N.Y. Comp. Codes R. & Regs. tit. 9 § 128.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 128.4 - Retail Packaging Sustainability Program

(a) A licensee shall submit an environmental sustainability program for cannabis product packaging as part of the application process, if applicable for the license type. Such programs may include, but are not limited to, reuse strategies collecting reusable cannabis packaging components to be sanitized and refilled or reused as cannabis packaging or sustainable packaging strategies that use non-plastic, compostable or recyclable materials, or packaging materials exceeding 25% post-consumer recycled content. Within two years of issuance of the license, the licensee shall submit to the Board or Office a revised environmental sustainability product packaging plan that reduces use of plastics in packaging.

(b) Retail packages can be reused after appropriate sanitation if, based on visual inspection, the retail package is in good working order and does not appear to pose a risk of unintended exposure or ingestion of cannabis products. The retail packages shall be sanitized and disinfected either by a licensee or by a third-party to ensure that they do not contain any harmful residue or contaminants. The visual inspection shall ensure such retail packages are not brittle or have chips, cracks, or other imperfections that could compromise the child-resistant properties of the retail package or otherwise pose a threat of harm to any individual.

(c) Claims about recyclable or recycled content packaging shall comply with Title 16, as it relates to Commercial Practices, of the Codes of Federal Regulations section Part 260 regarding Guides for the Use of Environmental Marketing Claims.

(d) A licensee who packages cannabis products for retail sale shall annually report to the Office key metrics including, but not limited to:

(1) the total amount, by weight, of packaging material sold, offered for sale, or distributed into the state by the licensee in the prior calendar year;

(2) the total number of cannabis products sold in reusable packages and the number of reusable packages that the licensee refilled;

(3) the total cost of packaging material; and

(4) any additional information as set out by the Office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 128.4

Adopted New York State Register March 22, 2023/Volume XLV, Issue 12, eff. 3/22/2023