Bill Text: NY A06282 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits exclusive vending and minimum purchase provisions in contracts involving the lease of reverse vending machines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-04 - referred to economic development [A06282 Detail]

Download: New_York-2019-A06282-Introduced.html


                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.
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