N.Y. Environmental Conservation Law § 37-0213

§ 37-0213. Reports.\n The department shall include a report on the effectiveness of this\ntitle as part of its annual solid waste management plan as required by\nsection 27-0103 of this chapter. The report shall contain a review of\nother toxic substances contained in packaging and recommend additions to\nthe list of hazardous ingredients set forth in this title in order to\nfurther reduce the toxicity of packaging waste, and shall contain a\nrecommendation whether to continue the recycling exemption as it is\nprovided for in subdivision three of section 37-0207 of this title, and\na description of the nature of the substitutes used in lieu of the lead,\nmercury, cadmium, or hexavalent chromium. The department may include\nrecommendations of the source reduction council of the conference of\nNorth-Eastern governors in the report. Recommendations made by the\ndepartment to eliminate toxic substances contained in packaging shall\ninclude a determination of whether the ingredient presents or will\npresent an unreasonable risk to health or the environment, based upon a\nrecognized risk assessment protocol and taking into account the\nmagnitude and severity of the harm against the benefits of the substance\nor mixture to society as well as the availability of substitutes for the\nsubstance or mixture and other adverse effects which such proposed\naction to eliminate such ingredient may have on society.\n