Aluminum cans being recycled.

New York's Bottle Bill

Returnable Container Act (RCA)

New York's Returnable Container Act, more commonly referred to as the "Bottle Bill," requires a deposit of at least 5-cents on carbonated soft drinks, beer and other malt beverages, mineral water, soda water, wine products (wine coolers) and water that doesn't contain sugar. Although commonly called the Bottle Bill, the Act includes more than bottles. A deposit is required on glass, metal, and plastic containers that hold less than one gallon or 3.78 liters.

How New York's Bottle Bill Works

  1. Deposit initiators collect at least a 5-cent deposit from each distributor or dealer on each beverage container sold to such distributors or dealers in New York.
  2. Dealers, commonly referred to as "retailers," pay the distributor or deposit initiator at least a 5-cent deposit for each beverage container purchased.
  3. Consumers pay the retailer the deposit for each beverage container purchased.
  4. Consumers may then return their empty beverage containers to a retailer or redemption center to get their deposit back.
  5. 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.

***Containers must be purchased in New York State to be eligible for the deposit refund. Consumers can return empty deposit containers to any retailer that sells the same type and brand of beverage, or to a redemption center in the state. 

The New York State Returnable Container Act is in Article 27, Title 10 of the Environmental Conservation Law (ECL), Sections 27-1001 to 27-1019.

View Regulations (6 NYCRR Part 367)

The law was originally enacted on June 15, 1982, and became effective July 1, 1983, pursuant to Chapter 200 of the Laws of 1982. Laws of 1983, 1984, 1988, and 1997 made changes to the original law. Most recently, significant amendments made pursuant to Chapter 59 of the Laws of 2009 were enacted on April 7, 2009.

The DEC is proposing to amend New York's Bottle Bill Regulations, 6 NYCRR Part 367 - Returnable Beverage Containers. We held two virtual stakeholder meetings in September 2022 to obtain input regarding potential updates to the regulations. See the webinar presentation asking for input on the regulations. Both meetings were recorded and are available below:

Bottle Bill of Rights

YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER ACT:

  • THE RIGHT to return your containers for refund to any dealer who sells the same brand, type and size, and composition, whether you bought the beverage from the dealer or not. It is illegal to return containers for refund that you did not pay a deposit on in New York State. 
  • THE RIGHT to get your deposit refund in cash, without proof of purchase. 
  • THE RIGHT to return your empties any day, any hour, except for the first and last hour of the dealer's business day (empty containers may be redeemed at any time in 24-hour stores). 
  • THE RIGHT to return your containers if they are empty and intact. Washing containers is not required by law but is strongly recommended to maintain sanitary conditions. 

The New York State Returnable Container Act can be enforced by the New York State Department of Environmental Conservation, the New York State Department of Agriculture and Markets, the New York State Department of Taxation and Finance, the New York State Attorney General and/or by your local government. To report a violation, call 1-877-846-8802 (9am - 5pm M-F).

  • Carbonated Soft Drinks, including Sparking Water
  • Carbonated Energy Drinks
  • Carbonated Juice (anything less than 100% juice, containing added sugar or water)
  • Carbonated Tea
  • Soda Water
  • Beer and Other Malt Beverages
  • Mineral Water - Both carbonated and non-carbonated mineral water
  • Wine Products
  • Water which does not contain sugar, including flavored or nutritionally enhanced water

  • Milk Products
  • Wine, Liquor and Spirits
  • Hard Ciders
  • Non-Carbonated Tea
  • Non-Carbonated Sports Drinks
  • Non-Carbonated Juice
  • Non-Carbonated Energy Drinks
  • Drinks in Drink Boxes or Pouches
  • Waters Containing Sugar
    • To determine if a water product has added sugars.
      • First, determine if the product is identified as a water through the use of symbols, letters or words. Then, check the nutrition label to see if sugar has been added. If "Nutrition Facts" label indicates:
      • "Sugars" is 0 grams, then the water requires a deposit
      • "Sugars" is more than 0 grams, no deposit is required.

There may be limited exceptions to this generalization. Please contact DEC if you think "a beverage identified as a type of water to which sugar has been added" does not conform to this general principle.

  • 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.

Effectiveness of the RCA

Since the Act went into effect, redemption rates have been an average of 65 percent and beverage container litter has been reduced by 70 percent. A small deposit pays big dividends in conservation of energy and valuable resources. The act has helped:

  • save valuable materials from going to a landfill
  • create a recycling ethic in NY
  • keep parks and roadsides clean reducing litter by 70%
  • conserve energy
  • recycle thousands of tons of plastic, glass, and aluminum

In 2022, nine billion beverage containers requiring a deposit were sold in NY and 6.4 billion deposit containers were redeemed, resulting in a 70% redemption rate.

