Check that Used-clothing Bin Before You Donate

A new law combats the proliferation of clothing collection bins provided by fake charities in New York by imposing stricter regulations on the placement, maintenance and transparency of collection bins across the state.

It’s needed. A New York Times investigation in 2014 found the bins are often illegally placed and are used for profit by operators who sell used clothing in bulk to thrift stores and retailers abroad.

“Fake charities are benefiting from the generous nature of our community by misleading people into believing their donations are going to help those in need of assistance,” said Assemblyman Edward C. Braunstein (D-Bayside), one of the bill’s sponsors. “These bins are frequently placed on sidewalks and other public places, damaging the quality of life of our neighborhoods. This law will ensure that fake charities no longer benefit from their deceptive actions.”

The legislation, signed by Gov. Andrew M. Cuomo, prohibits placement of collection bins on public property and imposes maintenance requirements of such bins. The law also strengthens operator transparency by imposing disclosure requirements, including indication as a for-profit business or nonprofit organization. Additionally, disclosure is required if the bin is operated by a for-profit business in conjunction with a nonprofit organization. Bin owners are subject to fines for violations of the bill’s disclosure and maintenance requirements.

The news was hailed by Secondary Materials and Recycled Textiles (SMART), an international nonprofit trade association.

SMART worked with New York legislators to draft the bill. In fact, SMART’s Draft Bin Legislation and Guidance Document, along with the association’s Bin Operator Code of Conduct served as guiding documents. The association has worked with legislators nationwide on the state and municipality levels to develop and enact bin legislation, including Kentucky, Illinois, California, Virginia and Maryland.

“On behalf of our membership, SMART continues to advocate for legislation like Bill A.5317 across the country that requires stricter regulations of transparency, placement and maintenance for clothing collection bin operators,” said SMART Executive Director Jackie King. “Our members abide by a rigorous Code of Conduct and support any measures that address potential ‘bad actors’ within the recycling/reuse community.”