Provides that it is deceptive to misrepresent that a product or package is recyclable unless it can be collected, separated or otherwise recovered from the waste stream through an established recycling program for reuse or use in manufacturing or assembling another item; requires the department of environmental conservation to develop regulations on types and forms of plastic products and packaging for which a claim of recyclability may be made; requires all rigid plastic containers sold in this state be labeled with a code that indicates the resin used to produce such container; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6671
SPONSOR: Glick TITLE OF BILL:
An act to amend the environmental conservation law, in relation to false
claims about recyclability and plastic container labelling
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that plastic packaging is labeled
correctly.
SUMMARY OF PROVISIONS:
Section 1 states the legislative findings and declaration.
Section 2 amends the environmental conservation law to prevent the sale
or distribution of products or packaging with deceptive or misleading
claims about its recyclability. In particular, the use of the chasing
arrows symbol is considered deceptive and misleading if used on non-re-
cyclable products or packaging.
Section 3 provides the effective date.
JUSTIFICATION:
Many U.S. consumer companies and retailers sell plastic products that
cannot be readily recycled but still label those products as recyclable.
As a result, consumers who make purchases with sustainability in mind
attempt to recycle these products only to have them end up in a land-
fill. This legislation would help ensure that products labeled as
recyclable, in fact, meet those criteria.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.7234 (Glick) - Referred to environmental conservation
2021-22: A.7668 (Englebright) - Reported referred to ways and means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect one year after it has become law.
STATE OF NEW YORK
________________________________________________________________________
6671
2025-2026 Regular Sessions
IN ASSEMBLY
March 7, 2025
___________
Introduced by M. of A. GLICK, SHIMSKY -- 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:
1 Section 1. The Legislature finds and declares that it is the public
2 policy of the state that environmental marketing claims, whether explic-
3 it or implied, should be substantiated by competent and reliable
4 evidence to prevent deceiving or misleading consumers about the environ-
5 mental impact of plastic products. For consumers to have accurate and
6 useful information about the environmental impact of plastic products,
7 environmental marketing claims should adhere to uniform and recognized
8 standards.
9 The Legislature further finds and declares that it is the public poli-
10 cy of the state that claims related to the recyclability of a plastic
11 product be truthful in practice and accurate. Consumers deserve accurate
12 and useful information related to how to properly handle the end of life
13 of a plastic product.
14 § 2. The environmental conservation law is amended by adding two new
15 sections 27-0111 and 27-0113 to read as follows:
16 § 27-0111. Recycling truth in labeling.
17 1. It is deceptive to misrepresent, directly or by implication, that a
18 product or package is recyclable unless it can be collected, separated,
19 or otherwise recovered from the waste stream through an established
20 mechanical or manual recycling program for reuse or use in manufacturing
21 or assembling another item. For such purposes, the use of a chasing
22 arrows symbol is deceptive and a misrepresentation if the product does
23 not satisfy the requirements of the regulations and list contemplated by
24 subdivision four of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01667-01-5
A. 6671 2
1 2. No person shall offer for sale, sell or distribute any product or
2 packaging for which a deceptive or misleading claim about the recycla-
3 bility of the product or packaging is made. For such purposes, the use
4 of a chasing arrows symbol is deceptive and misleading if the product
5 does not satisfy the requirements of the regulations and list contem-
6 plated by subdivision four of this section.
7 3. Subdivisions one and two of this section apply to any product or
8 packaging that is manufactured one hundred eighty days or more after the
9 date the list of approved material types and forms is published pursuant
10 to subdivision four of this section.
11 4. On or before January 1, 2027, the department shall promulgate regu-
12 lations to:
13 (a) include the types and forms of plastic products and packaging for
14 which a claim of recyclability, including through the use of a universal
15 recycling symbol or chasing arrows symbol, may be made; and
16 (b) develop a list of material types and forms that are determined to
17 be recyclable based on the criteria listed in subdivision five and shall
18 publish the list on the department website within ninety days of approv-
19 ing the regulations.
20 5. For purposes of determining which material types and forms are
21 recyclable:
22 (a) The department shall consider, at a minimum, all of the following
23 criteria:
24 (i) whether the material type and form is regularly collected and
25 separated for mechanical or manual recycling by recyclers;
26 (ii) whether the material type and form is regularly sorted and aggre-
27 gated into defined material streams for mechanical or manual recycling
28 processes;
29 (iii) whether the material type and form is regularly processed and
30 reclaimed or recycled with commercial mechanical or manual recycling
31 processes;
32 (iv) whether the material type and form regularly becomes feedstock in
33 accordance with the other criteria of this subdivision that is used in
34 the production of new products; and
35 (v) whether the material type and form is mechanically or manually
36 recycled in sufficient quantity, and is of sufficient quality, to main-
37 tain a market value; and
38 (b) A product or packaging shall not be considered recyclable in the
39 state if:
40 (i) for plastic packaging, the plastic packaging includes any compo-
41 nents, inks, adhesives, or labels that prevent the recyclability of the
42 packaging according to the APR Design Guide published by the Associ-
43 ation of Plastic Recyclers;
44 (ii) the product or packaging does not conform to the requirements of
45 title two of article thirty-seven of this chapter; or
46 (iii) the product contains PFAS (A) as an intentionally added chemical
47 or (B) after January first, two thousand twenty-nine, at or above a
48 level that the department shall establish in regulation that is the
49 lowest level that can feasibly be achieved; provided, however, that the
50 department shall review such level at least every five years to deter-
51 mine whether it should be lowered.
52 6. The department shall regularly, but no less than once every three
53 years, evaluate the list described in paragraph (b) of subdivision four
54 of this section and may amend the list to remove or add a material type
55 and form based on whether the material meets the criteria of subdivision
A. 6671 3
1 five of this section at the time of evaluation. The department shall
2 post any updates to the list on the department's website.
