Ag's Office Enforces Bottle Law In Nassau County

Attorney General Spitzer today announced an agreement with three 7-Eleven franchises in Nassau County which had been cited for failing to comply with New York State’s Bottle Law.

An investigation by the Attorney General’s Office found that the three stores had refused to accept for redemption empty bottles of "Classic Select" - - a beverage sold exclusively by 7-Eleven - - even though customers paid a five cent deposit for each bottle at the time of purchase.

"New York’s Bottle Law is a cornerstone environmental statute that greatly reduces litter and promotes reuse and recycling," said Spitzer. "The law works only if stores accept returns of the beverage containers they sell to consumers."

Under the agreements, each of the three 7-Eleven franchises will:

• Fully comply with all the requirements of the Bottle Law;
  
• Take steps to ensure that their managers and personnel are fully trained;
  
• Post a "Bottle Bill of Rights" sign in each store; and,
  
• Pay a penalty of $100.

In addition, Tariq Khan, owner of one of the franchises and Chairman of the National Coalition of 7-Eleven Franchisees, will distribute a notice to each of the coalition’s 200-plus members advising them of the settlement and instructing them about complying with the law.

New York State consumers who purchase beverages covered by the bottle law are required to pay a deposit - - usually a nickle - - on each container. Consumers are then paid a refund of their deposit when they redeem the empty containers. The Bottle Law requires businesses to accept for redemption empty beverage containers sold by the business and pay the customer a refund for each container.

In July 2004, the Attorney General’s Nassau Regional Office received a consumer complaint alleging that some 7-Eleven stores were refusing to accept returns on beverage containers sold exclusively by the company.

In response to the complaint, the Attorney General’s Office sent staffers to twelve 7-Eleven stores in Nassau County to redeem containers of Classic Select. They were turned away at three of the stores.

Those three stores, which have now signed agreements with the Attorney General’s Office, are located at 531 Fulton Avenue in Hempstead, 207 Jericho Turnpike in Mineola and 145 Sunrise Highway in Freeport.

The nine franchises found to be in compliance with the law are located at 294 Guy Lombardo Avenue in Freeport, 115 Jericho Turnpike in Jericho, 635 Powells Lane in Westbury, 3 Railroad Station in Roslyn, Newbridge Road in East Meadow, 2397 Hempstead Turnpike in East Meadow, 781 Wildwood Avenue in Lindenhurst, 2540 Merrick Road in Bellmore and 383 Hempstead Turnpike in West Hempstead.

This agreement is part of a series of enforcement actions to ensure compliance with the state’s Bottle Law. Other cases involved the Duane Reade, CVS, Rite Aid and Eckerd drug store chains.

The 7–Eleven investigation was handled by Assistant Attorney General In Charge of the Nassau Regional Office Juan Merchan with the assistance of Senior Investigator Angel Rivera.