Section 16-450
§ 16-450 Title. This chapter shall be known as and may be cited as the
"New York City Plastic Carryout Bag and Film Plastic Recycling Law".
Section 16-451
§ 16-451 Declaration of policy. It is hereby declared to be the public
policy of the city of New York to reduce environmental pollution, to
reduce the toxicity of waste materials in the solid waste stream
directed to resource recovery and sanitary landfill facilities, and to
maximize the removal of plastic carryout bags and film plastic from the
waste stream in order to recycle them. Plastic carryout bags and film
plastic do not biodegrade, which means that such bags and film plastic
ultimately break down into smaller pieces that enter the ecosystem.
These pieces of plastic cause illness, injury and death to animal and
marine life by entangling them or contaminating their food supplies. The
production of plastic bags and film plastic worldwide uses over 12
million barrels of oil per year, which causes significant environmental
impacts.
Section 16-452
§ 16-452 Definitions. When used in this chapter: a. "Chain of stores"
means five or more stores located within the city of New York that are
engaged in the same general field of business and (1) conduct business
under the same business name or (2) operate under common ownership or
management or pursuant to a franchise agreement with the same
franchisor.
b. "Consumer" means any person who purchases a product from a store
that is placed in a plastic carryout bag at the time of sale.
c. "Film plastic" means uncontaminated non-rigid film plastic
packaging products composed of plastic resins that include, but are not
limited to, newspaper bags, dry cleaning bags and shrink-wrap.
d. "Food service establishment" means any establishment (1) where the
primary business is providing food for individual portion service
directly to the consumer, whether consumption of such food occurs on or
off the premises or such service is provided in a premises or from a
pushcart, stand or vehicle, and (2) that is subject to the permit
requirement contained in section 81.05 of the New York city health code.
e. "Manufacturer" means every person, firm or corporation that: (1)
produces plastic carryout bags that are sold or distributed within the
city of New York, or (2) imports plastic carryout bags into the United
States that are sold or distributed within the city of New York.
f. "Operator" means a person, firm or corporation that owns or is in
control of, or has responsibility for, the daily operation of a store.
g. "Plastic carryout bag" means a plastic bag provided by a store to a
consumer at the point of sale that is not a reusable bag.
h. "Reusable bag" means (1) a bag made of cloth or other machine
washable fabric that has handles, or (2) a durable plastic bag, with
handles, that is at least 2.25 mils thick and is specifically designed
and manufactured for multiple reuse.
i. "Store" means a retail or wholesale establishment, other than a
food service establishment, that sells products and provides plastic
carryout bags to consumers in which to place these products and (1) has
over five thousand square feet of retail or wholesale space or (2) is
one of a chain of stores.
Section 16-453
§ 16-453 Recycling program requirements. a. Every operator shall
establish an in-store recycling program that shall include, but need not
be limited to, the following:
1. every plastic carryout bag provided by a store shall have printed
or displayed on the outside face of the bag (i) the words "PLEASE REUSE
OR RECYCLE AT A PARTICIPATING STORE" using letters at least one-half
inch in height or (ii) a similar message encouraging the reuse or
recycling of plastic carryout bags that is no less than one inch in
height and uses letters at least one quarter inch in height; provided,
however, that such store shall be allowed, for six months from the
effective date of the local law that added this subdivision, to use its
existing stock of plastic carryout bags and may apply to the
commissioner for a waiver, based on economic hardship, to extend such
six-month period;
2. a bin for the collection of plastic carryout bags and other film
plastic shall be placed in a visible location that is easily accessible
to the consumer, and clearly marked as available for the purpose of
collecting plastic carryout bags and other film plastic for recycling;
3. all plastic carryout bags and other film plastic returned to a
store are to be collected, transported and recycled in a manner
consistent with the provisions of this chapter or any rule promulgated
pursuant to this chapter;
4. plastic carryout bags and other film plastic collected by a store
that are free of foreign material shall not be disposed of in any solid
waste or hazardous waste facility; and
5. the operator shall make available to consumers within a store at or
near the place where plastic carryout bags are dispensed, reusable bags,
which may be purchased and used in lieu of a plastic carryout bag or
paper bag.
b. Each operator or its designee shall maintain records indicating the
weight of the plastic carryout bags and film plastic that are collected
by such operator's store and transported for recycling.
c. Each operator or its designee shall submit an annual report to the
department covering the preceding calendar year, beginning with a report
covering calendar year two thousand nine, which shall include for all
stores that it operates within the city of New York the amount of
carryout plastic bags and other film plastic by weight that is collected
and transported for recycling, the costs to the operator of such
efforts, and any other information the commissioner shall require by
rule. Such annual report shall be submitted to the department no later
than February twenty-eighth following the calendar year to which the
annual report relates.
d. The commissioner shall, in consultation with operators,
manufacturers and recyclers, develop a system to monitor and determine
the weight of all plastic carryout bags and other film plastic collected
under this chapter and shall analyze the information and report to the
mayor and the council every two years beginning on December
thirty-first, two thousand ten, regarding the implementation and
enforcement of this chapter.
