S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9106
 
                             I N  S E N A T E
 
                               June 17, 2018
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing a postconsumer paint collection program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 20 to read as follows:
                                 TITLE 20
                   POSTCONSUMER PAINT COLLECTION PROGRAM
 SECTION 27-2001. DEFINITIONS.
         27-2003. POSTCONSUMER PAINT COLLECTION PROGRAM.
         27-2005. REPORTING REQUIREMENTS.
         27-2007. DEPARTMENT RESPONSIBILITIES.
 § 27-2001. DEFINITIONS.
   AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   1.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
 COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS; PROVIDED,  HOWEVER,
 THAT "ARCHITECTURAL PAINT" SHALL NOT INCLUDE INDUSTRIAL, ORIGINAL EQUIP-
 MENT OR SPECIALTY COATINGS.
   2.  "COMMISSIONER"  MEANS  THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
 TION.
   3. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   4. "ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES" MEANS  PROCEDURES  FOR
 THE  COLLECTION,  STORAGE, TRANSPORTATION, REUSE, RECYCLING AND DISPOSAL
 OF ARCHITECTURAL PAINT, TO BE IMPLEMENTED BY THE PRODUCER  OR  REPRESEN-
 TATIVE ORGANIZATION OR BY THE PRODUCERS OR REPRESENTATIVE ORGANIZATION'S
 CONTRACTED  PARTNERS  TO  ENSURE COMPLIANCE WITH ALL APPLICABLE FEDERAL,
 STATE AND  LOCAL  LAWS  AND  ANY  REGULATIONS  AND  ORDINANCES  FOR  THE
 PROTECTION  OF  HUMAN  HEALTH  AND  THE ENVIRONMENT AND THESE PROCEDURES
 SHALL ADDRESS ADEQUATE RECORD KEEPING, TRACKING AND DOCUMENTING  OF  THE
 FINAL DISPOSITION OF MATERIALS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16339-04-8

