On August 13th
Judge Deborah Batts (Southern District of New York) modified the
preliminary injunction order granted on May 29th to the International Bottled Water Association and other plaintiffs that has been preventing the state of NY from implementing all provisions of the recently enacted bottle bill amendments. (
NY BIll S59 & A159)
However,
Judge Batts ruled on Thursday August 13th that most provisions could take effect immediately which means that soda and beer companies will have to begin returning the bulk of unclaimed deposits to NY State. How much money are we talking about? According to Cuomo, the sum will be over $100 million in new revenue for the cash-strapped state.
The bigger issue and major sticking point for the law has been the labeling rule that would require NYS specific UPC codes for bottles sold locally in NY. Having to do so would effectively require distributors to have multiple inventories of beverages, those sold in NY and those sold in the other 49 states. The packaging and warehousing nightmare to comply with this law is staggering (to me) and when you add that many of the beverages sold in eastern NY Come from distribution centers in CT or even western Mass, the complication is enormous.
Each beverage would have to have a New York variety. So this would effectively double the packaging used for each flavor; labels, 4 or 6 packs, cans, 12 packs, variety packs, cases, etc. This includes costs to design, prepare, produce and ship packaging. Not only that, if you had a production run you would have to predict case sales by market and break down the line twice to change the packaging. (NY - Non-NY) then warehouse it.
I suggest a simpler solution where the UPC remains the same and the deposit language changes on the affected packaging. I would also suggest that first year, NY forgives the packaging changeover by letting beverage companies keep a percentage of the collected deposit money to recover costs. What do you think?