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New York State Legislation
Updates
Implementation of New York Drug Take Back Act: This law requires pharmaceutical manufacturers to fund a statewide drug take-back program that provides drug disposal
options for the public. The law took effect in January of 2019. It will require chain pharmacies and independent pharmacies that have 10 or more locations to accept
unused and unwanted drugs. Implementation has been delayed due to the State Health Department’s failure to publish final regulations and the failure of pharmaceutical
companies to submit program plans.
Implementation of Paint Stewardship Law: Under this law a system will be set up where various paint retailers, that opt into the program will accept
architectural paint, and stains (which includes both latex and oil based) at their locations on an ongoing basis. Municipal household hazardous waste collections
will be able to accept both types of paint as long as the hazardous waste contractor contracts with the State’s non-profit vendor Paint Care, for the disposal of
the paint collected. Disposal of oil based paint will no longer be reimbursable under the NYS Household Hazardous Waste Assistance Program. The program was supposed
to be up and running by early 2021 but has been delayed until at least early 2022.
Expanded Polystyrene and Polystyrene Loose Fill Packaging Ban: This ban takes effect on January 1, 2022 and bans single-use foam food containers and
polystyrene packaging materials (packing peanuts).
Revision of New York State Electronic Equipment Recycling and Reuse Act of 2010: Under the proposed revisions the “mail-back” provision of the current
law would be eliminated and would clarify that free-year-round drop-off access must be provided even after performance targets for the program have been met.
It would also provide that at least 90% of New York residents have a collection site within 15 miles of their homes.
Plastic Bag Ban Upheld: In August of 2020 after a challenge by a coalition of grocers and plastic bag manufacturers the New York State Supreme Court
sided with NY DEC in allowing enforcement of the law while stating that the department went beyond its authority when setting a minimum thickness of bags.
2021 Proposed Legislation
S 1185 Extended Producer Responsibility for Packaging and Paper Products: Would require that owners cover the cost of recycling their materials at the end of life.
It would encourage producers to reduce the amount of packaging and paper they use. It would also provide financial support to local municipal recycling programs.
A 4105/S 2610 Product Stewardship for Alkaline Batteries: Would require manufacturers to take responsibility for the collection and proper management of
single use alkaline batteries, build on the existing rechargeable battery take-back program and provide a comprehensive program for these batteries.
A 7535 Fair Repair: Would allow broader access to diagnostic and repair information and opportunities in order to support the repair market and promote
reduction and reuse, thus slowing the growth of potential waste streams and extend the use of products.
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