 S. 9106                             2
 
   5.  "POSTCONSUMER  PAINT"  MEANS  ARCHITECTURAL  PAINT NOT USED AND NO
 LONGER WANTED BY A PURCHASER.
   6.  "PRODUCER"  MEANS A MANUFACTURER OF ARCHITECTURAL PAINT WHO SELLS,
 OFFERS FOR SALE OR DISTRIBUTES THE ARCHITECTURAL PAINT IN THE STATE.
   7. "PROGRAM" MEANS THE POSTCONSUMER PAINT  COLLECTION  PROGRAM  ESTAB-
 LISHED PURSUANT TO SECTION 27-2003 OF THIS TITLE.
   8. "RECYCLING" MEANS A PROCESS BY WHICH DISCARDED PRODUCTS, COMPONENTS
 AND  BY-PRODUCTS ARE TRANSFORMED INTO NEW USABLE OR MARKETABLE MATERIALS
 IN A MANNER IN WHICH THE ORIGINAL  PRODUCTS  MAY  LOSE  THEIR  IDENTITY.
 THIS  TERM  EXCLUDES  THERMAL  TREATMENT  OR  THE USE OF WASTE AS A FUEL
 SUBSTITUTE OR FOR ENERGY PRODUCTION.
   9. "REPRESENTATIVE ORGANIZATION" MEANS A  NOT-FOR-PROFIT  ORGANIZATION
 ESTABLISHED BY A PRODUCER TO IMPLEMENT THE POSTCONSUMER PAINT COLLECTION
 PROGRAM.
   10. "RETAILER" MEANS A PERSON THAT OFFERS ARCHITECTURAL PAINT FOR SALE
 AT RETAIL IN THE STATE.
   11. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
 USE  IN  THE  SAME  KIND  OF  APPLICATION  AS THE PRODUCT WAS ORIGINALLY
 INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY.
   12. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE  OR
 THE  RIGHT  TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
 ING, BUT NOT LIMITED TO, TRANSACTIONS  CONDUCTED  THROUGH  RETAIL  SALES
 OUTLETS,  CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
 MEANS; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, AND REUSE.
 § 27-2003. POSTCONSUMER PAINT COLLECTION PROGRAM.
   1. NO LATER THAN JULY FIRST, TWO THOUSAND NINETEEN, A PRODUCER, EITHER
 INDIVIDUALLY OR COOPERATIVELY, OR A  REPRESENTATIVE  ORGANIZATION  SHALL
 SUBMIT  TO  THE  COMMISSIONER FOR THE COMMISSIONER'S APPROVAL A PLAN FOR
 THE ESTABLISHMENT OF A POSTCONSUMER PAINT COLLECTION PROGRAM.  SUCH PLAN
 SHALL BE ACCOMPANIED BY A FEE OF FIVE THOUSAND DOLLARS FOR AN INDIVIDUAL
 PRODUCER OR, IN THE CASE OF A REPRESENTATIVE ORGANIZATION  OR  PRODUCERS
 ACTING  COLLECTIVELY,  A  FEE  OF TEN THOUSAND DOLLARS. THE PROGRAM WILL
 MINIMIZE PUBLIC SECTOR INVOLVEMENT IN  THE  MANAGEMENT  OF  POSTCONSUMER
 PAINT  BY REDUCING ITS GENERATION, PROMOTING ITS REUSE AND RECYCLING AND
 NEGOTIATING AND EXECUTING AGREEMENTS TO COLLECT, TRANSPORT, REUSE, RECY-
 CLE AND PROPERLY DISPOSE OF  POSTCONSUMER  PAINT  USING  ENVIRONMENTALLY
 SOUND MANAGEMENT PRACTICES.
   2.  A  PRODUCER  MAY SATISFY THE POSTCONSUMER PAINT COLLECTION PROGRAM
 REQUIREMENT OF THIS SECTION BY AGREEING TO PARTICIPATE COLLECTIVELY WITH
 OTHER PRODUCERS.  ANY  SUCH  COLLECTIVE  POSTCONSUMER  PAINT  COLLECTION
 PROGRAM SHALL MEET THE SAME REQUIREMENTS AS AN INDIVIDUAL PRODUCER. SUCH
 PROGRAM  SHALL  SUBMIT  A  REGISTRATION  TO  THE DEPARTMENT ALONG WITH A
 REGISTRATION FEE OF TEN THOUSAND DOLLARS.
   3. THE PLAN SUBMITTED BY THE PRODUCER OR  REPRESENTATIVE  ORGANIZATION
 TO THE DEPARTMENT UNDER THIS SECTION SHALL:
   (A)  PROVIDE  A LIST OF EACH PARTICIPATING PRODUCER AND BRANDS COVERED
 BY THE PROGRAM.
   (B) PROVIDE INFORMATION ON THE ARCHITECTURAL  PAINT  PRODUCTS  COVERED
 UNDER THE PROGRAM.
   (C)  DESCRIBE  HOW  THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION WILL
 COLLECT, TRANSPORT, RECYCLE, AND PROCESS POSTCONSUMER PAINT FOR  END-OF-
 LIFE MANAGEMENT, INCLUDING RECYCLING AND DISPOSAL, USING ENVIRONMENTALLY
 SOUND MANAGEMENT PRACTICES.
   (D)  DESCRIBE  HOW  IT  WILL PROVIDE FOR CONVENIENT AND COST-EFFECTIVE
 STATEWIDE COLLECTION OF POSTCONSUMER ARCHITECTURAL PAINT IN  THE  STATE.
 THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION MAY COORDINATE THE PROGRAM

