New York Senate Bill 1464 (2025) - (Introduced)

Packaging material or material means a discrete material or category of material, regardless of recyclability, including but not limited to such material types that are flexible, foam, or rigid material, including paper, cardboard, plastic, glass, metal, or multi-material, that is used for the containment, protection, handling, delivery, transport, distribution, or presentation of another product that is sold, offered for sale, imported, or distributed in the state, including through an internet transaction, and single-use plastic products.

Packaging material does not include:

1. Medical devices and packaging included with products regulated as a drug, medical device, or dietary supplement by the U.S. Food and Drug Administration (FDA)
2. Animal biologics, including vaccines, bacterins, antisera, diagnostic kits, and other biological products, as well as packaging materials regulated by the U.S. Department of Agriculture
3. Packaging regulated under the Federal Insecticide, Fungicide, and Rodenticide Act
4. Packaging used for hazardous or flammable products regulated by the 2012 Federal Occupational Safety and Health Administration
5. Plastic packaging containers used to transport products classified as dangerous goods or hazardous materials
6. Beverage containers subject to a returnable container deposit
7. Infant formula
8. Medical foods
9. Architectural paint containers

For products sold or served to consumers at a physical retail location in this state which are not single use plastics:
If the product is sold or served in or with packaging under the product manufacturer's own brand or is sold or served in packaging materials that lack identification of a brand, the producer is the person who manufactures the packaged product is the producer.

For single use plastics and for products sold or distributed to consumers in packaging materials in or into this state via remote sale or distribution:
The producer of packaging materials used to directly protect or contain the product is the same as above.
For packaging materials used to ship the product to a consumer, the producer is the person who packages the item to be shipped to the consumer.

For any single use plastic product:
If the single use plastic product is sold under the manufacturer's own brand, the producer is the person who manufactures the single use plastic product.

For products sold or served to consumers at a physical retail location in this state which are not single use plastics:
If there is no brand, the producer is the person who is licensed to manufacture and sell or serve the packaged product under the brand or trademark of another manufacturer or person, whether or not the trademark is registered in this state, unless the manufacturer of the packaging materials has agreed to accept responsibility.

For any single use plastic product:
If there is no brand, the producer is the person who is the owner or licensee of a brand or trademark under which the single use plastic product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state.

For products sold or served to consumers at a physical retail location in this state which are not single use plastics:
If there is no manufacturer or licensee the producer is the brand owner of the product that is packaged. If there is no person within the United States, the producer is the person who is the importer of record for the packaged product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the product in this state; or the producer is the person who first distributes the packaged product in or into the state.

For any single use plastic product:
If there is manufacturer or licensee, the producer is the brand owner of the single use plastic product. If there is no person within the United States, the producer is the person who imports the single use plastic product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the single use plastic product in this state; or the producer is the person who first distributes the single use plastic product in or into this state.

The producer is the franchisor, if such franchisor has franchisees that have a commercial presence in the state.

A producer is exempt from the requirements and prohibitions of this title in any calendar year if:

The producer and its affiliates collectively generated less than $5 million in total gross revenue during the prior calendar year.

The producer and its affiliates collectively sold, offered for sale, or distributed products using less than two tons of packaging material in total during the prior calendar year.

The producer is an agricultural cooperative with fewer than 50 employees engaged in the production of dairy products.

Local governments, state governments, and the federal government are not producers.

The producer is exempt if they are a not-for-profit corporation primarily engaged in preparing and delivering medically tailored meals and medical nutrition therapy.

Medically tailored meals and medical nutrition therapy refers to nutritional assessment, therapy, and counseling provided by a certified dietitian or nutritionist. It includes the provision of food prescribed by a healthcare professional within their lawful scope of practice under Title 8 of the Education Law to treat chronic conditions for individuals with limitations in daily living activities.

For the first ten years there shall be only one packaging reduction organization and all producers shall be required to register with such packaging reduction organization.

The packaging reduction and recycling organization means a not-for-profit organization.

