Provides for the provision to consumers of information concerning household hazardous products at the point of retail sale by labels and pamphlets

Summary of provisions

The household hazardous waste shelf labeling law would require all retailers to place hazardous waste stickers or labels on the shelf displaying any products that contain hazardous chemicals. The labels would alert consumers that such products contain hazardous substances. The law would also require the Department of Environmental Conservation to prepare pamphlets that describe how to safely dispose of such household products and information about environmentally safer alternatives. Retailers would then be required to display such pamphlets in the vicinity of the household hazardous products.

The bill requires the Department to promulgate a list of hazardous chemicals which if contained in a household product at a concentration at or above one percent shall cause the product to be subject to the shelf labeling law. The bill also provides for the Department to establish an exemption procedure for a product that falls within a product category but that does not contain hazardous ingredients. The product manufacturer shall be responsible for obtaining the exemption.

Justification

Many products that are used routinely by consumers in their households contain the same toxic, explosive, and corrosive chemicals also found in high volume, commercial and industrial by-products and wastes. Federal and state laws require industrial and commercial generators of hazardous substances and wastes to track the hazardous chemicals they use and to dispose of them at specially equipped landfills and incinerators. But similar regulations and safeguards are not applied to hazardous wastes generated by households.

Products commonly used in households that contain hazardous substances include pesticides, fertilizers, paint thinners, cleaning fluids, drain openers, and various automotive chemicals. One study found that the average U.S. household may have from three to ten gallons of unwanted, leftover hazardous chemicals stored unsafely at their residence. Additionally, there are few sound disposal methods currently available for even the most aware consumer. Consequently, most, if not all, of those hazardous wastes end up buried in a landfill or flowing through municipal sewage treatment plants that are not equipped to remove or detoxify them. Current disposal practices pose dangers as home fire hazards and as occupational hazards to sanitation workers. Moreover, household hazardous wastes are suspected of contaminating groundwater through leaking landfills, and surface waters through discharges from poorly equipped sewage treatment plants. The remediation of such contamination is often very costly to the community and the State.

Around the nation, local and state governments have responded by spending heavily on collective drives to keep household users from simply pouring leftover products down the drain or tossing them into the trash can. Such drives are costly and not necessarily effective because they are typically held irregularly and infrequently. Furthermore, questions surrounding municipal liability for such

programs have caused many communities to cancel or forego household hazardous waste collection days.

The reduction of the use of household hazardous products is a more economical and efficient approach than collection drives. Voluntary choices by informed consumers will substantially reduce the generation of household hazardous wastes and prevent improper disposal. Information indicating that a household product is hazardous shall be readily displayed by retailers on product shelves through the use of shelf labels. Information about disposal and environmentally safer alternatives shall be contained in brochures to be displayed nearby. By providing adequate consumer information at the point of retail selection, the amount of household hazardous wastes entering the waste stream and contaminating the environment will be significantly reduced. This is because most citizens will voluntarily choose to protect the environment and not pollute it.

A similar law has existed in the State of Vermont since 1990.

Fiscal implications

There will be a cost to the State for program administration and for informational pamphlets.

Prior legislation

1999/00 A.6862 S.2799; 2001/02 A.850 - S.4080; 2003/04 A1952/S643; 2005/06 A.6526 - S.1059

Effective date

One year from date of enactment.