Bill > A08391

This bill modifies New York's returnable beverage container laws by updating definitions, creating an exemption for small food and beverage retailers, and adjusting handling fees. Specifically, it clarifies the definition of a "redemption center" and introduces the concept of "commingling," which refers to sorting containers by material and size rather than by the original seller. The bill also expands the definition of "beverage" to include non-carbonated drinks and specifies that "beverage containers" are typically made of polyethylene terephthalate (PET) plastic and hold three liters or less. A key provision allows dealers with places of business under ten thousand square feet whose primary business is selling food or beverages for off-premises consumption to be exempt from accepting empty containers if they have an agreement with a nearby redemption center. Handling fees for returned containers will now vary based on whether the containers are part of an approved commingling agreement, processed through specific technology, or handled otherwise, with higher fees for less efficient methods. The bill also introduces new audit procedures for deposit initiators and distributors to verify the accuracy of returned containers and establishes penalties for violations, including ineligible containers or shortfalls in counts. Furthermore, it requires beverage containers to be marked with "NY" or "New York" and introduces a new section for commingling agreements, outlining criteria for their formation and approval. Finally, the bill allocates a portion of collected funds to support redemption centers in rural or environmental justice communities and clarifies registration requirements for redemption centers, including those already in operation.

Agriculture and Natural Resources

https://www.nysenate.gov/legislation/bills/2025/A8391