Section 16-454
§ 16-454 Manufacturer responsibilities. a. A manufacturer whose
plastic carryout bags are sold or distributed to a store subject to the
provisions of this chapter shall make arrangements with the operator,
upon the operator's request, for the collection, transport and recycling
of all plastic carryout bags and other film plastic collected consistent
with the provisions of this chapter. Such arrangements may include
contracts or other agreements with third parties.
b. A manufacturer that arranges with an operator for the collection,
transport and recycling of plastic carryout bags and other film plastic
shall report annually to such operator the total amount by weight of
plastic carryout bags and other film plastic that has been collected
from such operator. Such annual report shall cover the preceding
calendar year, beginning with a report covering calendar year two
thousand nine, and be submitted to such operator no later than January
thirty-first following the calendar year to which the annual report
relates.
c. A manufacturer whose plastic carryout bags are sold or distributed
to a store subject to the provisions of this chapter shall make
arrangements with the operator, upon the operator's request, to provide
such operator, educational materials that encourage the reduction, reuse
and recycling of plastic carryout bags.
Section 16-455
§ 16-455 Penalties. a. Any operator who violates subdivision a of
section 16-453 of this chapter shall be liable for a civil penalty
recoverable in a proceeding before the environmental control board in
the amount of three hundred dollars per day for each day that a
recycling program meeting the requirements of such subdivision is not in
effect. It shall be an affirmative defense to a violation of paragraph
one or five of subdivision a of section 16-453 of this chapter that the
operator used its best efforts to comply with such paragraph but was
unable to because of circumstances beyond such operator's control.
b. Any operator who violates subdivision b of section 16-453 of this
chapter shall be liable for a civil penalty recoverable in a proceeding
before the environmental control board in the amount of: (1) one hundred
dollars for the first violation; (2) seven hundred dollars for the
second violation within a twelve-month period of the first violation;
and (3) one thousand dollars for the third violation within such
twelve-month period.
c. Any operator who violates subdivision c of section 16-453 of this
chapter shall be liable for a civil penalty recoverable in a proceeding
before the environmental control board in the amount of: (1) one hundred
dollars for the first violation within twelve months of the date the
report referred to in such subdivision is due; (2) seven hundred dollars
for the second violation within such twelve-month period; and (3) one
thousand dollars for the third violation within such twelve-month
period.
d. Any manufacturer who violates subdivision a of section 16-454 of
this chapter shall be liable for a civil penalty recoverable in a
proceeding before the environmental control board in the amount of five
hundred dollars per day for each day that such violation continues.
e. Any manufacturer who violates subdivision b of section 16-454 of
this chapter shall be liable for a civil penalty recoverable in a
proceeding before the environmental control board in the amount of: (1)
one hundred dollars for the first violation within twelve months of the
date the report referred to in such subdivision is due; (2) one thousand
dollars for the second violation within such twelve-month period; and
(3) fifteen hundred dollars for the third violation within such
twelve-month period.
f. Any manufacturer who violates subdivision c of section 16-454 of
this chapter shall be liable for a civil penalty recoverable in a
proceeding before the environmental control board in the amount of: (1)
one hundred dollars for the first violation; (2) one thousand dollars
for the second violation within a twelve-month period of the first
violation; and (3) fifteen hundred dollars for the third violation
within such twelve-month period.
g. The failure of an operator or manufacturer to provide the report or
maintain the records, or of a manufacturer to provide educational
materials requested by an operator, required by sections 16-453 and
16-454 of this chapter shall constitute a continuing violation that
subjects such operator or manufacturer to up to three notices of
violation within the twelve-month periods provided in subdivisions b, c,
e and f of this section.
h. The department shall have the authority to enforce all provisions
of this chapter. The department of consumer affairs also shall have the
authority to enforce paragraphs one, two and five of subdivision a of
section 16-453 of this chapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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