A 9354 New York Assembly · 2025 Regular Session

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

Summary
Requires manufacturers with gross annual beverage sale revenues of ten million dollars or more, beginning January 1, 2030, to sell and distribute plastic beverage containers with tethered plastic beverage caps or openings from which the beverage can be consumed while the plastic beverage cap remains screwed onto or otherwise affixed to the plastic beverage container; requires manufacturers with gross annual beverage sale revenues of one million dollars or more to comply by January 1, 2033.
Bill status in committee 1 of 4 stages cleared
Introduction
Dec 2025
Committee Review
Floor Vote
Governor
Introduced Dec 19, 2025 Last action May 20, 2026
Maddy AI version diff · 1 comparison

What changed between versions

A9354 A9354A · 6 edits
MODERATE
The bill was amended to broaden its sponsor list and significantly revise the definitions and enforcement rules for plastic beverage caps. The changes clarify that the law applies to beverages containing plastic caps, update the list of covered drinks to include sports drinks, and redefine who counts as a 'manufacturer' to include importers and brand owners. Additionally, the penalty for violations was strengthened to cover every day the violation continues, and specific rules were added to define what constitutes a plastic bottle cap.
Scope change
The bill's scope was expanded to explicitly include sports drinks and clarify that the definition of a plastic beverage container applies to any container holding a beverage, not just those made of plastic. The definition of 'manufacturer' was broadened to include importers and first domestic distributors, ensuring a wider range of companies are held accountable.
DEFINITION

The definition of 'plastic beverage container' was changed to focus on the presence of a beverage within the container rather than the container material itself, ensuring caps on non-plastic bottles are also regulated.

The list of covered beverages was updated to explicitly include 'sports drinks' alongside existing categories like water and soda.

ELIGIBILITY

The definition of 'manufacturer' was expanded to include importers and first domestic distributors, not just those who produce the beverage.

REQUIREMENT

The requirement for tethered caps was modified to allow for an opening in the cap that permits drinking without removing the cap.

New regulations were added to give the department authority to define specific parameters for what constitutes a plastic bottle cap.

ENFORCEMENT

The civil penalty for violations was updated to apply for every day the violation continues, increasing the potential financial liability for non-compliance.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
5
Key actions
2
Committee
3
Amendments
2
May 20, 2026
Committee
REPORTED REFERRED TO CODES
lower
May 14, 2026
Lower · Passed
PRINT NUMBER 9354A
lower
May 14, 2026
Lower · Passed
AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
lower
Jan 7, 2026
Committee
REFERRED TO ENVIRONMENTAL CONSERVATION
lower
Dec 19, 2025
Committee
REFERRED TO ENVIRONMENTAL CONSERVATION
lower
1 primary · 4 co-sponsors

Sponsors