STATE OF NEW YORK
________________________________________________________________________
6282
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Economic Development
AN ACT to amend the general business law, in relation to prohibiting
exclusive vending and minimum purchase provisions in contracts involv-
ing the lease of reverse vending machines
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 396-uu to read as follows:
3 § 396-uu. Reverse vending machines. 1. Definitions. As used in this
4 section:
5 a. "Reverse vending machine" means an automated device that uses a
6 laser scanner, microprocessor, or other technology to accurately recog-
7 nize the universal product code (UPC) on containers to determine if the
8 container is redeemable and accumulates information regarding containers
9 redeemed, including the number of such containers redeemed, thereby
10 enabling the reverse vending machine to accept containers from redeemers
11 and to issue a scrip or receipt for their refund value.
12 b. "Person" means any individual, firm, partnership, corporation,
13 association or other legal entity.
14 c. "Consumer" means any person who enters into a contract with a deal-
15 er or manufacturer for the lease of a reverse vending machine.
16 d. "Dealer" or "manufacturer" means any person who engages in the
17 business of leasing reverse vending machines and collecting, sorting and
18 obtaining the refund value of empty beverage containers.
19 e. "Redemption center" means any person offering to pay the refund
20 value of empty beverage containers, or any person who contracts with one
21 or more dealers or manufacturers to collect, sort and obtain the refund
22 value of empty beverage containers and determine handling fees of empty
23 beverage containers.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10215-01-9
A. 6282 2
1 2. Any dealer or manufacturer leasing reverse vending machines to
2 consumers or redemption centers shall be prohibited from including
3 exclusive vendor and minimum purchase provisions in leasing contracts
4 that require the consumer or redemption center to exclusively utilize
5 the services of such dealer or manufacturer to collect, sort and obtain
6 the refund value of empty beverage containers and determine the handling
7 fees of empty beverage containers.
8 § 2. This act shall take effect immediately.