Tuesday, December 23, 2008

New York (NYDEC) Plastic Bag and Film Recycling Rules- Effective January 2009

On December 13, 2008, Governor Patterson signed New York State's Plastic Bag Reduction, Reuse, and Recycling Act. This law requires larger retail and chain stores to accept clean plastic bags for recycling starting January 2009.

Under the new law, retail establishments with more than 10,000 square feet of retail space, or those that are part of a chain with more than five stores (each with more than 5,000 square feet of retail space), must provide bins for the collection of used plastic carryout bags, recycle the returned bags and keep records for three years describing the amount of plastic bags collected and recycled.

The new state law will pre-empt local governments from adopting their own plastic bag recycling laws. However, it is expected that additional legislation will be enacted to amend the bill signed by the governor to allow New York City to retain an effective and popular local law that established a citywide recycling program for plastic carryout bags and film plastics. Another expected amendment will require the recycling of film plastics as part of the statewide program.

For further information contact Caltha LLP at
Caltha LLP Website

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