Senate Bill S1015

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1015

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to  labelling  the
  recycled content level of consumer packaging

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall  be  known  as  the  "recycling
right to know act".
  S  2.  Legislative  findings  and  declaration. The legislature hereby
finds and declares that waste reduction and recycling are the most envi-
ronmentally sound  solid  waste  management  programs.  The  legislature
further finds that New York consumers can play a major role in promoting
recycling  by  purchasing  products  made of recycled materials and that
consumers need basic information to make informed consumer choices.  The
legislature further finds that by requiring packaging to carry a product
label  identifying the recycled content level of such packaging, consum-
ers will be able to make such informed  choices.  The  legislature  also
finds  that  as  more  products use recycled material for packaging, the
markets for recycled products will be positively affected.
  S 3. The general business law is amended by adding a new section  399-
ff to read as follows:
  S  399-FF.    RECYCLED  CONTENT LEVEL OF CONSUMER PACKAGING. 1.  DEFI-
NITIONS. FOR PURPOSES OF THIS SECTION:
  (A) "LABEL" SHALL MEAN ANY WRITTEN, PRINTED OR GRAPHIC MATTER AFFIXED,
IMPRINTED AND/OR IMPRESSED TO ANY PACKAGE CONTAINING A CONSUMER  COMMOD-
ITY.
  (B)  "CONSUMER  COMMODITY" OR "COMMODITY" SHALL MEAN THE FOLLOWING, IF
SOLD IN A PACKAGE:
  (I) FOOD OR  BEVERAGES,  WHETHER  SOLID,  LIQUID  OR  MIXED,  AND  ALL
SUBSTANCES  OR  INGREDIENTS  ADDED  THERETO  FOR  ANY  PURPOSE,  USED OR
INTENDED FOR CONSUMPTION BY HUMAN BEINGS OR ANIMALS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06294-01-9
              

S. 1015                             2

  (II) GOODS, CUSTOMARILY SOLD AT RETAIL, THAT ARE USED BY CONSUMERS  IN
THE  PERFORMANCE OF SERVICES ORDINARILY RENDERED WITHIN THE HOUSEHOLD OR
BUSINESS, AND THAT ARE USUALLY CONSUMED OR EXPENDED  IN  THE  COURSE  OF
SUCH USE.
  (C)  "PACKAGE"  SHALL MEAN A CONTAINER IN WHICH ANY CONSUMER COMMODITY
IS ENCLOSED FOR SALE AT RETAIL, AND WHICH  CONTAINS  A  SINGLE  ITEM,  A
QUANTITY  OF  THE  SAME  ITEM,  A  SET OR AN ITEM WITH ALL ITS COMPONENT
PARTS.
  (D) "PRODUCT" SHALL MEAN THAT PORTION OF A CONSUMER COMMODITY  OFFERED
FOR SALE AT RETAIL OR WHOLESALE THAT IS NOT A PACKAGE.
  (E)  "MATERIAL"  SHALL MEAN ANY SUBSTANCE OR COMBINATION OF SUBSTANCES
FROM WHICH PACKAGING IS MADE,  INCLUDING,  BUT  NOT  LIMITED  TO  PAPER,
GLASS, PLASTIC AND METAL.
  (F)  "MULTI-MATERIAL PACKAGING" SHALL MEAN PACKAGING MADE OF MORE THAN
ONE MATERIAL.
  (G) "POST-CONSUMER MATERIAL" MEANS ONLY THOSE  PRODUCTS,  PACKAGES  OR
MATERIALS  GENERATED  BY  A BUSINESS OR CONSUMER WHICH HAVE SERVED THEIR
INTENDED END USE AS CONSUMER ITEMS, AND WHICH  HAVE  BEEN  SEPARATED  OR
DIVERTED FROM THE WASTE STREAM FOR THE PURPOSES OF COLLECTION, AND RECY-
CLING  AS  A  SECONDARY  MATERIAL FEEDSTOCK, BUT SHALL NOT INCLUDE WASTE
MATERIAL GENERATED AFTER THE COMPLETION OF A MANUFACTURING OR CONVERTING
PROCESS.
  2. NO MERCHANT, MANUFACTURER, FIRM, CORPORATION, ASSOCIATION OR  AGENT
OR  EMPLOYEE  THEREOF  SHALL  SELL ANY CONSUMER COMMODITY WHICH FAILS TO
DISCLOSE ON THE LABEL OF ITS PACKAGE THE POST-CONSUMER RECYCLED  CONTENT
OF  THE  PACKAGE.  THE  LABEL  SHALL CONTAIN A CIRCLE WITH THREE CHASING
ARROWS ON THE CIRCUMFERENCE OF THE CIRCLE ALL FACING THE SAME DIRECTION,
WITH THE PERCENTAGE OF THE POST-CONSUMER RECYCLED CONTENT OF THE PACKAGE
LOCATED WITHIN SUCH CIRCLES. THE LABEL MUST APPEAR ON THE  FACE  OF  THE
PACKAGE, MUST BE EASILY VISIBLE AND BE OF SIGNIFICANT SIZE. MULTI-MATER-
IAL PACKAGING MUST INCLUDE THE AVERAGE POST-CONSUMER RECYCLED CONTENT OF
EACH OF THE MATERIALS THAT MAKE UP THE TOTAL PACKAGE.
  3.  WHENEVER  THERE  SHALL BE A VIOLATION OF THIS SECTION, APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE, THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED  THIS  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
THAN  FIVE  THOUSAND  DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH ANY
SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS  AUTHORIZED  TO  TAKE
PROOF  AND  MAKE  A  DETERMINATION  OF  THE  RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.