 S. 9106                             3
 
 WITH EXISTING MUNICIPAL WASTE COLLECTION INFRASTRUCTURE AS  IS  MUTUALLY
 AGREEABLE.  A PAINT RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A
 PAINT COLLECTION SITE IF THE PAINT RETAILER VOLUNTEERS TO  ACT  AS  SUCH
 AND COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.
   (E)  PROVIDE  GEOGRAPHIC MODELING TO DETERMINE THE NUMBER AND DISTRIB-
 UTION OF SITES FOR COLLECTION OF POSTCONSUMER ARCHITECTURAL PAINT  BASED
 ON  THE FOLLOWING CRITERIA (I) AT LEAST NINETY PERCENT OF NEW YORK RESI-
 DENTS SHALL HAVE A COLLECTION SITE WITHIN A  FIFTEEN  MILE  RADIUS;  AND
 (II)  ONE  ADDITIONAL  SITE WILL BE ESTABLISHED FOR EVERY FIFTY THOUSAND
 RESIDENTS OF AN URBANIZED AREA (AS DEFINED BY THE UNITED  STATES  CENSUS
 BUREAU),  UNLESS THE PRODUCER IS A SMALL BUSINESS TAXPAYER AS DEFINED IN
 PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF  THE  TAX
 LAW OR UNLESS OTHERWISE APPROVED BY THE COMMISSIONER.
   (F)  DESCRIBE  THE  INTENDED  TREATMENT,  STORAGE,  TRANSPORTATION AND
 DISPOSAL OPTIONS AND METHODS FOR THE COLLECTION OF  POSTCONSUMER  PAINT.
 THE  MANAGEMENT OF PAINT UNDER THE PROGRAM SHALL PROMOTE REUSE AND RECY-
 CLING.
   (G) DESCRIBE IN  DETAIL  EDUCATION  AND  OUTREACH  EFFORTS  TO  INFORM
 CONSUMERS ABOUT THE PROGRAM. THESE MATERIALS SHOULD INCLUDE (I) INFORMA-
 TION  ABOUT COLLECTION OPPORTUNITIES FOR POSTCONSUMER PAINT; (II) INFOR-
 MATION ABOUT THE CHARGE FOR THE OPERATION OF THE PROGRAM THAT  SHALL  BE
 INCLUDED  BY  THE  PRODUCER  IN THE PRICE CHARGED TO THE RETAILER OF ALL
 ARCHITECTURAL PAINT SOLD IN THE STATE; AND (III) EFFORTS TO PROMOTE  THE
 SOURCE REDUCTION, REUSE, AND RECYCLING OF ARCHITECTURAL PAINT.
   (H)  SET  FORTH  THE  PROCESS  BY WHICH AN INDEPENDENT AUDITOR WILL BE
 SELECTED AND IDENTIFY THE CRITERIA USED BY  THE  PRODUCER  OR  REPRESEN-
 TATIVE ORGANIZATION IN SELECTING AN INDEPENDENT AUDITOR;
   (I)  IDENTIFY,  IN  DETAIL, THE OPERATIONAL PLANS FOR INTERACTING WITH
 RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
   (J) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
   (K) BE REVIEWED BY AN INDEPENDENT FINANCIAL AUDITOR TO ASSURE THAT ANY
 ADDED COST TO PAINT SOLD IN THE STATE AS A RESULT  OF  THE  POSTCONSUMER
 PAINT  COLLECTION  PROGRAM DOES NOT EXCEED THE COSTS OF THE PROGRAM. THE
 INDEPENDENT AUDITOR SHALL VERIFY THAT THE AMOUNT ADDED TO EACH  UNIT  OF
 PAINT WILL COVER THE COSTS OF THE POSTCONSUMER PAINT COLLECTION PROGRAM.
   4. THE INDEPENDENT FINANCIAL AUDITOR MAY BE SELECTED BY THE DEPARTMENT
 AND THE DEPARTMENT SHALL REVIEW THE WORK PRODUCT OF ANY SUCH INDEPENDENT
 AUDITOR. THE DEPARTMENT MAY TERMINATE THE SERVICES OF ANY SUCH INDEPEND-
 ENT  AUDITOR. THE COST OF ANY WORK PERFORMED BY SUCH INDEPENDENT AUDITOR
 SHALL BE FUNDED BY THE PROGRAM.
   5. THE COMMISSIONER SHALL APPROVE OR REJECT  A  PLAN  SUBMITTED  UNDER
 THIS  SECTION  WITHIN  SIXTY DAYS OF SUBMISSION AND, IF REJECTED, INFORM
 THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRITING AS TO  ANY  DEFI-
 CIENCIES  IN  SAID PLAN. A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL
 AMEND AND RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION  WITHIN  SIXTY
 DAYS  OF  NOTIFICATION  OF  THE REJECTION OF SAID PLAN. THE COMMISSIONER
 SHALL APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION.
   6. BEGINNING NOT LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY OR  SIX
 MONTHS  AFTER  THE  PLAN  IS  APPROVED  UNDER  SUBDIVISION  FIVE OF THIS
 SECTION, WHICHEVER OCCURS LATER, THE PRODUCER OR  REPRESENTATIVE  ORGAN-
 IZATION  SHALL  IMPLEMENT  THE  POSTCONSUMER  PAINT  COLLECTION  PROGRAM
 UTILIZING COLLECTION SITES ESTABLISHED  PURSUANT  TO  PARAGRAPH  (E)  OF
 SUBDIVISION THREE OF THIS SECTION.
   7.  NOT LATER THAN THE IMPLEMENTATION DATE OF THE PROGRAM, INFORMATION
 REGARDING THE APPROVED PLAN, THE NAMES OF PARTICIPATING  PRODUCERS,  AND
 THE BRANDS OF ARCHITECTURAL PAINT COVERED BY THE PROGRAM SHALL BE POSTED

 S. 9106                             4
 
 ON  THE  DEPARTMENT'S  WEBSITE  AND  ON  THE WEBSITE OF THE PRODUCER AND
 REPRESENTATIVE ORGANIZATION.
   8.  UPON IMPLEMENTATION OF THE PROGRAM, EACH PRODUCER SHALL INCLUDE IN
 THE PRICE OF ANY ARCHITECTURAL PAINT SOLD TO RETAILERS AND  DISTRIBUTORS
 IN  THE  STATE  THE PER CONTAINER AMOUNT IN THE APPROVED PROGRAM PLAN. A
 RETAILER OR DISTRIBUTOR SHALL NOT DEDUCT THIS AMOUNT FROM  THE  PURCHASE
 PRICE.
   9. A PRODUCER OR RETAILER SHALL NOT SELL, OR OFFER FOR SALE, ARCHITEC-
 TURAL  PAINT  TO  ANY  PERSON  IN  THE STATE UNLESS THE PRODUCER AND THE
 PRODUCER'S BRANDS ARE REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION
 27-2003 OF THIS TITLE ON AND AFTER THE DATE  OF  IMPLEMENTATION  OF  THE
 POSTCONSUMER PAINT COLLECTION PROGRAM.
   10. (A) A RETAILER SHALL BE IN COMPLIANCE WITH THIS SECTION IF, ON THE
 DATE THE ARCHITECTURAL PAINT WAS OFFERED FOR SALE, THE PRODUCER IS LIST-
 ED  ON  THE  DEPARTMENT'S WEBSITE AS IMPLEMENTING OR PARTICIPATING IN AN
 APPROVED PROGRAM OR IF THE PAINT BRAND IS  LISTED  ON  THE  DEPARTMENT'S
 WEBSITE AS BEING INCLUDED IN THE PROGRAM.
   (B)  A  PAINT  COLLECTION SITE AUTHORIZED UNDER THE PROVISIONS OF THIS
 SECTION SHALL NOT CHARGE ANY ADDITIONAL AMOUNT FOR THE DISPOSAL OF PAINT
 WHEN IT IS OFFERED FOR DISPOSAL.
   11. (A) A PRODUCER OR THE REPRESENTATIVE ORGANIZATION  THAT  ORGANIZES
 THE  COLLECTION,  TRANSPORT  AND PROCESSING OF POSTCONSUMER PAINT, IN AN
 ACTION SOLELY TO INCREASE THE RECYCLING  OF  ARCHITECTURAL  PAINT  BY  A
 PRODUCER,  REPRESENTATIVE  ORGANIZATION,  OR  RETAILER  THAT AFFECTS THE
 TYPES AND QUANTITIES BEING RECYCLED OR THE COST  AND  STRUCTURE  OF  ANY
 RETURN PROGRAM SHALL NOT BE LIABLE FOR ANY CLAIM OF A VIOLATION OF ANTI-
 TRUST,  RESTRAINT OF TRADE OR UNFAIR TRADE PRACTICE ARISING FROM CONDUCT
 UNDERTAKEN IN ACCORDANCE WITH THE PROGRAM PURSUANT TO THIS SECTION.
   (B) PROVIDED HOWEVER, PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO  ANY  AGREEMENT  ESTABLISHING  OR AFFECTING THE PRICE OF PAINT
 EXCEPT FOR THE POSTCONSUMER PAINT COLLECTION ASSESSMENT OR THE OUTPUT OR
 PRODUCTION OF PAINT OR ANY AGREEMENT RESTRICTING THE GEOGRAPHIC AREA  OR
 CUSTOMERS TO WHICH PAINT WILL BE SOLD.
   12.  THE  OPERATOR OF THE POST CONSUMER PAINT COLLECTION PROGRAM SHALL
 UPDATE THE PLAN, AS NEEDED, WHEN  THERE  ARE  CHANGES  PROPOSED  TO  THE
 CURRENT  PROGRAM. A NEW PLAN OR AMENDMENT WILL BE REQUIRED TO BE SUBMIT-
 TED TO THE DEPARTMENT FOR APPROVAL WHEN:
   (A) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
   (B) THERE IS A REVISION OF THE PROGRAM'S GOALS; OR
   (C) EVERY FOUR YEARS.
   THE OPERATOR OF THE POSTCONSUMER PAINT COLLECTION PROGRAM SHALL NOTIFY
 THE DEPARTMENT ANNUALLY, IN WRITING, IF THERE ARE NO CHANGES PROPOSED TO
 THE PROGRAM AND THE PRODUCER OR REPRESENTATIVE ORGANIZATION  INTENDS  TO
 CONTINUE  IMPLEMENTATION  OF  THE  PROGRAM AS PREVIOUSLY APPROVED BY THE
 DEPARTMENT.
   13. ANY PERSON WHO BECOMES A PRODUCER ON OR AFTER JANUARY  FIRST,  TWO
 THOUSAND  TWENTY  SHALL SUBMIT A PLAN TO THE DEPARTMENT PRIOR TO SELLING
 OR OFFERING FOR SALE IN THE STATE  ANY  ARCHITECTURAL  PAINT,  AND  MUST
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
 § 27-2005. REPORTING REQUIREMENTS.
   1.  ON  OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND TWENTY, AND ANNUALLY
 THEREAFTER, EACH OPERATOR OF A PROGRAM SHALL  SUBMIT  A  REPORT  TO  THE
 COMMISSIONER  THAT DETAILS THE POSTCONSUMER PAINT COLLECTION PROGRAM FOR
 THE PRIOR YEAR'S PROGRAM FROM JULY FIRST TO JUNE THIRTIETH.  THE  REPORT
 SHALL  BE POSTED ON THE DEPARTMENT'S WEBSITE. THE REPORT SHALL BE POSTED
 ON THE WEBSITE OF THE PRODUCER AND REPRESENTATIVE  ORGANIZATION.    SAID