The PRO must reimburse local governments for the costs associated with the implementation of reduction, refill, and reuse programs, and the collection, transportation and recycling, or other processing of packaging materials. If the local government does not elect to provide service, the PRO must contract with a private sector entity to provide such services.

Costs must cover reimbursements to local governments and private companies for the costs including the implementation of reduction, refill, and reuse programs, and the collection, transportation and recycling, disposal or other processing of packaging materials.

Costs must cover education and outreach statewide.

Costs must cover administration, enforcement, the statewide needs assessment, and all other state costs of the program.

Costs must cover recycling infrastructure and market development investments.

Fees shall be variable and based on:

Costs to provide curbside collection or another form of residential service that is, at minimum, as convenient as curbside collection or as convenient as the previous recycling collection plan in the particular jurisdiction should recycling collection not be provided.

Costs to process packaging materials for acceptance by secondary material markets.

Whether the packaging material would typically be readily-recyclable, except that as a consequence of the packaging design, the packaging product has the effect of disrupting recycling processes or the product includes labels, inks, and adhesives containing heavy metals or other toxic substances that would result in contamination of the recycling process.

Whether the packaging material is specifically designed to be reusable or refillable and has high reuse or refill rate.

The commodity value of a packaging material, as defined by published indices.

The fees shall be adjusted, or the producers may be provided a credit, as detailed in the plan, based upon the percentage of post-consumer recycled material content and such percentage of post-consumer recycled content shall be verified by the organization or through an independent third party approved to perform verification services to ensure that such percentage exceeds the minimum requirements in the packaging, as long as the recycled content does not disrupt the potential for future recycling.

The fees shall be structured to provide producers with financial incentives to encourage an increase in the proportion of a producer's total packaging that is managed within a reuse and refill system.

There shall be no fee assessed on reusable or refillable packaging and containers contained within a reuse or refill system.

The fees shall be structured to provide producers with financial incentives to encourage a reduction in total packaging as measured by unit weight used by producers, and discarded by consumers, businesses, institutions, and other users. Weight reductions shall not be achieved by substituting plastic for other materials types.

The fees shall be structured to provide producers with financial incentives to encourage a reduction in toxic components in packaging materials and reduction in litter from packaging materials.

The fees shall be structured to provide producers with financial incentives to encourage: an increase in the proportion of a producer's total packaging that is deemed recyclable as determined by an annual review process and an increase in the proportion of a producer's total packaging that is ultimately recycled.

Beginning two years after the promulgation of rules and regulations under this title, packaging materials used by a producer must meet the following criteria:
Be capable of being sorted by entities that process recyclable materials within the state.
Have a consistent regional market for purchase by end users for the production of new products.
Not contain:

• Opaque or pigmented polyethylene terephthalate (PET).
• Oxo-degradable or oxo-biodegradable additives.
• Polyethylene terephthalate glycol (PETG) in rigid packaging.
• Label constructions (including adhesives, inks, materials, and formats) or other features that render a package non-recyclable or disruptive to the recycling process.
• DoPS (polystyrene), excluding EPS (expanded polystyrene).

Meet the post-consumer content requirements established under this title.
Comply with any additional criteria determined by the department.

Each producer must meet the following recycling rate standards:
Non-Plastic Packaging:

By January 1, 2030: At least 35% of packaging material supplied into the state must be reused or recycled, with a minimum of 5% being reused.

By January 1, 2037: At least 50% of packaging material must be reused or recycled, with at least 10% being reused.

By January 1, 2052: At least 75% of packaging material must be reused or recycled, with at least 20% being reused.

By January 1, 2030: At least 25% of plastic packaging material supplied into the state must be reused or recycled.

By January 1, 2037: At least 50% must be reused or recycled.

By January 1, 2052: At least 75% must be reused or recycled.

Each producer must meet the recycling content targets outlined in this section.

