Bergeson & Campbell, P.C.

Additional information on New York `chemical avoidance list`


Source: Bergeson & Campbell, P.C.

In our memorandum dated January 6, 2010, we alerted you to a recent activity in New York in connection with the development of a 'chemical avoidance list.' The list, which reportedly consists of approximately 85 chemicals, would include chemicals that New York government agencies should avoid buying.

By way of background, last May the Advisory Council of the New York Interagency Committee on Sustainability and Green Procurement voted 9-1 to recommend adoption of the not-yet published list. The Interagency Committee met more recently on December 22, 2009, to allow both sides of the issue to present their reasons for supporting and opposing the list. Following the presentations, the Interagency Committee submitted the list to its Subcommittee on Procurement for further consideration and recommendation.

Advocates opposing the list have identified certain procedural and substantive issues related to the development of the list, among other issues. We understand that the process regarding the development of the list has a ways to go yet, and that at present, New York state agencies need not abide by any list in making their procurement decisions.

This issue is being carefully watched, and we will let you know of any new developments.

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