N.Y. Comp. Codes R. & Regs. tit. 6, § 367.8
(b) The following requirements apply to beverage containers which are not subject to subdivision (e) of this section:
(d) No person may sell in this State:
(e) Subdivision (a) of this section does not apply to any type of refillable glass beverage container which has a brand name permanently marked on it and which had the equivalent of a refund value of at least five cents prior to the effective date of this Part. These glass beverage containers are also subject to the following additional requirements: