We all are familiar with New York’s Bottle Bill. That’s the law that requires a nickel deposit on some beverage containers – soda, beer, and water. It’s been on the books for over 40 years. The laudable goal of the law is to divert some beverage containers from landfills and incinerators to the companies that make the products so that they can be recycled.
It’s worked reasonably well over its long “life” in New York.But for the law to work best, the purchasing consumer should have easy ways to get their nickel back.If it’s hard to get, it essentially becomes a “tax” that makes soft drinks and water container purchases less affordable.
When the law was originally approved back when Hugh Carey was governor, it included a requirement that helped make it easier for the consumer to understand how to get their deposit back.
The law requires the posting of a sign informing consumers about how to get their deposit back and how to complain if they have a problem doing so.The law is very detailed in how it should be written and where it should be posted at the retailer who sells the products.The law says that the “sign must be no less than eight inches by ten inches in size and have lettering a minimum of one quarter inch high, and of a color which contrasts with the background. The department shall maintain a toll-free telephone number for a ‘bottle bill complaint line.’" This became what’s known as the Bottle Bill “Bill of Rights.”
The law states that the sign must be posted at the “point of sale” – meaning where the consumer pays for the product.
Despite the clear language in the law, most people would say they have never seen such a sign.To test whether those anecdotes represent a failure of the law was put to the test by community volunteers all across New York State earlier this Fall.
Last week, a coalition of environmentalists, charities, and civic groups released a compliance-check survey showing a widespread failure of retailers to post a Bottle Bill “Bill of Rights” sign as required by state law.The survey of nearly 300 retailers across New York State found that 80 percent failed to post the signs visibly and that an additional 10 percent did not post those signs at the “point of sale” as required by the state.
Only 10 percent posted the sign as required by law.
In a letter to Governor Hochul, the groups called on the Administration to “direct the DEC to act to ensure that all retailers are aware of, and comply with, New York’s ‘Bottle Bill’ signage law.”
The groups also noted that “The lack of the required signage is no small matter. If consumers are unaware that they can return their used beverage containers to the store at which they purchased them, it adds at best an inconvenience – since the container would have to be returned somewhere else – or an increased price – since the consumer may simply be unaware of their rights and discard the used container.”
Lastly, the groups urged the governor to make modernization of the Bottle Bill a legislative priority next session. The groups cited the Bigger, Better, Bottle Bill (S.5684/A.6543) as their preferred approach.
Enacted in 1982, the New York State Returnable Container Act, commonly known as “the Bottle Bill,” requires a 5-cent refundable deposit to be placed on eligible beverage containers. Upon passage the Bottle Bill covered only beer and soda sold in New York. Water containers were added later. The Law requires retailers who sell covered beverages to accept returns of empty containers for the products they sell and refund the deposits. The Law also requires beverage distributors to compensate retailers for the cost of collecting and returning empty containers by paying them a small “handling fee” for each redeemed bottle and can.
Over its 40-year history, New York’s Bottle Bill has proven to be a highly effective program to reduce litter, increase recycling rates and support a local “circular economy.” The Bottle Bill reduced roadside container litter by 70%, diverting 6.4 billion cans and bottles each year from the environment and landfills and putting them towards productive use at recycling facilities. On average, containers with a deposit are three times more likely to be recycled in America than those without.
The groups’ compliance check underscored not only a specific problem, but an overall need to modernize New York’s 40+ year old law. Approval of the “Bigger, Better, Bottle Bill” would benefit state revenues, enhance recycling, save local taxpayers’ money, and support struggling businesses and charities that provide critical services to the needy. Let’s see if the governor acts. And if you buy soda, beer, or water containers, stand up for your rights and make sure you get your nickel back.
Blair Horner is senior policy advisor with the New York Public Interest Research Group.
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