The DEC will be amending New York's Bottle Bill Regulations, 6 NYCRR Part 367 - Returnable Beverage Containers. We held two virtual stakeholder meetings in September 2022 to obtain input regarding potential updates to the regulations. See the webinar presentation asking for input on the regulations. Both meetings were recorded and are available below:
To provide written comments on the regulations:
Email: [email protected] , include "Suggestions for Part 367" in the subject line of the email
or
Mail to: NYSDEC, Division of Materials Management, Attn: Recycling and Outreach Section, 625 Broadway, Albany, NY 12233-7253
New York's Returnable Container Act, more commonly referred to as the "Bottle Bill," requires a deposit of at least 5-cent deposit on carbonated soft drinks, beer and other malt beverages, mineral water, soda water, wine products (wine coolers) and water that doesn't contain sugar containers. Although commonly called the Bottle Bill, the Act includes more than bottles. A deposit is required on glass, metal, and plastic containers that hold less than one gallon or 3.78 liters.
Since the Act went into effect, redemption rates have been an average of 65 percent and beverage container litter has been reduced by 70 percent. A small deposit pays big dividends in conservation of energy and valuable resources. The act has helped:
Deposit initiators collect at least a 5-cent deposit from each distributor or dealer on each beverage container sold to such distributors or dealers in New York.
Dealers, commonly referred to as "retailers", pay the distributor or deposit initiator at least a 5-cent deposit for each beverage container purchased.
Consumers pay the retailer the deposit for each beverage container purchased.
Consumers may then return their empty beverage containers to a retailer or redemption center to get their deposit back.
Retailers and redemption centers are reimbursed the deposit plus a 3.5-cent handling fee by the distributor or the deposit initiator for each empty beverage container returned.
The New York State Returnable Container Act is in Article 27, Title 10 of the Environmental Conservation Law (ECL), Sections 27-1001 to 27-1019.
The applicable regulations are at 6 NYCRR Part 367.
The law was originally enacted on June 15,1982, and effective July 1, 1983, pursuant to Chapter 200 of the Laws of 1982. Laws of 1983, 1984, 1988 and 1997 made changes to the original law. Most recently, significant amendments made pursuant to Chapter 59 of the Laws of 2009 were enacted on April 7, 2009.
To determine if a water product has added sugars.
First, determine if the product is identified as a water through the use of symbols, letters or words. Then, check the nutrition label to see if a sugar has been added. If "Nutrition Facts" label indicates:
There may be limited exceptions to this generalization. Please contact DEC if you think "a beverage identified as a type of water to which a sugar has been added" does not conform to this general principle.
A deposit initiator is the first bottler, distributor, dealer or agent to collect the refund value (deposit) on a beverage container sold in New York State.
The 2009 amendments allow for some options as to who may be the initiator. The deposit initiator may be:
** No one may sell a beverage container to anyone in NY unless the deposit on the beverage container is or has been collected by a registered deposit initiator.
** Note that "sale" means the act of selling or offering to sell, or distributing for use or consumption.
It does not matter which entity (bottler, distributor, dealer, agent) actually initiates the deposit, as long as it is initiated either before or when the beverage container is first sold or offered for sale in NY. If no one collects, or has already collected, the deposit on a beverage container, then such container must not be sold in NY.
When selling and/or purchasing beverages for sale in New York State, it needs to be clear to all parties as to who will be responsible for initiating deposits. It is strongly suggested that any agreements be in writing.
No one may sell a beverage container in NY unless the container has a refund value of no less than 5 cents.
Beverage containers must be permanently and clearly marked or embossed with New York State deposit information:
Labeling
NOTE: Please see the definition of "private label beverage" below.
Labeling for water
The New York State Department of Health regulations, 10 NYCRR 5-6 relates to bottled water labeling. All New York State Department of Health certified bottled water facilities must follow the policies, procedures and regulations as they relate to the certification of their facility(ies). Therefore, labels will must reviewed by the Department of Health to ensure compliance with Subpart 5-6. For the most up-to-date information on this topic or if you have any label certification questions, please contact the New York State Department of Health, Bureau of Water Supply Protection at (518) 402-7650.
The beverage industry may use the term private label beverage differently than the Returnable Container Act. New York's law defines private label beverages as: "Beverages purchased from a beverage manufacturer in beverage containers bearing a brand name or trademark for sale at retail directly by the owner or licensee of such brand name or trademark; or through retail dealers affiliated with such owner or licensee by a cooperative or franchise agreement." ECL § 27-1011(1)(a).