Beginning two years after the adoption of rules and regulations under this title:

1. All glass containers manufactured in the state and used by the producer must contain, on average, at least 35% post-consumer recycled content.
2. All paper carryout bags sold, offered for sale, or given away in the state by a producer must contain, on average, at least 40% post-consumer recycled content. However, paper carryout bags that hold eight pounds or less are only required to contain at least 20% post-consumer recycled content.
3. All plastic trash bags sold or offered for sale in the state by a producer must contain, on average, at least 20% post-consumer recycled content.

These requirements do not apply to reusable or refillable packaging or containers. Beginning two years after the initial organization's plan implementation, the department, in consultation with the advisory council, is authorized to:

Establish content requirements for materials not listed in subdivision two of this section.

Modify the post-consumer recycled content targets for materials in subdivision two, provided that any modifications do not lower the required percentage or move the target date earlier.

Starting three years after the program implementation date or January 1 of the third year following a producer's registration (if they register after the implementation date), the producer must reduce the amount of primary plastic packaging and all other packaging materials by 10%. This reduction may be measured on a company-wide basis or by unit weight for all packaging materials used to contain, protect, deliver, present, or distribute products sold or distributed in the state.

Starting five years after the program implementation date, or January 1 of the fifth year following a producer's registration (if they register after the implementation date), the producer must reduce primary plastic packaging and all other packaging materials by 15%, either company-wide or by unit weight.

Starting eight years after the program implementation date, or January 1 of the eighth year following a producer's registration (if they register after the implementation date), the producer must reduce primary plastic packaging and all other packaging materials by 20%, measured either company-wide or by unit weight.

Starting ten years after the program implementation date, or January 1 of the tenth year following a producer's registration (if they register after the implementation date), the producer must reduce primary plastic packaging and all other packaging materials by 25%, either company-wide or by unit weight.

Starting twelve years after the program implementation date, or January 1 of the twelfth year following a producer's registration (if they register after the implementation date), the producer must reduce primary plastic packaging and all other packaging materials by 30%, either company-wide or by unit weight.

The reductions required by this section shall be measured against the packaging material the producer used during the first year such producer registered with an organization. These reductions shall be achieved by eliminating single-use packaging material, including secondary or tertiary packaging material, elimination of packaging material components, reduction of packaging material components, or by transitioning to reusable or refillable packaging systems. Reductions may also be achieved by substituting plastic packaging material with non-plastic packaging material. However, the reductions required by this section shall not be achieved by substituting non-plastic materials with plastic materials or substituting recyclable materials with non-recyclable materials.

Recycling infrastructure and market development investments will utilize the state's existing infrastructure.

The program shall provide for widespread, convenient, and equitable access to collection opportunities for recyclable packaging materials at no additional cost. Such opportunities, including curbside recycling, shall be provided to all residents of the state in a manner that is as convenient as the collection of solid waste as provided to the consumer as of the effective date.

The organization will strategically invest in existing and future reuse and recycling infrastructure and market development in the state in consultation with the department and in a manner not inconsistent with the needs assessment, including, but not limited to, installing or upgrading equipment to improve the sorting of covered materials or mitigating the impacts of materials on other commodities at existing sorting and processing facilities, and capital expenditures for new technology, equipment, and facilities.

Within six months of the effective date , any not-for-profit seeking to serve as the initial packaging reduction and recycling organization shall submit an application on a form and format prescribed by the department.

Within nine months of the effective date, the department shall select a not- for-profit organization applicant to act as the initial packaging reduction and recycling organization to operate the packaging reduction and recycling program, and such organization shall then register with the department in the manner prescribed by the department.

Within two years of the effective date, the initial packaging reduction organization shall develop and submit a packaging reduction and recycling plan for approval.

Each producer shall begin program implementation within six months after the date the plan for the initial organization is approved and in no event later than three years of the effective date.

If no plan is approved by that timeframe, the department, in its discretion, shall either approve a plan with conditions or specify modifications that must be made within forty-five days to conform the submitted plan to the requirements of this section. If a producer is not making good faith efforts to comply with the requirements of this title during such forty-five day period, the producer shall be subject to penalties for noncompliance.

