G/TBT/N/USA/1751  
16 July 2021  
(21-5655) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
New York  
2. Agency responsible:  Department of Environmental Conservation, State of New York 
[1779]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the noti fication shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other : Technical 
Regulation - Local Government (Article 3.2)  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Product 
stewardship and labeling; Environmental protection (ICS 13.020), Wastes (ICS 13.030)  
5. Title, number of pages and language(s) of the notified document:  Proposed Part 
368, Product Stewardship and Product Labeling (7 page(s), in English)  
6. Descr iption of content:  Proposed rule - Notice is hereby given that the New York State 
Department of Environmental Conservation (NYSDEC) filed a Notice of Proposed Rule 
Making with the New York State Department of State on 15 June 2021 to repeal and 
replace Par t 368. The proposed rule repeals and replaces the existing regulations for 
Recycling Emblems, develops new regulations for mercury -added consumer product 
labeling and develops new regulations for the existing Electronic Equipment Recycling and 
Reuse Act (E ERRA). The Notice of Proposed Rulemaking is available in the 30 June 2021 
issue of the State Register.   Two public comment hearing webinars  for the proposed rule 
will be held on Wed nesday, 8 September 2021, before Administrative Law Judge (ALJ) 
Lara Q. Olivieri via electronic webinar and accordingly, is reasonably accessible to persons 
with impaired mobility.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Protection of the environment  
8. Relevant documents:   
Vol. XLIII, Issue 26, New York State Register 30 June 2021 (pages 9 -14): 
https://dos.ny.gov/system/files/documents/2021/06/063021.pdf  
Notice of Proposed Rule Making - Adoption of 6 NYCRR Part 368 - Product Stewardship 
and Product Labeling: https://www.dec.ny.gov/regulations/123241.html  G/TBT/N/USA/1751  
 
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  WTO Members and their stakeholders are asked to submit comments to the  USA TBT 
Enquiry Point . Comments received by the USA TBT Enquiry Point from WTO Members and 
their stakeholders no later than 4:00 p.m. ET on 15 September 2021 will be shared with 
the regulator.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  15 September 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2021/TBT/USA/21_4735_00_e.pdf