6 CRR-NY 368.5NY-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 368.5
6 CRR-NY 368.5
368.5 Provisions for use of emblems.
(a) General authorization.
An emblem may be used for the following purposes without having first received written approval from the department for such use:
(1) promotion to increase public awareness of an emblem and to encourage consumers to purchase packages or products bearing an authorized emblem; and
(2) promotion of a package or product after the department has authorized the use of the emblem on or for that package or product.
(b) Use.
Use of an emblem as defined in this Part is voluntary.
(c) Prohibitions.
(1) no person shall sell or offer for sale in this State any package or product displaying an emblem as defined in this Part indicating that the package or product upon which it is placed or to which it refers is recycled, recyclable or reusable unless authorized under provisions of this Part;
(2) except as provided elsewhere in this Part, no person shall place an emblem as defined in this Part on a package or product without prior written authorization from the department;
(3) except as provided elsewhere in this Part, no person shall use an emblem as defined in this Part for the promotion or advertisement of a package or product as recycled, recyclable or reusable unless authorized under provisions of this Part;
(4) no person shall sell or offer for sale in this State any package or product with the terms "recycled," "recyclable" or "reusable" unless the term is used in conformance with the Federal Trade Commission's "Guides for the Use of Environmental Marketing Claims" published in 16 CFR part 260 (1992);
(5) except as provided elsewhere in this Part, no person shall use the terms "recycled," "recyclable" or "reusable" on a package or product unless the term is used in conformance with the Federal Trade Commission's "Guides for the Use of Environmental Marketing Claims" published in 16 CFR part 260 (1992); or
(6) except as provided elsewhere in this Part, no person shall use the terms "recycled," "recyclable" or "reusable" for the promotion or advertisement of a package or product unless the term is used in conformance with the Federal Trade Commission's "Guides for the Use of Environmental Marketing Claims" published in 16 CFR part 260 (1992).
(d) Specific authorization.
Except as provided elsewhere in this Part, authorization for the use of an emblem may only be granted by the commissioner.
(1) Requests for authorization to use an emblem must be made in writing and sent to:
Recycling Emblems
New York State Department of Environmental Conservation
Division of Solid Waste
Bureau of Waste Reduction and Recycling
625 Broadway
Albany, NY 12233-4015
The written request for use of an emblem, including information relating to the package or product, must be accompanied by a full sized, colored sketch (as appropriate) of the emblem and the package or product on which it is to be displayed unless the department determines that a sketch is not needed or may be submitted at a specified later date and a certification that the package or product for which the request is made meets the applicable standards for use of the emblem set forth in section 368.4 of this Part.
(2) Provide the information requested on an authorization request form prescribed by the department. Unless otherwise directed, the following information must be provided with the request for authorization:
(i) the name, title, address and telephone number of the responsible party making the certification under paragraph (3) of this subdivision;
(ii) the outlets to be used for marketing the package or product for which authorization is requested;
(iii) a statement that a commitment is made to supply corroborative data at the request of the department to confirm certification; and
(iv) a demonstration to the satisfaction of the department that an adequate feedstock of post-consumer material exists to meet the requirements of this Part.
(3) The affidavit and certification section of the authorization request form must be signed by a responsible party with the legal authority to act in a representative or fiduciary capacity for the company. An example of a responsible party is as follows:
(i) in the case of corporations, by a duly authorized principal executive officer. Unless otherwise approved by the department a duly authorized principal executive officer shall include the president, vice president, treasurer or secretary;
(ii) in the case of a partnership or limited partnership, by a general partner;
(iii) in the case of a sole proprietorship, by the proprietor; or
(iv) in the case of a joint venture, by a joint venture principal.
The required certification shall be in a format and on a form provided by the department.
(4) Within 75 days after receipt (date-stamped received by the department) of a request for authorization to use an emblem, the department will respond or determine whether or not to authorize that use and will notify the person requesting the authorized use of its determination in writing.
(i) The authorized user of the recycled emblem must label the minimum percentage of post-consumer material content and identify it as such in a legible manner acceptable to the department and proximate to the emblem.
(ii) Authorization will be granted for a maximum period of five years. A request to renew authorization, which must contain all the information identified in paragraphs (1), (2), and (3) of this subdivision, must be made at least 120 days before expiration. Failure to do so will result in automatic termination of the authorization to use the emblem effective on the date of expiration.
(5) The department will deny authorization to use an emblem if it determines that such use fails to meet the requirements of this Part for authorized uses. If authorization is denied, that person may resubmit a request without prejudice.
(e) Placement of the emblem.
(1) the emblem must be displayed in a manner that clearly indicates the package or product to which it pertains;
(2) where the emblem applies only to the content of a package, the emblem must be placed on the label describing the content and if possible on the content itself;
(3) where the emblem applies only to the package, the emblem must be placed on the package with a statement that the emblem applies to the package only; and
(4) the emblem must be exhibited no smaller than three quarters of an inch in size unless otherwise authorized by the department. Such authorization will only be granted if the emblem and lettering are clearly legible.
(f) Revocation of authorized use of an emblem.
The department will revoke a general or specific authorization if it is determined that the emblem's use fails to meet the requirements of this Part or the conditions of the authorization.
(1) If a determination is made to revoke the authorized use of an emblem, the person who was granted the authorization will be notified in writing that further use of the emblem is prohibited. The date of receipt of the department's notification, will be the effective revocation date. A person whose authorization to use an emblem has been revoked may not request reauthorization for a period of one year following the effective revocation date. The procedures relating to revocation are those as provided under Part 621 of this Title pertaining to permits.
(2) A notice of revocation will be published in the State Register to alert persons selling packages or products affected by a revocation. In addition, the department will provide notification to persons who request to be placed upon a mailing list for such notifications.
(3) A period of 120 days from the effective revocation date will be allowed for retailers, brokers, distributors, and wholesalers to clear shelves and stock of existing packages or products affected by a revocation and also to allow manufacturers to discontinue production.
(4) The department reserves the right to revoke the general authorization for the use of an emblem provided in subdivision (a) of this section or specific authorization for the use of an emblem provided in subdivision (d) of this section if it deems that an emblem's use constitutes an abuse or is offensive to the purpose and intent of this Part.
(5) Upon revocation, it is the responsibility of the person who was granted the authorization to use a recycling emblem, to immediately notify affected parties (e.g., retailers, brokers, distributors, wholesalers, etc.) who may have a supply of the packages or products bearing the emblem, and assure that all such packages or products are made unavailable for sale or that the emblem is removed or obliterated on any package or product remaining for sale no later than 120 days after the revocation date.
6 CRR-NY 368.5
Current through July 31, 2021
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