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6 CRR-NY 368.4NY-CRR

STATE 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 368.4

368.4 Standards for emblems.

(a) Recycled emblem.

Authorization to use the recycled emblem will not be granted unless:

(1) the package or product is recycled as defined in this Part; and

(2) the package or product meets or exceeds the standards in Table 1 of this section, pertaining to the minimum percentage by weight of post-consumer material content shown.

TABLE 1¹


	Material	Standard for Minimum Percentage by Weight of Post-Consumer Material Content
1.	Paper and Paper Products
(i)	Newsprint	40 percent
(ii)	Printing and writing papers
	Uncoated²	20 percent³
	Coated	10 percent
(iii)	Tissue products
	Paper towels	40 percent
	Paper napkins	30 percent
	Other	20 percent
(iv)	Kraft bags
	Grocery bags	15 percent
	Other	10 percent
(v)	Paperboard
	Corrugated⁴	30 percent
	SBS, etc.⁵	25 percent
	Wet Strength Carrier⁶	15 percent⁷
	Other	35 percent
2.	Building Insulation
(i)	Fiberglass	20 percent
(ii)	Perlite/Polystyrene	20 percent
(iii)	Cellulose	50 percent
3.	Steel
(i)	Packaging and Sheet⁸	15 percent
(ii)	Products	50 percent
4.	Aluminum
(i)	Packaging	45 percent
(ii)	Products	50 percent
5.	Plastics
(i)	Film or Flexible Packaging	15 percent
(ii)	Rigid Packaging	25 percent
(iii)	Products	30 percent
6.	Glass
(i)	Packaging	40 percent
(ii)	Products	40 percent
7.	Multi-Material
(i)	Packaging⁹	(9)
(ii)	Products	50 percent
8.	Other Products or
	Packaging¹⁰	50 percent

All percentages in Table 1 are based on total weight except for paper products which are based on fiber weight.

This also includes solid bleached bristols such as specialty paperboard, pressboard, office items and stationery items.

This value increases to 30 percent beginning on December 31, 1998.

Completed product of liner board and corrugating medium.

Solid bleached sulfate unbleached sulfate (coated and uncoated), milk carton, and food service.

Wet strength carrier = MD + CD Wet Tear (1 hour soak) > 11.5 grams force per pound fiber (#/1,000 sq. ft. basis) - per TAPPI T414 om-⁸⁸ "Internal Tearing Resistance of Paper."

This value increases to 20 percent beginning on January 1, 2000.

Includes appliance and automotive steel sheet.

Each material component of the package must meet the recycled content standard for that material in Table 1.

Includes rubber, oil, solvents, other metals, etc.

(b) Recyclable emblem.

(1) Authorization to use the recyclable emblem will not be granted unless the package or product is recyclable as defined in this Part and the package or product to which the emblem pertains can be used in its entirety, excluding labels, stickers, adhesives and closures, as a feedstock at the beginning of a manufacturing process. Where use of the emblem is justified solely upon the existence of a source separation program in the community within which the product or package is sold, authorization to use the recyclable emblem will be limited to the use of the emblem on shelves or displays containing the products or packages.

(2) For the purposes of this Part, the department has determined that it may authorize the use of the recyclable emblem on the following materials provided that requests for such authorization are filed with the department pursuant to the requirements for section 368.5(d) of this Part:

(i) flint glass - (clear container glass);

(ii) newsprint;

(iii) corrugated containers;

(iv) rigid PET plastic containers - blow molded;

(v) rigid HDPE plastic containers - blow molded;

(vi) steel food and beverage containers;

(vii) aluminum food and beverage containers;

(viii) aluminum foil;

(ix) lead-acid batteries;

(x) returnable beverage containers (as defined in Part 367 of this Title);

(xi) used engine lubricating oils; and

(xii) 55-gallon steel drums.

Authorization to use the reusable emblem will not be granted unless the package or product is:

(1) reusable as defined in this Part and, subsequent to cleaning if appropriate, is intended to be reused or refilled a minimum of five times in a program developed and implemented by a manufacturer, distributor, retailer or business consortium;

(2) a coffee mug, excluding those made of paper or polystyrene foam/bead;

(3) a canvas carrying bag; or

(4) cloth diapers.

(d) A person that accepts the return of a package or product to the place of purchase for purposes of recycling, whether or not authorized to use an emblem or the terms “recycled”, “recyclable”, or “reusable” may provide written text on or with the package or product instructing the purchaser to return the package or product to the place of purchase for purposes of recycling.

(e) The department will reevaluate this Part at least every two years to determine if the standards should be amended to more accurately reflect the current recycling technology and recycling needs of the State. A primary goal of such reevaluation will be the increase of minimum post-consumer material content standards.

Footnotes