Important Terms

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 or distributor under the provisions of section 27-1013 of this title.

the individual, separate, sealed glass, metal, aluminum, steel or plastic bottle, can or jar used for containing less than one gallon or 3.78 liters at the time of sale or offer for sale of a beverage intended for use or consumption in this state.  Beverage containers sold or offered for sale or distributed aboard aircraft or ships shall be considered as intended for use or consumption outside this state.

the first bottler, distributor, dealer or agent to collect the refund value (deposit) on a beverage container sold in New York State.

The 2009 amendments allow for some options as to who may be the initiator. The deposit initiator may be:

  • A bottler of beverages;
  • A distributor of beverages in a beverage container 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.

An entity cannot be considered the deposit initiator of a beverage if they have directly or indirectly purchased the beverage from another deposit initiator.

every person, firm or corporation who engages in the sale of beverages in beverage containers to a consumer for off-premises consumption in this state. Dealers are required to accept returnable beverage containers from beverages that they sell.

** 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.

** No one may sell a beverage container in NY unless the container indicates it has a refund value of not less than 5 cents.

** Note that "sale" means the act of selling or offering to sell or distributing for use or consumption.

It does not matter which entity (bottler, distributor, dealer, agent) actually initiates the deposit, as long as it is initiated either before or when the beverage container is first sold or offered for sale in NY. If no one collects, or has already collected, the deposit on a beverage container, then such container must not be sold in NY.

When selling and/or purchasing beverages for sale in New York State, it needs to be clear to all parties as to who will be responsible for initiating deposits. It is strongly suggested that any agreements be in writing.
 

Bottle and Can Labeling

Beverage 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.

  • Printing must be at least 1/8" in height and indicate "NY" or "New York" and the amount of the deposit amount (Example: NY 5 cents or NY 5¢).
  • The label must be complete, legible, indelible and easily visible. New York can be listed with the other deposit states.
  • No beverage container may have the refund value indicated only on the bottom of the container.
  • No beverage container may have the refund value indication on a part of the container which is removed upon opening, including crown caps, screw caps, foil covers.
  • Rubberstamping is NEVER an acceptable labeling method.
  • "Ink-jetting" or "video-jetting" has not been considered an acceptable method for applying the indication of refund value to containers because it has never met all of the labeling requirements in the law and regulations. However, if there is an "ink-jetting" process that meets all such requirements, it may be permissible. Please contact DEC if you believe an "ink-jetting" process conforms to all such requirements, so that DEC may make a determination as to whether it is indeed acceptable.
  • Alternative labeling is acceptable only for beverages not manufactured in the United States.
  • A securely or permanently affixed separate label can be used to properly label, but must be applied by the deposit initiator, which will likely be the manufacturer, bottler, or brand owner for whose exclusive account private label beverages are bottled, canned, or otherwise packaged.
  • A separate label should never be applied if the deposit has not been collected by a registered deposit initiator.
  • A dealer or distributor, who is not the deposit initiator, should not apply these separate labels.

**Please see "Private Label Beverages" below.

The New York State Department of Health regulations, 10 NYCRR 5-6 relates to bottled water labeling. All New York State Department of Health certified bottled water facilities must follow the policies, procedures and regulations as they relate to the certification of their facility(ies). Therefore, labels must be reviewed by the Department of Health to ensure compliance with Subpart 5-6. For the most up-to-date information on this topic or if you have any label certification questions, please contact the New York State Department of Health, Bureau of Water Supply Protection at (518) 402-7650.

The beverage industry may use the term private label beverage differently than the Returnable Container Act. New York's law defines private label beverages as: "Beverages purchased from a beverage manufacturer in beverage containers bearing a brand name or trademark for sale at retail directly by the owner or licensee of such brand name or trademark; or through retail dealers affiliated with such owner or licensee by a cooperative or franchise agreement." ECL § 27-1011(1)(a).

Important Links

RCA - 2017 Version of the Law (PDF)
NYS Pollution Prevention Institute's Impact Study of NYS Bottle Bill Expansion …
Bulk Redemption of Beverage Containers (PDF)
Bottle Bill of Rights (PDF)
Redemption Warning Sign (PDF)
Deposit Initiator and Distributor Responsibilities Letter (PDF)
Contact for this Page

DMM, Bureau of Waste Reduction and Recycling
625 Broadway
Albany, NY 12233-7253

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