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This entry was published on 2020-12-04
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SECTION 37-0211
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 2
* § 37-0211. Reports.

The department shall include a report on the effectiveness of this
title as part of its annual solid waste management plan as required by
section 27-0103 of this chapter. The report shall contain a review of
other toxic substances contained in packaging and recommend additions to
the list of hazardous ingredients set forth in this title in order to
further reduce the toxicity of packaging waste, and shall contain a
recommendation whether to continue the recycling exemption as it is
provided for in subdivision three of section 37-0207 of this title, and
a description of the nature of the substitutes used in lieu of the lead,
mercury, cadmium, or hexavalent chromium. The department may include
recommendations of the source reduction council of the conference of
North-Eastern governors in the report. Recommendations made by the
department to eliminate toxic substances contained in packaging shall
include a determination of whether the ingredient presents or will
present an unreasonable risk to health or the environment, based upon a
recognized risk assessment protocol and taking into account the
magnitude and severity of the harm against the benefits of the substance
or mixture to society as well as the availability of substitutes for the
substance or mixture and other adverse effects which such proposed
action to eliminate such ingredient may have on society.

* NB Effective until December 31, 2022
* § 37-0211. 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 December 31, 2022