The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7668
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to false
   claims about recyclability and plastic container labelling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  Legislature finds and declares that it is the public
 policy of the state that environmental marketing claims, whether explic-
 it or  implied,  should  be  substantiated  by  competent  and  reliable
 evidence to prevent deceiving or misleading consumers about the environ-
 mental  impact  of  plastic products. For consumers to have accurate and
 useful information about the environmental impact of  plastic  products,
 environmental  marketing  claims should adhere to uniform and recognized
 standards.
   The Legislature further finds and declares that it is the public poli-
 cy of the state that claims related to the recyclability  of  a  plastic
 product be truthful in practice and accurate. Consumers deserve accurate
 and useful information related to how to properly handle the end of life
 of a plastic product.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 27-0511 to read as follows:
 § 27-0511. RECYCLING TRUTH IN LABELING.
   1. IT IS DECEPTIVE TO MISREPRESENT, DIRECTLY OR BY IMPLICATION, THAT A
 PRODUCT OR PACKAGE IS RECYCLABLE UNLESS IT CAN BE COLLECTED,  SEPARATED,
 OR  OTHERWISE  RECOVERED  FROM  THE  WASTE STREAM THROUGH AN ESTABLISHED
 MECHANICAL OR MANUAL RECYCLING PROGRAM FOR REUSE OR USE IN MANUFACTURING
 OR ASSEMBLING ANOTHER ITEM.
   2. NO PERSON SHALL OFFER FOR SALE, SELL OR DISTRIBUTE ANY  PRODUCT  OR
 PACKAGING  FOR  WHICH A DECEPTIVE OR MISLEADING CLAIM ABOUT THE RECYCLA-
 BILITY OF THE PRODUCT OR PACKAGING IS MADE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11094-02-1

 A. 7668                             2
 
   3. SUBDIVISION TWO OF THIS SECTION APPLIES TO ANY PRODUCT OR PACKAGING
 THAT IS MANUFACTURED ONE HUNDRED EIGHTY DAYS OR MORE AFTER THE DATE  THE
 LIST  OF  APPROVED  MATERIAL  TYPES  AND  FORMS IS PUBLISHED PURSUANT TO
 SUBDIVISION FOUR OF THIS SECTION.
   4.  ON  OR  BEFORE JANUARY 1, 2024, THE DEPARTMENT SHALL DEVELOP REGU-
 LATIONS TO:
   (A) INCLUDE THE TYPES AND FORMS OF PLASTIC PRODUCTS AND PACKAGING  FOR
 WHICH A CLAIM OF RECYCLABILITY, INCLUDING THROUGH THE USE OF A UNIVERSAL
 RECYCLING SYMBOL OR CHASING ARROWS SYMBOL MAY BE MADE; AND
   (B)  DEVELOP A LIST OF MATERIAL TYPES AND FORMS THAT ARE DETERMINED TO
 BE RECYCLABLE BASED ON THE CRITERIA LISTED IN SUBDIVISION FIVE AND SHALL
 PUBLISH THE LIST ON THE DEPARTMENT WEBSITE WITHIN NINETY DAYS OF APPROV-
 ING THE REGULATIONS.
   5. FOR PURPOSES OF DETERMINING WHICH  MATERIAL  TYPES  AND  FORMS  ARE
 RECYCLABLE,  THE  DEPARTMENT  SHALL  CONSIDER,  AT A MINIMUM, ALL OF THE
 FOLLOWING CRITERIA:
   (A)  WHETHER THE MATERIAL TYPE AND FORM IS REGULARLY COLLECTED,  SEPA-
 RATED, FOR MECHANICAL OR MANUAL RECYCLING BY RECYCLERS;
   (B)  WHETHER THE MATERIAL TYPE AND FORM IS REGULARLY SORTED AND AGGRE-
 GATED INTO DEFINED STREAMS FOR RECYCLING PROCESSES;
   (C) WHETHER THE MATERIAL TYPE AND  FORM  IS  REGULARLY  PROCESSED  AND
 RECLAIMED OR RECYCLED WITH COMMERCIAL RECYCLING PROCESSES;
   (D)  WHETHER  THE  MATERIAL  TYPE AND FORM REGULARLY BECOMES FEEDSTOCK
 THAT IS USED IN THE PRODUCTION OF NEW PRODUCTS; AND
   (E) WHETHER THE MATERIAL TYPE AND FORM IS RECYCLED IN SUFFICIENT QUAN-
 TITY, AND IS OF SUFFICIENT QUALITY, TO MAINTAIN A MARKET VALUE.
   6. THE DEPARTMENT SHALL REGULARLY, BUT NO LESS THAN ONCE  EVERY  THREE
 YEARS,  EVALUATE THE LIST DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION FOUR
 OF THIS SECTION AND MAY AMEND THE LIST TO REMOVE OR ADD A MATERIAL  TYPE
 AND FORM BASED ON WHETHER THE MATERIAL MEETS THE CRITERIA OF SUBDIVISION
 FIVE  OF  THIS  SECTION  AT THE TIME OF EVALUATION. THE DEPARTMENT SHALL
 POST ANY UPDATES TO THE LIST ON THE DEPARTMENT'S WEBSITE.
   7. IF A MATERIAL TYPE OR FORM NO LONGER MEETS THE CRITERIA IN SUBDIVI-
 SION FIVE OF THIS SECTION AND IS REMOVED  FROM  THE  PUBLISHED  LIST,  A
 PERSON SHALL NOT OFFER FOR SALE, SELL OR DISTRIBUTE ANY PRODUCT OR PACK-
 AGING  MANUFACTURED  ONE  HUNDRED EIGHTY DAYS AFTER THE DATE THE UPDATED
 LIST IS PUBLISHED IF THE PRODUCT OR PACKAGING DISPLAYS A CHASING  ARROWS
 SYMBOL  OR ANY OTHER SYMBOL OR STATEMENT INDICATING THE PRODUCT OR PACK-
 AGING IS RECYCLABLE, OR DIRECTING THE CONSUMER TO RECYCLE THE PRODUCT OR
 PACKAGING.
   8. (A) A PRODUCER, OR GROUP OF PRODUCERS, THAT SEEKS TO HAVE A MATERI-
 AL TYPE AND FORM THAT DOES NOT MEET THE CRITERIA IN SUBDIVISION FIVE  OF
 THIS  SECTION INCLUDED ON THE LIST SHALL SUBMIT A PLAN TO THE DEPARTMENT
 DETAILING HOW AND BY WHAT DATE THE PRODUCT TYPE AND FORM WILL  MEET  THE
 CRITERIA.
   (B) THE DEPARTMENT SHALL REVIEW THE PLAN AND DETERMINE IF THE MATERIAL
 TYPE  AND  FORM  WILL  MEET THE CRITERIA IN SUBDIVISION FIVE BY THE DATE
 PRESCRIBED IN THE PLAN IF THE PLAN IS  IMPLEMENTED.  IF  THE  DEPARTMENT
 DETERMINES  IT  WILL, THE DEPARTMENT SHALL INCLUDE THE MATERIAL TYPE AND
 FORM ON THE LIST.
   (C) THE DEPARTMENT MAY OFFER  REVISIONS  TO  THE  PLAN  IF  NECESSARY,
 INCLUDING REQUIRING THAT THE MATERIAL TYPE AND FORM MEET THE CRITERIA IN
 A MORE TIMELY MANNER.
   (D)  THE  DEPARTMENT  MAY REQUIRE THE PRODUCER, OR GROUP OF PRODUCERS,
 WHO SUBMITTED THE  PLAN  TO  PROVIDE  AN  ANNUAL  REPORT  DETAILING  THE
 PROGRESS MADE TOWARD IMPLEMENTING THE PLAN. IF THE DEPARTMENT DETERMINES