 S. 9106                             5

 REPORT  SHALL  INCLUDE A COPY OF THE INDEPENDENT AUDIT DETAILED IN PARA-
 GRAPH (D) OF THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
   (A)  A  DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT
 AND  PROCESS  POSTCONSUMER  PAINT  IN  THE  STATE  INCLUDING   DETAILING
 COLLECTION  METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
 PROGRAM'S COLLECTION CONVENIENCE;
   (B) THE OVERALL VOLUME OF POSTCONSUMER PAINT COLLECTED IN THE STATE;
   (C) THE VOLUME AND TYPE OF POSTCONSUMER PAINT COLLECTED IN  THE  STATE
 BY  METHOD  OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER METHODS
 OF PROCESSING OR DISPOSAL;
   (D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS  DETERMINED  BY  AN
 INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
   (E)  SAMPLES  OF  ALL  EDUCATIONAL  MATERIALS PROVIDED TO CONSUMERS OF
 ARCHITECTURAL PAINT AND RETAILERS; AND
   (F) A DETAILED LIST OF EFFORTS UNDERTAKEN AND  AN  EVALUATION  OF  THE
 METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED.
   2.  THE  DEPARTMENT SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION
 OF THIS TITLE IN THIS STATE TO THE GOVERNOR  AND  LEGISLATURE  BY  APRIL
 FIRST,  TWO  THOUSAND  TWENTY-ONE  AND  EVERY  TWO YEARS THEREAFTER. THE
 REPORT MUST INCLUDE, AT A MINIMUM, AN EVALUATION OF:
   (A) THE ARCHITECTURAL PAINT STREAM IN THE STATE;
   (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR ARCHITECTURAL
 PAINT;
   (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
 MENTS OF THIS TITLE; AND
   (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
 § 27-2007. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL PROMULGATE ALL NECESSARY RULES AND REGULATIONS
 INCLUDING, BUT NOT LIMITED TO, STANDARDS FOR REUSE.
   2. THE DEPARTMENT SHALL (A) MAINTAIN  A  LIST  OF  PRODUCERS  WHO  ARE
 IMPLEMENTING OR PARTICIPATING PURSUANT TO SECTION 27-2003 OF THIS TITLE,
 (B)  MAINTAIN  A  LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C) POST SUCH
 LISTS ON THE DEPARTMENT'S WEBSITE.
   § 2. This act shall take effect immediately.