GreenNY Sample Language for Contract Managers

Sample Language

The purchaser reserves the right to request sales data from the vendor over the life of the contract. The report must include, at a minimum, details about the third-party sustainability certifications and other environmental attributes of the products and packaging offered on this price agreement per the contract specifications.

This packaging language is designed to be incorporated (i.e., cut and pasted) into bid solicitations and contracts for products that may be shipped in various types of packaging. 

Sample Language

The following required and encouraged attributes apply to all layers of product packaging, including: 

• Primary packaging – first layer of protection that is in contact with the product
• Secondary packaging – second layer of protection that consolidates multiple product units together, such as cardboard boxes and packing materials
• Tertiary packaging – outermost layer of protection that hold multiple consolidated units together for transportation such as pallets, pallet wrap, and straps 

Packaging is REQUIRED to have the following sustainability attributes:

• Pursuant to New York State's Hazardous Packaging Law Section 37-0205, the vendor is prohibited from offering packaging or packaging components (inks, dyes, pigments, adhesives, stabilizers, or any other additives) with lead, cadmium, mercury, or hexavalent chromium at concentration levels exceeding 100 parts per million by weight (0.01%).  
• Pursuant to New York State's Expanded Polystyrene Foam Container and Loose Packaging Law Section 27-3003, the vendor is prohibited from offering polystyrene loose fill packaging.  
• Packaging must not contain polyvinyl chloride (PVC).
• Plastic packaging must not be labeled with terms "biodegradable", "decomposable", "degradable", or “oxo-degradable”.  
• If packaging is labeled as compostable it must be certified by the Biodegradable Products Institute (BPI), Compost Manufacturing Alliance (CMA). 

The vendor is ENCOURAGED to offer one or more of the following sustainability attributes: 

• Bulk shipping and order consolidation
• Right-sizing packaging
• Ship products in only the manufacturer’s packaging
• Packaging that is:
  • Reusable, including pallets, pallet wrap, boxes, and other types of containers
  • Free of expanded polystyrene  
  • Free of per- and polyfluoroalkyl substances (PFAS)
    • Note: Items that are certified by BPI or CMA are verified PFAS-free
  • Compostable
    • Note: Compostable packaging should only be used in areas where a composting facility exists and will accept the material.
  • Recyclable (i.e., accepted by most recycling service providers in New York State)
  • Made of a single material
  • Contains a minimum of 25% post-consumer recycled content     

Verification of Packaging Requirements and Additional Desirable Attributes

At the request of the purchaser, the vendor must provide verification of compliance with one or more of the minimum requirements for packaging. The purchaser also reserves the right to request information documenting the packaging’s desirable attributes and other environmental claims from the vendor.

Verification documentation may cover packaging for multiple products that are distributed, sold, or offered for sale by an individual vendor. The verification documentation may be submitted to the purchaser, either as a hard copy or digital file. The following types of verification documentation will be accepted:

• Third-party certification
• Packaging test results
• Compliance certification or affidavit signed by the manufacturer or vendor
• Other acceptable documentation as approved by the purchaser  

