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This entry was published on 2020-12-04
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SECTION 37-0209
Violations
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 2
* § 37-0209. Violations.

1. A violation of any of the provisions of this title or any rule or
regulation promulgated pursuant thereto shall be punishable in the case
of a first violation, by a civil penalty not to exceed ten thousand
dollars. In the case of a second and any further violation, the
liability shall be for a civil penalty not to exceed twenty-five
thousand dollars for each violation.

2. No manufacturer or distributor of a product shall be held in
violation of this title who can show that, in the purchase of a package
or packaging component, he or she relied in good faith on the written
assurance of the manufacturer of such packaging or packaging component
that such packaging or packaging component met the requirements of this
title. Such written assurance shall take the form of a certificate of
compliance stating that a package or packaging component is in
compliance with the requirements of this title, provided however, where
compliance is achieved under an exemption provided in subdivision two or
three of section 37-0207 of this title, the certificate shall state the
specific basis upon which the exemption is claimed. The certificate of
compliance shall be signed by an authorized official of the
manufacturing or distributing company.

* NB Effective until December 31, 2022
* § 37-0209. Prohibition on the use of perfluoroalkyl and

polyfluoroalkyl substances in food packaging.

1. No person shall distribute, sell or offer for sale in this state
food packaging containing perfluoroalkyl and polyfluoroalkyl (PFAS)
substances as intentionally added chemicals.

2. For purposes of this section, "intentionally added chemical" shall
have the same meaning as subdivision eleven of section 37-0901 of this
article.

* NB Effective December 31, 2022