N.Y. Comp. Codes R. & Regs. tit. 6 § 367.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 367.2 - Definitions

(a) Apply means to apply or attach or to cause to be applied or attached.

(b) Beverage means carbonated soft drinks, mineral water, soda water, beer and other malt beverages.

(c) Beverage container means the individual, separate, sealed glass, metal or plastic bottle, can or jar used for containing, at the time of sale, one gallon (3.8 liters) or less of a beverage intended for use or consumption in this State.

(d) Beverage manufacturer means a person who bottles, cans or otherwise packages beverages in beverage containers, or who imports filled beverage containers into the United States.

(e) Commissioner means the Commissioner of Environmental Conservation.

(f) Consumer means a person who buys a beverage for use or consumption.

(g) Dealer means a person who engages in the sale of beverages in beverage containers to a consumer for off-premises consumption in this State.

(h) Deposit means the refund value established pursuant to section 367.3 of this Part.

(i) Distributor means a person who is a beverage manufacturer or who engages in the sale of beverages in beverage containers to a dealer. A person who purchases directly from a beverage manufacturer a beverage in a beverage container bearing a brand name or trademark owned by that person is considered to be a distributor of such beverage.

(j) Environmental Conservation Law means chapter 43-B of the Consolidated Laws of New York State.

(k) Filled means bottled, canned or otherwise packaged with the original beverage contents.

(l) Initiate a deposit means to be the first person to charge a deposit on a beverage container.

(m) Malt beverage 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.

(n) Mineral water means water which is naturally or artificially impregnated with mineral salts or gases such as carbon dioxide or which is sold as a mineral water.

(o) Person means individual, firm, corporation or other legal entity.

(p) Place of business means the location at which a dealer sells beverages in beverage containers to consumers.

(q) Redeemer means a person, other than a dealer or distributor, who demands the refund value in exchange for the empty beverage container.

(r) Redemption center means any person offering to pay the refund value of an empty beverage container to a redeemer, or any person who contracts with one or more dealers or distributors to collect, sort and obtain the refund value and handling fee of empty beverage containers for or on behalf of such dealer(s) or distributor(s).

(s) Refillable beverage container means any beverage container which is so constructed and designed that it is structurally capable of being refilled and resold by a beverage manufacturer, and which the beverage manufacturer requires to be returned for the purpose of refilling and resale.

(t) Refund value means the amount of the deposit established pursuant to section 367.3 of this Part.

(u) Sale means the act of selling or offering to sell, or distributing for use or consumption.

(v) Soda water means water charged with a gas, such as carbon dioxide, to cause effervescence.

(w) Type of beverage container means the design, shape, size, color, composition and brand of beverage container.

(x) Use or consumption means the exercise of any right or power incident to the ownership of a beverage other than to sell or to keep or retain a beverage for the purpose of selling such beverage.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 367.2