N.Y. Comp. Codes R. & Regs. tit. 6 § 367.7

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

Section 367.7 - Refusal of acceptance of a beverage container

(a) A dealer or redemption center may refuse to accept any broken bottle, corroded or dismembered can, or any beverage container which:

(1) contains a free-flowing liquid;

(2) does not properly indicate a refund value; or

(3) contains a significant amount of foreign material, as defined in this section.

However, a distributor must accept from any dealer or redemption center any broken bottle, corroded or dismembered can, or any beverage container which contains a significant amount of foreign material if the beverage container properly indicates a refund value and if the dealer or redemption center has accepted the beverage container and paid the refund value. A beverage container properly indicates a refund value if it is labeled as required in section 367.8 of this Part.

(b) A refillable bottle is broken if it is not able to hold liquid or to be resealed, is not in its original shape or is cracked. A nonrefillable bottle is broken if its bottom is broken out or if its neck is broken off.

(c) A can is corroded if chemical action on the can has caused the indication of refund value required by section 367.8 of this Part to become illegible or missing.

(d) A can is dismembered if its body is not in one piece, if it is crushed flat or if it is unable to stand on its own base. A can which is otherwise dented or partially crushed is not a dismembered can.

(e) A significant amount of foreign material is any material such as paper, sticks or cigarette butts which are foreign to the original contents of the container. Small amounts of dust, dirt or moisture do not constitute a significant amount of foreign material.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 367.7