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NYS Postconsumer Paint Collection Program

In March 2021, DEC issued a letter regarding conditionally exempt small quantity generator provisions. (PDF 542 KB) This addresses authorized destination facilities and regulatory flexibility for collection of postconsumer paint.

On December 16, 2019, the Governor signed the Postconsumer Paint Collection Program (Link leaves DEC's website) into law. This legislation expands the Environmental Conservation Law (ECL) Article 27 by adding a new Title 20 requiring producers of architectural paint to implement a postconsumer paint collection and recycling program in accordance with a plan approved by the Department of Environmental Conservation (Department). "Architectural paint" includes interior and exterior architectural coatings sold in containers of five gallons or less including house paint and primers (latex or oil-based), stains, deck and concrete sealers, and clear finishes (e.g., varnishes, shellacs).

The new law requires architectural paint producers, who sell paint in or into New York State, to implement a postconsumer paint collection program, either individually or cooperatively with other producers. Producers, or their collective organization, were required to submit a postconsumer paint collection program plan to the Department by July 1, 2020. The postconsumer paint collection program will be funded by a small fee applied to the price of covered products at the time of purchase.

PaintCare Inc., a non-profit 501(c)(3) organization that represents paint producers in other states that have implemented similar programs, has submitted a draft plan on behalf of producers who sell architectural paint in New York State. A Department approved paint recycling program will provide consumers a simple and accessible means to properly dispose of leftover, unwanted paint, in an environmentally responsible manner.

On June 11, 2020, PaintCare Inc. held a webinar to provide information for Household Hazardous Waste Collection Programs and Service Providers. The webinar can be found on the PaintCare website here (Link leaves DEC's website).

The Postconsumer Paint Collection Program will affect the following groups:

Consumers - Consumers will have access to convenient waste paint drop-off sites for the collection, reuse and recycling of architectural paint through the payment of a minimal fee at the time of purchase.

Retailers - Retailers of architectural paint will only be able to offer for sale architectural paint products and brands belonging to those producers who are registered with the program. Retailers of architectural paint will be given the opportunity to voluntarily participate as a waste paint drop-off site.

Municipalities - Local municipalities, by participating as waste paint drop-off sites, will benefit from the postconsumer paint collection program since costs associated with the management of waste paint that ends up in the municipal waste streams will be reimbursed.

Producers - Upon program implementation, producers will be prohibited from selling or offering for sale, architectural paint in the state unless the producer and their brands are registered with the Department as participating in a postconsumer paint collection program approved by the Department.

This page will be updated periodically to reflect additional details regarding the new postconsumer paint collection program.