No event later than three years after the effective date, a producer shall not sell, offer for sale, or distribute into the state a product contained, protected, delivered, presented, or distributed in packaging unless the producer is registered with an organization and in full compliance with all requirements of this title. Producers shall register with the initial organization within eighteen months of the effective date; provided, however, that any person who becomes a producer thereafter shall register with an organization and begin program implementation within six months thereof or be subject to penalties for noncompliance.

Within sixty days of the advisory council making a recommendation to the department, the department shall make a determination to approve the plan as submitted; approve the plan with conditions; or deny the plan, with reasons for the denial.

The plan shall cover five years and be updated every five years following the approval of the original plan. The department shall have the discretion to require the plan to be reviewed or revised prior to the five-year period.

Within eighteen months after the effective date the department shall promulgate all rules and regulations necessary to implement, administer, and enforce the provisions.

Annually, each organization shall submit a report to the department.

The department, the recycling inspector general, and the attorney general, may issue a notice of violation to, and impose an administrative civil penalty not to exceed one thousand dollars per day per violation on any entity not in compliance with this title or any of the regulations the department adopts to implement this title. Each product line that is sold, offered for sale, or distributed to consumers via retail commerce in the state, including through an internet transaction, shall be considered a separate violation.

Education and outreach shall include a plan to work with producers to label or mark packaging material, in accordance with reasonable labeling standards, with information to assist consumers in responsibly managing and recycling covered products.

Education and outreach must have recycling instructions that are consistent statewide, except as necessary to take into account differences among local laws and processing capabilities, easy to understand, and easily accessible.

Education and outreach must include information on the proper end-of-life management of packaging material, including reuse, recycling, composting, and disposal.

Education and outreach shall include information on how to prevent litter of packaging material in the process of collection.

Education and outreach shall include the location and availability of curbside collection and additional drop-off collection opportunities for packaging material, including deposit and take-back programs.

The educational outreach program shall be coordinated with and assist local government programs, local government contracted programs, solid waste collection companies, and other entities providing services. The organization shall consult with local governments on the development of educational materials and may coordinate with local governments on outreach and communication.

The organization must consult with the advisory council, the public, and other stakeholders in the development of the plan prior to its submission to the department.

The advisory council shall consist of seventeen members, appointed as follows:

Nine members appointed by the Commissioner.
Three members appointed by the Speaker of the Assembly.
One member appointed by the Minority Leader of the Assembly.
Three members appointed by the Temporary President of the Senate.
One member appointed by the Minority Leader of the Senate.

The advisory council shall include at least one representative from each of the following:

1. A local government association or program, including an additional representative from cities with a population of one million or more residents.
2. A statewide environmental organization.
3. A disadvantaged community affected by solid waste infrastructure.
4. An environmental justice organization.
5. A statewide waste disposal or recycling association.
6. A materials recovery facility located within the state.
7. A recycling collection provider.
8. A manufacturer of packaging materials utilizing post-consumer recycled content.
9. A consumer advocate.
10. A retailer.
11. A public health specialist.
12. A producer and an organization established under this title (serving as non-voting members).
13. A labor organization representative for waste collection employees.
14. A labor organization representative for municipal solid waste and recycling processing employees.

Recycling means to separate, dismantle or process the materials, components or commodities contained in discards for the purpose of preparing the materials, components, or commodities for use or reuse in new products or components.

Recycling does not include energy recovery or energy generation by any means, including but not limited to, combustion, incineration, pyrolysis, gasification, solvolysis, or waste-to-fuel, any chemical conversion process or landfill disposal.

A producer shall not be liable for any claim of a violation of anti-trust, restraint of trade, or unfair trade practice arising from conduct
undertaken in order to comply; provided, however, this section shall not apply to any agreement establishing or affecting the price of packaging material, or the output or production of any agreement restricting the geographic area or customers to which packaging material will be sold.

