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Bill

S 8600

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

2025 Regular Session Introduced by Leroy Comrie and 3 co-sponsors

Requires tethered or attachable caps on plastic beverage containers sold in NY to reduce cap litter, with phased compliance by company revenue and penalties for noncompliance.

PRINT NUMBER 8600A
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WeVote Research Nonpartisan
Bill Summary · S 8600

Overview

Bill S.8600 (2025-2026, New York) would require certain manufacturers to sell and distribute plastic beverage containers with tethered plastic beverage caps. The measure creates a new Title 10-A within Article 27 of the Environmental Conservation Law, sets definitions, mandates tethered or otherwise consumable-cap designs, outlines phased compliance based on company revenue, and establishes enforcement mechanisms with civil penalties.

Purpose and intent

  • Reduce plastic cap litter and prevent caps from becoming environmental debris after consumption.
  • Encourage designs that keep caps attached to containers, thereby improving recycling and waste management outcomes.
  • Implement a staged compliance timeline linked to manufacturer revenue to target larger producers first and gradually cover smaller entities.

Key provisions

Definitions (Section 27-1051)

  • Plastic beverage container: Any plastic-centric container intended for one-time use and disposal/recycling; excludes fully non-plastic containers with a plastic cap, open cups, or reusable containers.
  • Plastic: Broadly defined as synthetic/semi-synthetic materials derived from fossil fuel or biological sources that form a polymer chain usable in manufacturing.
  • Beverage: Broad category including beer, wine, spirits, water, soft drinks, juices, coffee/tea drinks, dairy, etc.
  • Manufacturer: Entity primarily responsible for producing a beverage in a plastic container and selling/distributing in New York.
  • Plastic beverage cap: A plastic cap that attaches to a plastic container.

Plastic beverage caps requirement (Section 27-1053)

  • Manufacturers may not sell or distribute a plastic beverage container with a plastic cap unless: 1) The cap is tethered to the container to prevent separation during consumption; or 2) The cap includes an opening that allows drinking while the cap remains attached to the container.

Manufacturer compliance (Section 27-1055)

  • Manufacturers must provide the department with information necessary to determine compliance upon request.
  • Criteria for determining “manufacturer” status consider brand ownership, control/influence over beverage design, and container design control.
  • Related entities with a corporate relationship to a covered manufacturer may assume responsibilities with notice to the department.
  • Phase-in based on gross annual revenues:
    • Large manufacturers (revenues ≥ $10 million): compliance applies three years after the act’s effective date.
    • Smaller manufacturers (revenues < $10 million): compliance applies six years after the act’s effective date.

Enforcement and penalties (Section 27-1057)

  • Violations incur civil penalties of $1,000 per violation per day.
  • Enforcement can be pursued by the department, the attorney general, or district attorneys, with options for civil penalties, equitable relief, or both.
  • The department may promulgate rules/regulations necessary to implement the title.

Affected parties

  • Primary: Plastic beverage container manufacturers and brands selling/supplying beverages in New York.
  • Indirect: Entities with corporate affiliation to covered manufacturers that may assume compliance responsibilities.
  • Governmental: New York State Department of Environmental Conservation, Attorney General, and local district attorneys for enforcement.

Timelines and procedural aspects

  • Effective date: Immediately upon enactment.
  • Compliance phased-in by revenue:
    • ≥ $10 million in annual revenue: 3 years after effective date.
    • < $10 million in annual revenue: 6 years after effective date.
  • Enforcement and rulemaking: Department authority to draft implementing regulations; penalties apply per day for each violation.

Potential impact

  • Design changes: Increased prevalence of tethered caps or cap-with-spout designs that remain attached during use.
  • Waste and recycling: Potential reduction in plastic cap litter and improved recyclability of containers.
  • Compliance burden: Regulatory reporting and potential design/packaging adjustments for covered manufacturers, with a staggered timeline.
  • Environmental equity: Larger firms face earlier compliance, with smaller firms given additional time.
  • Economic considerations: Possible cost implications for manufacturers to redesign packaging and for downstream packaging supply chains.

If you’d like, I can provide a side-by-side comparison with existing New York packaging or litter-reduction statutes, or draft a one-page briefing for stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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