Definitions

• Biodegradable – The ability of a product or material to break down in the environment under normal conditions with no specified timeframe. Residues may be left behind. GreenNY specifications restrict the use of the term biodegradable on products and packaging unless the claim is verified.
• Bulk Shipping – The practice of shipping large quantities of a product in a single delivery, as opposed to receiving multiple deliveries of the product in smaller quantities. This cost-effective practice can reduce the amount of material and number of trips needed to deliver the same quantity of a product.
• Compostable – The ability of a product or material to undergo biological decomposition in a commercial or municipal compost facility and break down within a specified timeframe into carbon dioxide, water, inorganic compounds, and biomass suitable for use as a soil amendment, leaving no toxic residue. To be considered compostable per the GreenNY specifications, a product must be certified by the Biodegradable Products Institute (BPI), Compost Manufacturing Alliance (CMA), or an equivalent certifier approved by the State.
• Manufacturer’s Packaging – The original packaging provided by the manufacturer. The practice of shipping materials in the manufacturer’s packaging means the product is transported to the purchaser without being repackaged by the vendor or distributor.
• Order Consolidation – The practice of combining multiple individual orders or shipments into a single delivery.
• Oxo-Degradable Plastics – Plastics that contain additives that allow them to fragment into small pieces when exposed to oxygen. However, the pieces may not completely break down, becoming microplastics that could contaminate the environment.  
• Packaging Components – Materials or substances applied to the packaging, including inks, dyes, adhesives, pigments, stabilizers and any other additives.  
• Per- and Polyfluoroalkyl Substances (PFAS) – A class of persistent fluorinated organic chemicals containing at least one fully fluorinated carbon atom. They are used to make products water-repellant, grease-resistant, and/or heat tolerant. PFAS have been found in a wide array of consumer and institutional products, including non-stick cookware, stain-resistant carpet and furniture, waterproof clothing, compostable food service ware, firefighting foam, refrigerants, artificial turf, building materials, and more.
• Post-Consumer Recycled Content (PCRC) – Material that has served its intended use and has been collected in a municipal or commercial recycling program and incorporated into new materials or products. PCRC does not include pre-consumer recycled content (also referred to as post-industrial recycled content), which is material diverted from the waste stream during the manufacturing process.
• Primary Packaging – The first layer of protection, the packaging materials that are in contact with the product such as bottles, bags, boxes, plastic inserts and other containers.
• Recyclable – A product is generally considered recyclable if it is accepted for collection by a municipal or commercial curbside recycling program or by a manufacturer or vendor takeback program.
• Right-Sized Packaging – The practice of using packaging that is appropriately sized for the product being shipped. The goal is to minimize excess space or materials while ensuring the packaging is just large enough to protect the product from damage. This cost-effective practice can reduce the amount of material used to deliver a product and can increase efficiency for shipping carriers.
• Secondary packaging – The second layer of protection, the packaging materials that consolidate multiple product units together such as cardboard boxes and void fill.
• Tertiary packaging – The outermost layer of protection, the packaging materials that hold multiple consolidated units together for transportation such as pallets, pallet wrap, and straps.
• Total Recycled Content (TRC) – The sum of post-consumer and pre-consumer recycled content. 

Sample Language

Bidders must certify in writing that all claims made about the environmental attributes of the products and packaging they are offering are consistent with the Federal Trade Commission’s (FTC’s) Guidelines for the Use of Environmental Marketing Terms. In addition, bidders may be required to provide documentation, at the request of the purchaser, that the products and packaging they are offering meet the environmental specifications for this contract.

Over the life of the contract, the vendor must label the environmental attributes of all environmentally preferable products (EPPs) per the environmental specifications in any catalogs, marketing materials, price lists, and online ordering portal associated with this contract. Upon request of the purchaser, the vendor must provide documentation that each EPP has the required third-party certification(s), minimum amount of recycled content, or other environmental attributes listed in the environmental specifications.

The State of New York reserves the right to require the vendor to remove any environmental claims that are false, vague, misleading or unsubstantiated in catalogs, price sheets, websites or other marketing materials that are provided to the purchaser under this contract.
 

Sample Language

The vendor is encouraged to offer product and packaging takeback services for their commodity offerings. Takeback services may include those offered by the manufacturer or the vendor. When offered, the vendor should provide, at a minimum, a list of accepted products and packaging materials, estimated pricing (if applicable), and contact information.

Sample Language

Verification of Vendor Compliance with GreenNY Requirements and Documentation of Desirable Attributes and Other Environmental Claims

At the request of the purchaser, the vendor must provide verification of product and product packaging compliance with one or more of the specifications’ minimum requirements. The purchaser also reserves the right to request information documenting the product’s and packaging’s desirable attributes and other environmental claims from the vendor.

Verification documentation may cover multiple products that are distributed, sold, or offered for sale by an individual vendor. The verification documentation may be submitted to the purchaser, either as a hard copy or digital file. The following types of verification documentation will be accepted:

• Third-party certification
• Product test results
• Compliance certification or affidavit signed by the manufacturer
• Other acceptable documentation as approved by the purchaser