Legislation Introduced by Assemblyman William Colton (D—Gravesend, Bensonhurst, Bath Beach and Dyker Heights) would require manufacturers to package products in environmentally sound ways.

The bill (A1924) aims to reduce the waste generated across the state, in compliance with New York’s Solid Waste Management Act of 1988, by mandating corporations to do their part by using the least environmentally damaging packaging, with certain exemptions, beginning on January 1, 2028. Specifically, the legislation would require that packaging on products sold in New York State be “reduced,” “reusable,” “recycled” or “recyclable,” based on the definitions contained within existing Department of Environmental Conservation (DEC) regulations, with 45 percent post-consumer recycled content being mandated within five years of the legislation’s enactment.

“As stewards of the Earth, it is our responsibility to make sure that we do the least damage possible to the environment,” said Assemblyman Colton. “To that end, it is only logical that New York join other states across the nation in requiring manufacturers to minimize packaging, which is currently a huge part – more than one third – of the waste stream. Properly handled, much of that can be reused, which reduces the burden on the planet, and this legislation would also ease the burden on the state’s municipalities, which currently have most of the responsibility for arranging for recyclables to be separated and distributed to companies that can reuse them.”

While the goal is to reduce packaging as much as possible, the legislation carves out exceptions allowing packaging to comply with federal food, drug and cosmetic laws and regulations, as well as for packaging used for products sold as concentrates. Also exempted are certain not-for-profit organizations and inventories of packaging produced before 2002. In addition, under the legislation, DEC can authorize exemptions for packaging when no alternative exists.

Violations would be subject to civil penalties of up to $50 per non-compliant package, or $500 for each intermediate package or shipping container that is out of compliance, with a maximum penalty of no more than $20,000 per shipment of packaging.