N.Y. Environmental Conservation Law § 27-2103: Labeling

§ 27-2103. Labeling.

1. Mercury-added consumer products sold or offered for sale in this

state by a distributor or retailer shall be labeled by the manufacturer

thereof in accordance with the provisions of this section.

2. Unless alternative labeling is approved by the commissioner

pursuant to subdivision four of this section, the labeling of

mercury-added consumer products shall:

(a) clearly and conspicuously inform the consumer that mercury is

present in such product and that such product shall not be disposed of

or placed in a waste stream destined for disposal in mixed municipal

solid waste until the mercury is removed and reused, recycled or

otherwise managed to ensure that the mercury does not become part of

solid waste or contaminate wastewater;

(b) be conspicuous to the consumer prior to the purchase, and during

the installation and removal of such product;

(c) be affixed to the product and be composed of a material

sufficiently durable to remain legible and so affixed for the useful

life of the product; and

(d) be printed and affixed to the product by the manufacturer thereof.

3. Automobile manufacturers shall be deemed to meet the labeling

requirements of this section, with respect to either original equipment

or service parts, if new automobiles bear a label on the doorpost that

lists the mercury-added components that may be present in such vehicle.

Such label shall, to the largest extent possible, be consistent with

labeling provisions of other states. An automobile manufacturer may

apply to the commissioner for approval of an alternative to the labeling

requirement that would be at least as effective in providing presale

notification of mercury content.

4. (a) The commissioner may promulgate rules and/or regulations

specifying labeling requirements, provided, however, that any such rules

and/or regulations shall allow for the use of labels adopted by other

states that meet the requirements of subdivision two of this section.

(b) The commissioner shall promulgate rules and/or regulations to

authorize alternative labeling, including package labeling, for

mercury-added consumer products as defined in this title under the

following conditions:

(i) a manufacturer must submit a written request for alternative

labeling documenting that a product or class of products cannot

reasonably be labeled to comply with specific requirements of this

title; and

(ii) all authorizations for alternative labeling granted under this

subdivision shall be valid for four years and may be renewed.