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N.Y. Environmental Conservation Law § 27-1905

Mandatory tire acceptance; notices

Redline — January 1, 2017 → current.View current text →
Current — January 1, 2026
As of January 1, 2017
§ 27-1905. Mandatory tire acceptance.\n Any tire service shall:\n 1. Until December thirty-first, two thousand nineteen, accept from a\ncustomer, waste tires of approximately the same size and in a quantity\nequal to the number of new tires purchased or installed by the customer;\nand\n 2. Until December thirty-first, two thousand nineteen, post written\nnotice in a prominent location, which must be at least eight and\none-half inches by fourteen inches in size and contain the following\nlanguage:\n "New York State law requires us to accept and manage waste tires from\nvehicles in exchange for an equal number of new tires that we sell or\ninstall. Tire retailers are required to charge a separate and distinct\nwaste tire management and recycling fee of $2.50 for each new tire sold.\n The retailers in addition are authorized, at their sole discretion, to\npass on waste tire management and recycling costs to tire purchasers.\nSuch costs may be included as part of the advertised price of the new\ntire, or charged as a separate per-tire charge in an amount not to\nexceed $2.50 on each new tire sold."\n The written notice shall also contain one of the following statements\nat the end of the aforementioned language and as part of the notice,\nwhich shall accurately indicate the manner in which the tire service\ncharges for waste tire management and recycling costs, and the amount of\nany charges that are separately invoiced for such costs:\n "Our waste tire management and recycling costs are included in the\nadvertised price of each new tire.", or\n "We charge a separate per-tire charge of $____ on each new tire sold\nthat will be listed on your invoice to cover our waste tire management\nand recycling costs."\n 3. Any retail advertisement of promotional material provided by or on\nbehalf of the tire service that lists a tire price which does not\ninclude waste tire management and recycling costs shall contain one of\nthe following statements conspicuously located in or on the\nadvertisement and in the same font as the advertised price of the tire:\n"Additional fees relating to tire management and recycling costs may\napply," or, "We charge a separate per-tire charge of $____ on each new\ntire sold that will be listed on your invoice to cover our waste tire\nmanagement and recycling costs where applicable." Where the latter\nstatement is used, it shall list the amount of the separate per-tire\ncharge.\n
§ 27-1905. Mandatory tire acceptance; notices.\n 1. A tire service that maintains a physical retail location in the\nstate shall, until December thirty-first, two thousand twenty-seven:\n (a) accept from a customer, waste tires of approximately the same size\nand in a quantity equal to the number of new tires purchased or\ninstalled by the customer;\n (b) post written notice in a prominent location, which must be at\nleast eight and one-half inches by fourteen inches in size and contain\nthe following language:\n "New York State law requires us to accept and manage waste tires from\nvehicles in exchange for an equal number of new tires that we sell or\ninstall. Tire retailers are required to charge a separate and distinct\nwaste tire management and recycling fee of $2.50 for each new tire sold.\n The retailers in addition are authorized, at their sole discretion, to\npass on waste tire management and recycling costs to tire purchasers.\nSuch costs may be included as part of the advertised price of the new\ntire, or charged as a separate per-tire charge in an amount not to\nexceed $2.50 on each new tire sold."\n The written notice shall also contain one of the following statements\nat the end of the aforementioned language and as part of the notice,\nwhich shall accurately indicate the manner in which the tire service\ncharges for waste tire management and recycling costs, and the amount of\nany charges that are separately invoiced for such costs:\n "Our waste tire management and recycling costs are included in the\nadvertised price of each new tire.", or\n "We charge a separate per-tire charge of $____ on each new tire sold\nthat will be listed on your invoice to cover our waste tire management\nand recycling costs."; and\n (c) ensure that any retail advertisement of promotional material\nprovided by or on behalf of the tire service that lists a tire price\nwhich does not include waste tire management and recycling costs\ncontains one of the following statements conspicuously located in or on\nthe advertisement and in the same font as the advertised price of the\ntire: "Additional fees relating to tire management and recycling costs\nmay apply," or, "We charge a separate per-tire charge of $____ on each\nnew tire sold that will be listed on your invoice to cover our waste\ntire management and recycling costs where applicable." Where the latter\nstatement is used, it shall list the amount of the separate per-tire\ncharge.\n 2. A tire service that does not maintain a physical retail location in\nthe state shall, until December thirty-first, two thousand twenty-seven\nmake viewable to a customer in the state a statement, prior to the\npurchase of new tires, that contains the following language:\n "New York state law requires tire retailers to charge a separate and\ndistinct waste tire management and recycling fee of $2.50 for each new\ntire sold."\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.