Businesses can positively impact the environment by developing and implementing waste reduction and recycling policies and programs. Some of these programs are voluntary while others are required by law and regulation. The following is a list of laws and related information that businesses may have to comply with in the Environmental Conservation Law (ECL).
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As of March 1, 2020, the Bag Waste Reduction Act requires that all plastic carryout bags (other than an exempt bag) are banned from distribution by anyone required to collect New York State sales tax. In addition, stores with greater than 10,000 square feet of retail space, or chain stores with five or more locations having greater than 5,000 square feet each of retail space must establish and maintain an at-store recycling program for plastic carryout bags and other film plastic.
Effective January 1, 2022, under the Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban, no covered food service provider or store (retail or wholesale) is allowed to sell, offer for sale, or distribute disposable food service containers that contain expanded polystyrene foam in New York State. In addition, no manufacturer or store is allowed to sell, offer for sale, or distribute polystyrene loose fill packaging (commonly referred to as packing peanuts) in the state.Effective January 1, 2022, under the Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban, no covered food service provider or store (retail or wholesale) is allowed to sell, offer for sale, or distribute disposable food service containers that contain expanded polystyrene foam in New York State. In addition, no manufacturer or store is allowed to sell, offer for sale, or distribute polystyrene loose fill packaging (commonly referred to as packing peanuts) in the state.
Effective January 1, 2022, the NYS Food Donation and Food Scraps Recycling law requires businesses and institutions that generate an annual average of two tons of wasted food per week or more to donate excess edible food and recycle all remaining food scraps if they are within 25 miles of an organics recycler (composting facility, anaerobic digester, etc.).
The Hazardous Packaging Act establishes maximum concentrations allowable for lead, cadmium, mercury or hexavalent chromium which can be present in any packaging or packaging component sold in New York State: 100 parts per million (ppm) by weight total. The Law also sets forth definitions, exemptions, and violation provisions.
Effective January 1, 1991, the Lead-Acid Battery Recycling law requires retailers and distributors who sell lead-acid batteries to accept used batteries from customers.
New York's Returnable Container Act, more commonly referred to as the "Bottle Bill," requires a deposit of at least 5-cent deposit on containers of carbonated soft drinks, beer and other malt beverages, mineral water, soda water, wine products (wine coolers) and water that doesn't contain sugar.
Effective December 31, 2022, the PFAS in Food Packaging law states that no person shall distribute, sell, or offer for sale in New York State, food packaging containing per- and polyfluoroalkyl substances (PFAS) as intentionally added chemicals. PFAS are a family of man-made chemicals that are used in many products to provide stain resistance, water and oil repellency, and other properties. The prohibition of PFAS in food packaging applies to food packaging with intentionally added PFAS, as described in section 37-0203 of the Environmental Conservation Law (ECL).
The Postconsumer Paint Collection Program requires architectural paint producers, who sell paint in or into New York State, need to implement a postconsumer paint collection program, either individually or cooperatively with other producers.
The Rechargeable Battery Recycling law requires manufacturers of covered rechargeable batteries who sell in or into NYS to fund the collection and recycling of rechargeable batteries. Retailers that sell rechargeable batteries OR rechargeable battery containing products must accept used rechargeable batteries from NYS consumers.
Effective January 1, 2025, a hotel (50 rooms or more) shall not provide any small plastic bottle (<12 oz.) containing a hospitality personal care product. Additionally, effective January 1, 2026, this law will apply to hotels with less than 50 rooms.
Managing Residual Hospitality Personal Care Product Inventories:
Learn more about the Small Plastic Bottle Hospitality Personal Care Product Restrictions law.
The Wireless Telephone Recycling Act requires wireless telephone service suppliers that offer wireless phones for sale, to provide for the free reuse and recycling of up to 10 cell phones from any person or provide for the free shipping of those phones to a recycling program.
DMM, Bureau of Waste Reduction and Recycling
625 Broadway
Albany, NY 12233