After three years from the promulgation of rules and regulations under this title, no person or entity shall sell, offer for sale, or distribute packaging in the state containing any of the following toxic substances or materials as an intentionally added substance:
Ortho-phthalates
Bisphenols
Per- and polyfluoroalkyl substances (PFAS)
Heavy metals and compounds, including lead, hexavalent chromium, cadmium, and mercury (excluding copper phthalocyanine, CAS registry number 147-14-8)
Benzophenone and its derivatives
Halogenated flame retardants
Perchlorate
Formaldehyde
Toluene
Antimony and compounds
UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol)
Polyvinyl chloride, including polyvinylidene chloride
Polystyrene (excluding expanded polystyrene - EPS)
Polycarbonate

After five years from the promulgation of rules and regulations, no person or entity shall sell, offer for sale, or distribute packaging in the state containing any of the above-listed toxic substances, even if not intentionally added, at or above a level established by regulation as the lowest feasible level. This level shall be reviewed every five years for potential reduction.

A toxic packaging task force is established within the department to review packaging toxicity in the state and recommend additional toxic substances for prohibition.

The task force shall have nine members:
The commissioner or their designee (chair).
The commissioner of health or their designee.
A representative from the packaging industry.
A representative from an environmental justice organization.
A representative from the chemical industry.
A professional or academic expert in toxicology.
A professional or academic expert in public health risk assessment, appointed by the commissioner.
Two additional members with expertise in maternal or child health, epidemiology, chemical safety, or public health policy, appointed by the temporary president of the senate and the speaker of the assembly.

Any producer violating this section or related regulations shall be subject to a fine of up to ten thousand dollars per violation.

No retailer may charge a point-of-sale or other fee to consumers to facilitate a producer or organization to recoup the costs associated with meeting the obligations under this title.

No later than one year after the effective date and every five years thereafter, the department shall complete or cause to be completed a statewide packaging material reduction, reuse, and recycling needs assessment to determine the current state of packaging material reuse, recycling, and disposal, identify barriers and opportunities to reduce the amount of packaging material discarded and disposed of, and increase the reusability and recyclability of packaging material. The cost incurred by the department associated with conducting the needs assessment shall be paid for by the organization.

Minimum recyclables list means a list of those materials that, identified by the department in regulations, must be managed through the packaging reduction and recycling program and by the local governments and service providers that receive funding or reimbursement from the program as approved by the department.

The PRO must submit in it's annual report a recommended minimum recyclables list that meets the requirements, based on the needs assessment, information gathered from end markets, including commodity brokers and manufacturers who purchase post-consumer materials for use in manufacturing new products, and available collection and processing infrastructure information.

All local government or private recycling service providers shall provide for the collection and recycling of all packaging materials contained on the minimum recyclables lists.

The department shall establish and maintain the minimum recyclables list by regulation. The department shall update this list annually, after the initial organization's plan is first approved, considering recommendations from organizations and the advisory council.

Single use plastic means single use plastic products that frequent the residential waste stream or are plastic products that have the effect of disrupting recycling processes, including, but not limited to, single use plastic items such as straws, utensils, cups, plates, and plastic bags.

Reuse means the return of packaging material back into the economic stream for use in the same kind of application intended for the original packaging, without effectuating a change in the original composition of the package, the identity of the product, or the components thereof.

Reuse and refill system means a program or set of mechanisms designed to facilitate multiple uses of packaging. Mechanisms may include, but are not limited to, deposits, incentives, curbside collection, collection kiosks, refill stations, dishwashing facilities, and re-distribution networks.

Reusable or refillable packaging and containers means packaging material and containers that are specifically designed and manufactured to maintain shape and structure, and be materially durable for repeated sanitizing, washing, and reuse; provided, however, that such packaging and containers must comply with the high reuse and refill rate as set forth in the plan and approved by the department.

Each organization shall conduct an annual review process to determine whether packaging materials are recyclable. This review shall be conducted in consultation with representatives of end markets, including recycled commodities brokers and manufacturers who purchase post-consumer material for use in manufacturing new products, and in consultation.