Rewrite bottle law, get rid of requirement for state-specific bar code
I fully support extending the state’s fi vecent container deposit to water bottles; however, both the implementation date and requirement for a state-specific universal product code [UPC] are very ill-considered. The implementation of the new bottle law should be delayed, and the law revised, to eliminate the requirement for UPC codes on all bottles for which deposits are required. The bill was signed April 7 with the provision that it be implemented by June 1. Given the lead time required to bottle and distribute water, beer and soda, it clearly is not possible to eliminate the existing products that do not have the UPC code from store shelves and replace them with coded items by then. Consequently all soda, beer, and bottled water in stores would be illegal to sell, effective June 1. The requirement for a state-specifi c UPC code on bottles [ruled unconstitutional by a federal judge last week] would result in the necessity for all bottlers and distributors to separate bottling, warehousing and distribution of bottles destined for New York from those to be sold in the rest of the country. The Coca-Colas and Anheuser-Busches of the world could absorb the considerable added expense; smaller companies would not be able to do so and would no longer be able to sell their products in New York. This would cause considerable harm to many small businesses in the state and result in the elimination of the best products (e.g., the microbrew beer). This is an unnecessary price to pay for implementing water bottle deposits. If other states passed similar legislation, interstate commerce would be eliminated. Let’s go back and get it right.
Judge corks new bottle law Delay until April ruled to allow compliance A look at the expanded bottle bill, put on hold until next April by a judge’s ruling Tuesday: BY MICHAEL VIRTANEN The Associated Press
A federal judge has blocked New York officials from collecting five-cent deposits on water bottles until next April. The delay gives bottling companies, which opposed the law, renewed opportunity to lobby for changes. It may also cost the state an estimated $115 million in unclaimed deposits on bottles for water and other beverages that it was to start collecting this year. U.S. District Judge Thomas Griesa’s order prevents New York from enforcing any amendments to the so-called “Bottle Bill” to give bottlers and others time to comply with the changes signed into law by Gov. David Paterson. “We are using all options — legislative and judicial — to ensure that the state can implement this vital environmental law as soon as possible,” Paterson spokeswoman Erin Duggan said Tuesday. She did not elaborate. Environmentalists criticized the delay, saying stores and redemption centers won’t be getting a needed boost from a 2 to 3.5 cents per return handling fee, and many small centers will likely shut down. “More than two billion water bottles will end up in the waste stream rather than recycled,” Laura Haight, chief environmental associate for the New York Public Interest Research Group, said Monday. Nickel deposits already are collected on bottles of carbonated beverages, wine coolers and beer sold in New York. Last week, Griesa temporarily stopped ............>>>>..........>>>>................http://www.dailygazette.net/De.....2&Continuation=1
Re June 3 article, “Judge corks new bottle law”: For the last couple of years, I have been pushing for an expanded bottle bill by sending notes to the governor. I must confess it’s the first time in my 61 years I feel like the governor listened to me. There was going to be a deposit on plastic water bottles. Hoorah! I am a walker. Rain or shine or blizzard, I take to the roads and cover 2 . 5 to 3.5 miles a day. Routinely I take a couple of bags with me and pick up discarded plastic bottles and cans along the roadside. It’s a matter of social responsibility for me. Over the years I have picked up hundreds, if not thousands, of plastic bottles, and have given up on the idea that selfish people will suddenly stop tossing them out the car window and begin to recycle plastic water bottles because Nestle’s says it is a good idea (and will allow Nestle’s and other bottlers to avoid any responsibility for the continued littering that will take place if they successfully oppose a nickel deposit). So, a judge decides in favor of the rich and powerful Nestle’s lawyers In New York, what else is new? In the meantime I will continue to pick up discarded bottles and cans. But if Nestle’s is serious about recycling, and I must assume they are I will “render unto Caesar that which is Caesar’s.” I’ll pack up the Nestle’s bottles I find and ship them, at my own expense, to corporate headquarters so the company can recycle them. In that way, both Nestle’s and I can both be responsible. Nestle’s should be proud for advancing recycling, and all I want to do is help. Maybe you could help, too?
Ok Ron, after you pick up and send all of those water bottles back to Nestle, don't forget to pick up all of those plastic bags from the markets, target, walmart etc....and send them back to their rightful owners. You may have to climb a tree for the bags though! And then you can pick up all of those m&m, almond joys, snickers etc...candy wrappers and send them back to their rightful owners too. While you're at it, perhaps you can drive around in a truck and pick up all of those abandoned shopping carts and return those to their rightful owners.
Don'tcha just love those tree huggers AND the money grabbing state? A match made in heaven!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Nestle can pay to have their own folks 'pick up'.....Nestle--your hometown garbage/recycler......I think I like it.... crap....cereal will cost more now......
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
Friday, August 14, 2009, 1:11pm EDT Judge rules in favor of expanded bottle bill The Business Review (Albany) - by Adam Sichko
A federal judge ruled Thursday that an expansion of the state’s “bottle bill” recycling law can immediately take effect.
Under the law, consumers pay a deposit of 5 cents per bottle on beverages such as beer and carbonated soft drinks, money that they can reclaim if they recycle the empty containers at certain stores.
The new court ruling ends a legal battle that began after state legislators expanded the bottle bill law in the state budget. A previous court order had frozen the entire law from taking effect until April 2010, following complaints from a variety of companies in the beverage industry.
On Thursday, judge Deborah Batts ruled that almost all parts of the expanded law can take effect immediately.
Any provision impacting bottled water—including a new, 5-cent deposit on those products—will not take effect until at least Oct. 22, when a follow-up hearing is scheduled.
