S T A T E O F N E W Y O R K
________________________________________________________________________
10386
I N A S S E M B L Y
May 13, 2022
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. K. Brown) --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
sale of composting bags
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 33 to read as follows:
TITLE 33
REGULATION OF COMPOSTING BAGS
SECTION 27-3301. DEFINITIONS.
27-3303. REGULATION OF THE SALE OF COMPOSTING BAGS.
27-3305. VIOLATIONS.
27-3307. REGULATIONS.
§ 27-3301. DEFINITIONS.
AS USED IN THIS TITLE:
1. "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNER-
SHIP, OR CORPORATION, WHICH MAKES PLASTIC TRASH BAGS TO BE USED IN THE
DISPOSAL OF WASTE.
2. "COMPOSTING BAG" SHALL MEAN A BAG INTENDED TO HOLD, STORE, OR
TRANSPORT COMPOST MATERIALS, INCLUDING BUT NOT LIMITED TO COMPOSTING
BAGS, YARD BAGS, AND LEAF BAGS.
3. "COMPOST MATERIALS" SHALL MEAN LEAVES, GRASS CLIPPINGS, GARDEN
DEBRIS, VEGETATIVE RESIDUE THAT IS RECOGNIZABLE AS PART OF A PLANT OR
VEGETABLE, SMALL OR CHIPPED BRANCHES, AND SIMILAR MATERIAL.
4. "RETAILER" SHALL MEAN ANY PERSON, FIRM OR CORPORATION THAT ENGAGES
IN THE SALE OF COMPOSTING BAGS.
§ 27-3303. REGULATION OF THE SALE OF COMPOSTING BAGS.
EVERY COMPOSTING BAG OFFERED FOR SALE OR SOLD BY A RETAILER IN THIS
STATE SHALL BE MADE FROM PAPER.
§ 27-3305. VIOLATIONS.
1. ANY RETAILER FOUND TO BE IN VIOLATION OF THIS TITLE SHALL RECEIVE A
WARNING NOTICE FOR THE FIRST VIOLATION. ANY RETAILER FOUND TO SUBSE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13907-02-2
A. 10386 2
QUENTLY BE IN VIOLATION OF THIS TITLE SHALL BE SUBJECT TO A PENALTY OF
FIVE HUNDRED DOLLARS PER VIOLATION.
2. ANY MANUFACTURER FOUND IN VIOLATION OF THIS TITLE SHALL BE SUBJECT
TO A PENALTY OF FIVE HUNDRED DOLLARS PER VIOLATION.
§ 27-3307. REGULATIONS.
THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
§ 2. This act shall take effect January 1, 2024.