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This entry was published on 2014-09-22
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SECTION 27-2115
Interstate clearinghouse
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 21
§ 27-2115. Interstate clearinghouse.

1. (a) The department is authorized to participate in the regional,
multi-state clearinghouse to assist in carrying out the requirements of
this title. The department is authorized to collect the following
information from product manufacturers or trade associations
representing manufacturers of a product or component to which mercury is
intentionally added during formulation or manufacture, or a product
containing one or more components to which mercury is intentionally
added during formulation or manufacture:

(i) a brief description of the product or product component;

(ii) the purpose for which mercury is used in the product or product
component;

(iii) the amount of mercury in each unit of the product or component;

(iv) the total amount of mercury contained in all units of the product
or product components; and

(v) the name and address of the manufacturer, and the name, address
and phone number of a contact person for the manufacturer.

(b) Every mercury-added consumer product or product component for
which federal law governs notice in a manner that preempts state
authority shall be exempt from the requirements of this subdivision.

(c) With the approval of the department, a manufacturer may supply the
information required by paragraph (a) of this subdivision for a product
category rather than an individual product. The manufacturer shall
update and revise the information in the notification whenever there is
a significant change in the information or when requested by the
department.

(d) A product or product component shall not be offered for final
sale, use or distributed for promotional purposes unless the
manufacturer of the product or product component or a trade association
representing manufacturers of the product or component has provided the
information required in paragraph (a) of this subdivision.

2. The clearinghouse is authorized to maintain information on behalf
of New York state, including, but not limited to: (a) a list of all
products containing mercury, including mercury-added consumer products;
and (b) a file on all exemptions granted by the states.