Packaging shall comply with Environmental Conservation Law section 37-0205. Packaging shall not contain inks, dyes, pigments, adhesives, stabilizers, or any other additives to which any lead, cadmium, mercury, or hexavalent chromium is intentionally added or contain incidental concentrations of lead, cadmium, mercury or hexavalent chromium which together are greater than 100 parts per million by weight (0.01%).
New York State encourages affected entities to adopt the following in order of preference when purchasing items that come in packaging:
- Items that do not need packaging, or the packaging is part of the product.
- Items that come in reusable packaging.
- Items that come in bulk packaging.
- Items that come in innovative packaging that reduces the amount of packaging.
- Items that come in packaging that remains the property of the supplier and does not become the property of the end user under any circumstance or condition. The vendor shall certify that the packaging material will be reused, recycled, or composted, and managed in compliance with applicable local, state, and federal laws.
- Items that come in packaging that maximizes recycled or biodegradable (compostable) content and/or meets or exceeds the minimum post-consumer content level for packaging in the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines. Biodegradable products should only be used in areas where a composting facility exists that accept the material.
- Items that come in Packaging that is recyclable or biodegradable (compostable). Biodegradable products should only be used in areas where a composting facility exists and will accept the material.
Approved on April 15, 2022