3 7. If a product or packaging has multiple material types, a chasing
4 arrows symbol or statement indicating recyclability may be displayed on
5 the product or packaging components that are considered to be recyclable
6 in accordance with the regulations and list required by subdivision four
7 of this section if the chasing arrows symbol or statement makes clear
8 in the same or greater font, font size, or symbol size which other
9 components of the product or packaging are not recyclable.
10 8. If a material type or form no longer meets the criteria in subdivi-
11 sion five of this section and is removed from the published list, a
12 person shall not offer for sale, sell or distribute any product or pack-
13 aging manufactured one hundred eighty days after the date the updated
14 list is published if the product or packaging displays a chasing arrows
15 symbol or any other symbol or statement indicating the product or pack-
16 aging is recyclable, or directing the consumer to recycle the product or
17 packaging.
18 9. Displaying a chasing arrows symbol or any other statement indicat-
19 ing recyclability on packaging containing a consumable product shall,
20 for purposes of this section, be deemed to refer only to the packaging.
21 10. For purposes of this section, none of the following constitutes a
22 deceptive or misleading claim about the recyclability of the product or
23 packaging pursuant to this section:
24 (a) using a chasing arrows symbol in combination with a clearly visi-
25 ble line placed at a 45-degree angle over the chasing arrows symbol to
26 convey that an item is not recyclable;
27 (b) a consumer good that is required by any federal or state law or
28 regulation to display a chasing arrows symbol, including, but not limit-
29 ed to, Section 103(b)(1) of the federal Mercury-Containing and Recharge-
30 able Battery Management Act (42 U.S.C. Sec. 14322(b)(1)); or
31 (c) directing a consumer to compost or properly dispose of a consumer
32 good through an organics recycling program.
33 11. (a) A producer, or group of producers, that seeks to have a mate-
34 rial type and form that does not meet the criteria in subdivision five
35 of this section included on the list shall submit a plan to the depart-
36 ment detailing how and by what date the product type and form will meet
37 the criteria.
38 (b) The department shall review the plan and determine if the material
39 type and form will meet the criteria in subdivision five by the date
40 prescribed in the plan if the plan is implemented. If the department
41 determines the plan will contain such criteria by such date, the depart-
42 ment may include the material type and form on the list at such time as
43 the department has determined that sufficient progress has been made by
44 the producer in implementing the plan that such inclusion is warranted.
45 (c) The department may offer revisions to the plan if necessary,
46 including requiring that the material type and form meet the criteria in
47 a more timely manner.
48 (d) The department may require the producer, or group of producers,
49 who submitted the plan to provide an annual report detailing the
50 progress made toward implementing the plan. If the department determines
51 the producer, or group of producers, is not implementing the plan or
52 that progress is not sufficient to ensure the product type and form can
53 meet the criteria by the date included in the plan, the department may
54 do either of the following:
55 (i) Remove the material type and form from the list; or
A. 6671 4
1 (ii) Allow the producer, or group of producers, to update and resubmit
2 the plan for consideration in accordance with this subdivision.
3 12. The department shall update its website, outreach, and educational
4 programs and materials as applicable to inform the public regarding the
5 requirements of this section and section 27-0113 of this article.
6 13. For purposes of this section:
7 (a) "Chasing arrows symbol" means an equilateral triangle, formed by
8 three arrows curved at their midpoints, depicting a clockwise path, with
9 a short gap separating the apex of each arrow from the base of the adja-
10 cent arrow. "Chasing arrows symbol" also includes variants of the chas-
11 ing arrows symbol, and other symbols that resemble the chasing arrows
12 symbol that are likely to be interpreted by a consumer as an implication
13 of recyclability, including, but not limited to, (i) any form of trian-
14 gle with a number inside of it or (ii) one or more arrows arranged in a
15 circular pattern or around a globe.
16 (b) "Consumable product" means a commodity that is intended to be used
17 and not disposed of.
18 (c) "Intentionally added chemical" means a chemical in a product that
19 serves an intended function or technical effect in the product or prod-
20 uct component, including the PFAS within intentionally added chemicals
21 and PFAS that are intentional breakdown products of an added chemical
22 that also have a functional or technical effect in the product or prod-
23 uct component.
24 (d) "PFAS" shall have the meaning given to such term in subdivision
25 seven of section 37-0101 of this chapter.
26 § 27-0113. Plastic container labeling.
27 1. All rigid plastic bottles and rigid plastic containers sold in New
28 York shall be labeled with a code that indicates the resin used to
29 produce the rigid plastic bottle or rigid plastic container. Rigid plas-
30 tic bottles or rigid plastic containers with labels and basecups of a
31 different material shall be coded by their basic material. The code
32 shall be visible on the label and consist of a number and letters placed
33 above the number. The numbers and letters used shall be as follows:
34 1 = PETE (polyethylene terephthalate)
35 2 = HDPE (high density polyethylene)
36 3 = V (vinyl)
37 4 = LDPE (low density polyethylene)
38 5 = PP (polypropylene)
39 6 = PS (polystyrene)
40 7 = OTHER (includes multilayer)
41 2. A "7" shall appear below the resin abbreviation when the bottle or
42 container is composed of more than one layer of that resin.
43 3. The department shall maintain a list of abbreviations used on
44 labels pursuant to subdivision one of this section and shall post such
45 information on the department's website.
46 4. The resin identification code required pursuant to subdivision one
47 of this section may not be placed inside a chasing arrows symbol unless
48 the product is on the list of recyclable materials pursuant to paragraph
49 (b) of subdivision four of section 27-0111 of this title.
50 § 3. This act shall take effect one year after it shall have become a
51 law.
