6 CRR-NY 368.1NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 368. RECYCLING EMBLEMS
6 CRR-NY 368.1
6 CRR-NY 368.1
368.1 Purpose, applicability, and transition.
(a) Purpose.
The purpose of this Part is to establish official recycling emblems for voluntary use and establish standards to be applied for the use of such emblems. The use of the terms "recycled", "recyclable", and "reusable" independent of the emblem must be in conformance with the Federal Trade Commission's "Guides for the Use of Environmental Marketing Claims" published in 16 CFR part 260 (1992) or they are in violation of this regulation. This Part also establishes procedures for petitioning the department for authorization to use an official emblem. Since requests under this Part are not for permits to construct or to operate a solid waste management facility, review of requests for authorization to use an emblem are not subject to Part 621 of this Title. However, the procedures relating to revocation of permits as provided under Part 621 of this Title will apply to revocation of authorizations as provided under this Part.
(b) Applicability.
(1) This Part applies to:
(i) any person who wishes to use an emblem as defined in section 368.2 of this Part on a package or product, or in the promotion or advertisement of a package or product, which is sold or offered for sale in this State; or
(ii) any person who uses the terms “recycled”, “recyclable”, or “reusable” independent of the emblem directly on or in the promotion or advertisement of a package or product which is sold or offered for sale in this State and which does not conform with the Federal Trade Commission's "Guides for the Use of Environmental Marketing Claims," published in 16 CFR part 260 (1992).
(2) This Part does not apply to:
(i) compost, processed sludge or other materials to be used as soil amendments or fertilizers; and
(ii) the use of the word "reusable" for durable household utensils unless such utensil, when offered for sale or sold, is being used as a package or container for another product.
(c) Transition.
(1) Authorization by the department to use an official State recycled, recyclable or reusable emblem which was granted before the effective date of this amended regulation shall continue under the terms of and for the period specified in such authorization. At the expiration of such period the requirements of this amended Part shall apply.
(2) Applications for authorization to use an official State recycled, recyclable or reusable emblem which are pending before the department on the effective date of this amended Part shall comply with the requirements of this amended Part.
6 CRR-NY 368.1
Current through March 31, 2021
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