 A. 7668                             3
 
 THE  PRODUCER,  OR  GROUP  OF PRODUCERS, IS NOT IMPLEMENTING THE PLAN OR
 THAT PROGRESS IS NOT SUFFICIENT TO ENSURE THE PRODUCT TYPE AND FORM  CAN
 MEET  THE  CRITERIA BY THE DATE INCLUDED IN THE PLAN, THE DEPARTMENT MAY
 DO EITHER OF THE FOLLOWING:
   (I) REMOVE THE MATERIAL TYPE AND FORM FROM THE LIST WITHIN ONE HUNDRED
 EIGHTY DAYS; OR
   (II) ALLOW THE PRODUCER, OR GROUP OF PRODUCERS, TO UPDATE AND RESUBMIT
 THE PLAN.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 27-0513 to read as follows:
 § 27-0513. PLASTIC CONTAINER LABELLING.
   1. ALL RIGID PLASTIC BOTTLES AND RIGID PLASTIC CONTAINERS SOLD IN  NEW
 YORK  SHALL  BE  LABELED  WITH  A  CODE THAT INDICATES THE RESIN USED TO
 PRODUCE THE RIGID PLASTIC BOTTLE OR RIGID PLASTIC CONTAINER. RIGID PLAS-
 TIC BOTTLES OR RIGID PLASTIC CONTAINERS WITH LABELS AND  BASECUPS  OF  A
 DIFFERENT  MATERIAL  SHALL  BE  CODED  BY THEIR BASIC MATERIAL. THE CODE
 SHALL BE VISIBLE ON THE LABEL AND CONSIST OF A NUMBER  PLACED  INSIDE  A
 CHASING ARROWS SYMBOL.  THE NUMBERS USED SHALL BE AS FOLLOWS:
   1 = PETE (POLYETHYLENE TEREPHTHALATE)
   2 = HDPE (HIGH DENSITY POLYETHYLENE)
   3 = V (VINYL)
   4 = LDPE (LOW DENSITY POLYETHYLENE)
   5 = PP (POLYPROPYLENE)
   6 = PS (POLYSTYRENE)
   7 = OTHER (INCLUDES MULTILAYER)
    2. A "7" SHALL APPEAR BELOW THE RESIN ABBREVIATION WHEN THE BOTTLE OR
 CONTAINER IS COMPOSED OF MORE THAN ONE LAYER OF THAT RESIN.
    3.    THE  DEPARTMENT  SHALL MAINTAIN A LIST OF ABBREVIATIONS USED ON
 LABELS PURSUANT TO SUBDIVISION ONE AND SHALL POST  SUCH  INFORMATION  ON
 THE DEPARTMENT'S WEBSITE.
    4.    THE  RESIN IDENTIFICATION CODE REQUIRED PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION SHALL NOT BE PLACED INSIDE A CHASING  ARROWS  SYMBOL
 UNLESS  THE  PRODUCT  IS  RECYCLABLE  IN  THE  STATE PURSUANT TO SECTION
 27-0511 OF THIS TITLE.
   § 4. This act shall take effect immediately.