‘Bottle Law’ Expansion

Retail Council position

Oppose legislation that would expand the current definition of “returnable beverage container” and require retailers to accept covered beverage containers for recycling – largely at their expense.

Legislative action

The Retail Council of New York State opposes legislation introduced in 2007 at the request of the Governor (A.8044 / S.5850) that would expand provisions of New York’s bottle law to include certain non-carbonated beverage containers and require unclaimed deposits to be paid to the state’s Environmental Protection Fund.  The bill was held in both the Assembly Ways and Means and Senate Environmental Conservation committees.

At a glance

In-store recycling programs affect the bottom line of every merchant required to collect and recycle covered beverage containers and, furthermore, are not an efficient approach in which to recycle bottles at their end-of-life.  Only two percent of solid waste is currently recycled via store-level recycling programs, as many consumers choose curbside recycling as a more convenient option in which to properly and effectively dispose of recyclable materials.   

Retailers already collecting returnable beverage containers struggle to keep recycling areas clean, sanitary and separate from any food products for customer convenience - a costly expense in terms of time, labor and money.  Expanding the state’s bottle law would increase, from approximately 25 to 175, the types of returnable beverage containers that retailers would be mandated to accept for recycling.  This aggressive increase will undoubtedly translate into exorbitant costs absorbed almost entirely by the retailer.

Merchants, big and small, and their respective employees are trained and well-versed in selling consumer products and responding appropriately to the customer service needs of the everyday consumer.  Current proposals to expand the ‘bottle law’ would underscore and increase exponentially the potential health hazard that already exists for store clerks who handle such recyclables. 

Adding a five cent fee to nearly all non-carbonated beverages under one gallon will negatively affect low-income consumers who already have difficulty paying for groceries and may not have transportation to commute to and from a store in order to return their beverage containers.  Middle class consumers would also be subject to this regressive tax when consuming beverages outside of the home, thereby foregoing the opportunity to collect their deposit.