§ 27-2103 — Labeling

New York § 27-2103

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 21: Mercury-added Consumer Products
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-2103. Labeling.\n 1. Mercury-added consumer products sold or offered for sale in this\nstate by a distributor or retailer shall be labeled by the manufacturer\nthereof in accordance with the provisions of this section.\n 2. Unless alternative labeling is approved by the commissioner\npursuant to subdivision four of this section, the labeling of\nmercury-added consumer products shall:\n (a) clearly and conspicuously inform the consumer that mercury is\npresent in such product and that such product shall not be disposed of\nor placed in a waste stream destined for disposal in mixed municipal\nsolid waste until the mercury is removed and reused, recycled or\notherwise managed to ensure that the mercury does not become part of\nsolid waste or contaminate wastewater;\n (b) be conspicuous to the consumer prior to the purchase, and during\nthe installation and removal of such product;\n (c) be affixed to the product and be composed of a material\nsufficiently durable to remain legible and so affixed for the useful\nlife of the product; and\n (d) be printed and affixed to the product by the manufacturer thereof.\n 3. Automobile manufacturers shall be deemed to meet the labeling\nrequirements of this section, with respect to either original equipment\nor service parts, if new automobiles bear a label on the doorpost that\nlists the mercury-added components that may be present in such vehicle.\nSuch label shall, to the largest extent possible, be consistent with\nlabeling provisions of other states. An automobile manufacturer may\napply to the commissioner for approval of an alternative to the labeling\nrequirement that would be at least as effective in providing presale\nnotification of mercury content.\n 4. (a) The commissioner may promulgate rules and/or regulations\nspecifying labeling requirements, provided, however, that any such rules\nand/or regulations shall allow for the use of labels adopted by other\nstates that meet the requirements of subdivision two of this section.\n (b) The commissioner shall promulgate rules and/or regulations to\nauthorize alternative labeling, including package labeling, for\nmercury-added consumer products as defined in this title under the\nfollowing conditions:\n (i) a manufacturer must submit a written request for alternative\nlabeling documenting that a product or class of products cannot\nreasonably be labeled to comply with specific requirements of this\ntitle; and\n (ii) all authorizations for alternative labeling granted under this\nsubdivision shall be valid for four years and may be renewed.\n