This bill would prohibit the manufacture, sale, offering for sale or distribution of thermal paper in the City except where the thermal paper does not contain bisphenol A (BPA) or bisphenol S (BPS) and is designated by the Commissioner of Sanitation as recyclable in the City. The bill would also prohibit the printing or issuance of receipts or tickets on a non-recyclable material, would set penalties for violations, and would grant enforcement authority to the Commissioner of Sanitation, the Commissioner of Health and Mental Hygiene and the Commissioner of Consumer Affairs.
- Filed (End of Session)
History
Int. No. 291
By Council Members Rodriguez and Powers
A Local Law to amend the administrative code of the city of New York, in relation to restricting the use of BPA- or BPS-coated paper and requiring that all receipts and tickets be printed on recyclable material
Be it enacted by the Council as follows:
Section 1. Subchapter 9 of chapter 3 of title 16 of the administrative code of the city of New York is amended by renaming such subchapter as follows:
Subchapter 9
Restrictions on the Sale or Use of Certain [Expanded Polystyrene Items]Materials
§ 2. Subchapter 9 of chapter 3 of title 16 of the administrative code of the city of New York is amended by adding a new section 16-330 to read as follows:
§ 16-330 BPA- and BPS-coated paper. a. Definitions. As used in this section, the term “BPA- or BPS-coated paper” means any paper, regardless of weight or density, that is coated with bisphenol A (BPA) or bisphenol S (BPS).
b. BPA- or BPS-coated paper prohibited. No person may manufacture, sell, offer for sale or distribute BPA- or BPS-coated paper in the city.
c. Violation; penalties. 1. In addition to any other penalties allowed by law, a person who violates subdivision b of this section is subject to a civil penalty of not less than $1,000 and not more than $5,000.
2. Multiple violations occurring on the same day constitute a single offense for purposes of this section.
d. Enforcement. The commissioner, the commissioner of health and mental hygiene and the commissioner of consumer affairs may enforce this section.
e. Rules. The commissioner of sanitation shall promulgate rules necessary for the implementation of this section.
§ 3. Chapter 4 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 13 to read as follows:
Subchapter 13
Paper Receipts and Tickets
§ 20-699.7 Definitions.
§ 20-699.8 Applicability.
§ 20-699.9 Non-recyclable receipts and tickets prohibited.
§ 20-699.10 Penalties.
§ 20-699.7 Definitions. As used in this subchapter, the following terms have the following meanings:
BPA- or BPS-coated paper. The term “BPA- or BPS-coated paper” means any paper, regardless of weight or density, that is coated with bisphenol A (BPA) or bisphenol S (BPS).
Non-recyclable material. The term “non-recyclable material” means a material that is not recyclable by the city or its designated contractors in charge of recycling. Such term includes BPA- or BPS-coated paper.
Receipt. The term “receipt” means a mechanically produced record of a commercial transaction.
Ticket. The term “ticket” means a mechanically produced record created as evidence that the bearer or a person named on such record is permitted entry to a location, event or means of transportation.
§ 20-699.8 Applicability. This subchapter does not apply to receipts or tickets that are printed by an end user.
§ 20-699.9 Non-recyclable receipts and tickets prohibited. No person may print or issue a receipt or ticket on a non-recyclable material.
§ 20-699.10 Penalties. a. In addition to any other penalty allowed by law, a person who violates this subchapter is subject to civil penalties as follows:
1. For a first offense, a civil penalty of not less than $100 and not more than $150.
2. For a second offense and for each subsequent offense, a civil penalty of not less than $500 and not more than $1,000.
b. Multiple violations occurring on the same day constitute a single offense for purposes of this section.
§ 4. This local law takes effect on January 1 of the year following the year in which it becomes law, except that if this local law becomes law between September 1 and December 1, then it takes effect on July 1 of the year following the year in which it becomes law. The commissioner of sanitation shall take any measures necessary for the implementation of this local law, including the promulgation of rules, before it takes effect.
WCJ/JJD
LS 4719 & 11065/Int. 1756-2017
LS 838
1/2/2018