Requires certain manufacturers to sell and distribute plastic beverage containers with tethered plastic beverage caps

2025 Regular Session Introduced by William Colton and 4 co-sponsors

New York requires plastic beverage caps to be tethered or remain attached, phased by company size from 2030 to 2033, to reduce cap litter and boost recyclability.

PRINT NUMBER 9354A

Summary of Bill A. 9354-A (2025-2026) – New York

Purpose and intent

This bill seeks to reduce plastic waste and improve beverage container reuse/recycling by requiring certain plastic beverage containers to have tethered plastic caps. Starting in 2030, and with scaled applicability in 2033, the measure imposes tethered-cap requirements on manufacturers based on annual gross beverage sales. The overarching goal is to prevent cap separation and litter, while maintaining consumer access to beverages.

Key provisions and changes

Definitions (Title 10-A, § 27-1051):

Clarifies what constitutes a “plastic beverage container,” a “beverage,” a “manufacturer,” and a “plastic beverage cap.” It excludes containers primarily made of non-plastic materials that nonetheless contain a plastic cap.

Plastic beverage cap requirement ( § 27-1053):

Effective January 1, 2030: Manufacturers with gross annual beverage sales of $10 million or more may not sell, offer for sale, or distribute in New York a plastic beverage container with a plastic cap unless:
The cap is tethered to the container to prevent detachment when opened; or
The cap remains attached while the beverage is consumed (i.e., cap can be opened without removing the tethered cap).
Effective January 1, 2033: Manufacturers with gross annual beverage sales of $1 million or more must comply with the same tethered-cap or attached-cap consumption provision.

Manufacturer compliance ( § 27-1055):

Requires manufacturers to provide the Department of Environmental Conservation (DEC) with information necessary to assess compliance upon request.
Establishes criteria for determining who is considered a “manufacturer,” considering brand ownership, design influence, and control over container design.

Enforcement and penalties ( § 27-1057):

Violations trigger civil penalties of $1,000 per violation per day.
Allows DEC to promulgate rules and regulations, including defining what qualifies as a “plastic bottle cap.”

Affected entities and scope

Who is affected: Manufacturers and importers/distributors of plastic beverage containers, particularly those with substantial beverage sales. The law targets entities with annual gross beverage revenues of at least $10 million (beginning 2030) and reduces the threshold to $1 million (beginning 2033).

Scope in state: Applies to plastic beverage containers sold, offered for sale, or distributed in New York.

Procedural and timeline aspects

Effective dates:

2030: Cap tethering or attached-cap requirement for the largest manufacturers ($10M+ in annual beverage sales).
2033: Expanded applicability to smaller manufacturers ($1M+ in annual beverage sales).

Rulemaking: DEC is authorized to issue regulations clarifying implementation details, including the definition of “plastic bottle cap.”

Penalties: Civil penalties of $1,000 per day per violation, underscoring the bill’s enforcement emphasis.

Overall impact

The bill aims to reduce plastic litter and improve post-consumer recyclability by ensuring caps remain attached or tethered, thereby mitigating cap-separation waste. It imposes a phased compliance timeline based on company size and establishes enforcement mechanisms to encourage adherence.