Bottle Bill – New York

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 and water that doesn’t contain sugar containers.

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.

The deposit initiator may be:

• A bottler of beverages;
• A distributor of beverages in a beverage containers with an established refund value, if such distributor did not directly or indirectly purchase the container from a registered deposit initiator;
• A dealer who sells or offers for sale a beverage in a beverage container, if such dealer did not directly or indirectly purchase the container from a registered deposit initiator; or
• An agent acting on behalf of a registered deposit initiator.

Resources:

• New York’s Bottle Bill – NYSDEC
• New York State Returnable Container Act
• 6 NYCRR Part 367

Is wine included in the bottle bill?

• No

Are wine (coolers) products or wine-based ready-to-drink beverages included in the bottle bill?

• Yes –  wine products are included in the bottle deposit program.

Definitions:

• “Beverage” means carbonated soft drinks, water, beer, other malt beverages and a wine product as defined in subdivision 36-a of Sec.3 of ABC law.
• “Wine Product” means a beverage containing wine to which is added concentrated or unconcentrated juice, flavoring material, water, citric acid, sugar and carbon dioxide and containing not more than six per centum alcohol by volume, to which nothing other than such wine has been added to increase the alcoholic content of such beverage.
• “Malt beverages” means any beverage obtained by the alcoholic fermentation or infusion or decoction of barley, malt, hops, or other wholesome grain or cereal and water including, but not limited to ale, stout or malt liquor.

Are wine containers included in the bottle bill?

• No

Are wine product containers included in the bottle bill?

• Yes

Types of containers included:

• An individual, separate, sealed glass, metal, aluminum, steel or plastic bottle, can or jar;
• Containers less than 1 gallon or 3.78 liters, and
• Containers of beverages intended for use or consumption in New York.

• Not applicable as wine containers are excluded from the bottle program.

Covered beverage containers, including wine product containers, must be permanently and clearly marked or embossed with New York State deposit information: 

• On metal containers – on the top of the container.
• On product label – front or back body label or on neck label.
• No metal containers with parts that are detachable in opening the container, unless the detachable part will decompose by photodegradation or biodegradation.
• Plastic loop holders (retainers) must be photodegradable or biodegradable or made of at least 90 percent post-consumer recycled high density polythene and indicate a resin identification code and must not have an opening greater than 1 3/4″ in diameter.

What are the CRV fees?

• a 5¢ refundable deposit per container

What is the handling fee?

• 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.