N.Y. ENV Law § 37-0207

§ 37-0207. Exemptions.\n All packaging and packaging components shall be subject to this title\nexcept the following:\n 1. Those packages or packaging components which have been delivered to\na distributor or manufacturer prior to January 1, 1992; or those\npackages or packaging components with a code indicating date of\nmanufacture that were manufactured prior to January 1, 1992; or\n 2. Those packages or packaging components to which lead, cadmium,\nmercury or hexavalent chromium have been added in the manufacturing,\nforming, printing or distribution process in order to comply with health\nor safety requirements of federal law or for which there is no\npracticable alternative, as determined by the commissioner, provided\nthat the manufacturer of a package or packaging component must petition\nthe department for any exemption from the provisions of this title for a\nparticular package or packaging component based on either criterion;\nprovided further that the department may grant a two year exemption if\nwarranted by the circumstances; and provided further that such an\nexemption may upon meeting either criterion of this subdivision be\nrenewed for two years; or\n 3. Packages and packaging components that exceed the maximum levels\nset forth in subdivision three of section 37-0205 of this title only\nbecause of the addition of post-consumer materials, provided that the\nexemption for this subdivision shall expire on January 1, 1996.\n 4. Until January first, nineteen hundred ninety-four, any glass\ncontainer that is intended for reuse or refilling that uses pigments in\nor on the container that exceed the maximum levels set forth in\nsubdivision three of section 37-0205 of this title.\n