Batts’ ruling means that the following provisions of the expanded law are now in effect on beverages already covered under the previous law, such as beer and soda:
• Distributors must now return 80 percent of unclaimed deposits to the state. Currently, distributors keep all unclaimed deposits.
• Distributors must increase the fees they pay redemption centers to take empty bottles, from 2 cents to 3.5 cents per container.
The state budget also requires bottles to have a unique, New York-specific UPC bar code, so recyclers know which bottles qualify for the 5-cent redeemable deposits.
That provision remains frozen under Batts’ order.
“The UPC was a huge concern. It’s clear from her order that it will never happen,” said Thomas Lauria. He is a spokesman for the International Bottled Water Association.
The association, along with Nestle Waters, sued the state in May as they were scrambling to meet the expanded law’s original June 1 deadline.
At the time, a judge issued an order preventing all parts of the law from taking effect until April 1, 2010.
Distributors, bottlers and retailers complain the expanded law is costly and cumbersome—and that the barcode requirement was unconstitutional because it impacted commerce in other states.
The expanded law is budgeted to generate $115 million in revenue for the state, which currently faces a $2.1 billion deficit.
“Our victory will ensure that the most critical elements of the bill move forward expeditiously,” said state Attorney General Andrew Cuomo.
Environmentalists also praised the ruling. The bottle bill pits environmentalists against businesses. It also divides the business community itself, with beverage companies and distributors opposing the law and recycling and bottle redemption centers in favor of it.
“Judge Batts’ decision has saved hundreds of primarily family-owned small businesses from folding, saving thousands of jobs in the process.” said Sheila Rivers, chairwoman of the New York State Bottle and Can Redemption Association. “Without the handling fee increase, many of our redemption centers were on the verge of collapse.”
And the price increase for this bill will just be passed on to us.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
CAPITOL Consumers likely to absorb costs of enhanced bottle bill BY MICHAEL LAMENDOLA Gazette Reporter
Wholesale distributors are bracing for an increase in business costs once New York’s Bigger Better Bottle Bill takes effect, and they are likely to pass those costs along to consumers through higher prices on beer, soda and bottled water, an industry spokeswoman said Monday. Natalia Kokalj, director of communications for the New York State Beer Wholesalers Association, said the law will prompt wholesalers to increase product costs to offset added recycling and business costs. “Consumers will bear the brunt for businesses to stay afloat. Bottling companies and distributors are facing the same requirements as before, but they now have additional costs,” Kokalj said. Bottling companies and distributors are required to collect and recycle redeemed containers from redemption centers. They were able to offset these costs by keeping 100 percent of the unredeemed 5-cent deposits under the prior bottle bill. Under the Bigger Better Bottle Bill, they now have to give the state 4 cents from each unredeemed deposit and pay redemption centers a handling fee of 3.5 cents per bottle, up from 2 cents per bottle. Federal District Court Judge Deborah Batts allowed these provisions of the law to take effect when she lifted an injunction two weeks ago. She left in place temporarily the.............................>>>>.....................>>>>.............http://www.dailygazette.net/De.....1&Continuation=1
yeah, like that's rocket science....and guess where that increased cost will go....to the company that is 'compelled' to pay a 'fee' to the government to police them.......
like 'healthcare fees' are now....pay attention......
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
N.Y. looks at expanding bottle deposits yet again BY MICHAEL VIRTANEN The Associated Press
Mandatory deposits on water bottles are expected to start this fall in New York, while the Paterson administration considers changes that would extend them to other beverages, including sugared water, iced tea and sports drinks. “It’s something we’re seriously considering,” said Judith Enck, chief environmental adviser to Gov. David Paterson, with backing of at least one major bottling company. Another possible addition to the law would make deposit bottles redeemable at all stores, not just those that sell a particular brand, which would make returns easier, she said. The exception for water containing sugar has drawn sharp criticism, especially because Paterson’s public policy goals include battling obesity. The exception doesn’t apply to artificial sweeteners. Robert F. Kennedy Jr., prosecuting attorney for the Riverkeeper organization, who has his own water bottling company, called the measure “an ugly sausage cooked up by lobbyists” that gives sugary drink producers an unfair competitive advantage. The required nickel deposit plus the handling fee will raise retail prices more than $2 for a 24-pack of water, including grocery generic brands, said James Rogers, president of the Food Industry Alliance of New York State. ..........................>>>>.....................>>>>...................http://www.dailygazette.net/De.....r00404&AppName=1
I wish our legislatures would worry less about deposits on bottles and concentrate on how to lower the crushing taxes that face all residents in this state. When the only increase in population coming into this state is from illegal immigrants and residents and businesses are leaving each year our elected officials have more important things to address.
I wish our legislatures would worry less about deposits on bottles and concentrate on how to lower the crushing taxes that face all residents in this state. When the only increase in population coming into this state is from illegal immigrants and residents and businesses are leaving each year our elected officials have more important things to address.
Jobs for the homeless.......it IS an election year after all and the homeless do vote.....
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
EDITORIALS Go ‘Bigger, Better Bottle Law’ one better
Beverage industry lobbyists helped water down New York’s plans for an expanded bottle law in the spring — winning an exemption for juice, iced tea and sports drinks — then nearly killed it completely in the summer over the state-specific bar code provision. Fortunately a month ago, U.S. District Court Judge Deborah Batts lifted an earlier injunction against the law; and while she agreed that the bar code should be dispensed with, she essentially assured all parties that the law would be implemented effective Oct. 22. Great, except some of the players are saying that’s not enough time. They’ve used that line before — last spring — and while there might have been some justification due to the bar code provision back then, it’s not an issue now. But it will be nearly five months after the originally scheduled implementation date — and years after such a change should have been made — so let’s get on with it. ................>>>>.................>>>>................................................http://www.dailygazette.net/De.....r00702&AppName=1
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