senate Bill S3130

Provides for the provision to consumers of information concerning household hazardous products at the point of retail sale by labels and pamphlets

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Feb / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Establishes a program to provide information to consumers concerning household hazardous products; such information to be available at the point of retail sale by labels and pamphlets; provides such information should disclose hazards and inform people of environmentally safer alternatives; provides for the establishment of a hazardous product list by the department of environmental conservation.

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Bill Details

See Assembly Version of this Bill:
A6981
Versions:
S3130
Legislative Cycle:
2011-2012
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title IV ยง37-0401, En Con L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2066, A6431
2007-2008: A4494

Sponsor Memo

BILL NUMBER:S3130

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to retail
shelf labeling of household hazardous products and related consumer
information

PURPOSE:
To inform consumers about which household products are hazardous; and to
provide information about safe disposal of such products and
environmentally safer alternatives. Such information shall be provided
at the point of retail selection.

SUMMARY OF PROVISIONS:
The household hazardous waste shelf labeling law would require all
retailers to place hazardous waste stickers or labels on the shelf
displaying any products that contain hazardous chemicals. The labels
would alert consumers that such products contain hazardous
substances. The law would also require the Department of Environmental
Conservation to prepare pamphlets that describe how to safely dispose of
such household products and information about environmentally safer
alternatives. Retailers would then be required to display such pamphlets
in the vicinity of the household hazardous products.

The bill requires the Department to promulgate a list of hazardous
chemicals which if contained in a household product at a concentration
at or above one percent shall cause the product to be subject to the
shelf labeling law. The bill also provides for the Department to
establish an exemption procedure for a product that falls within a
product category but that does not contain hazardous ingredients. The
product manufacturer shall be responsible for obtaining the exemption.

JUSTIFICATION:
Many products that are used routinely by consumers in their households
contain the same toxic, explosive, and corrosive chemicals also found in
high volume, commercial and industrial by-products and
wastes. Federal and state laws require industrial and commercial
generators of hazardous substances and wastes to track the hazardous
chemicals they use and to dispose of them at specially equipped
landfills and incinerators. But similar regulations and safeguards are
not applied to hazardous wastes generated by households.

Products commonly used in households that contain hazardous substances
include pesticides, fertilizers, paint thinners, cleaning fluids, drain
openers, and various automotive
chemicals. One study found that the average U.S. household may have
from three to ten gallons of unwanted, leftover hazardous chemicals
stored unsafely at their residence. Additionally, there are few sound
disposal methods currently available for even the most aware consumer.
Consequently, most, if not all, of those hazardous wastes end up buried
in a landfill or flowing through municipal sewage treatment plants that

are not equipped to remove or detoxify them. Current disposal practices
pose dangers as home fire hazards and as occupational hazards to
sanitation workers. Moreover, household hazardous wastes are suspected
of contaminating groundwater through leaking landfills, and surface
waters through discharges from poorly equipped sewage treatment
plants. The remediation of such contamination is often very costly to
the community and the State.

Around the nation, local and state governments have responded by
spending heavily on collective drives to keep household users from
simply pouring leftover products down the drain or tossing them into the
trash can. Such drives are costly and not necessarily effective because
they are typically held irregularly and
infrequently. Furthermore, questions surrounding municipal liability
for such programs have caused many communities to cancel or forego
household hazardous waste collection days.

The reduction of the use of household hazardous products is a more
economical and efficient approach than collection drives. Voluntary
choices by informed consumers will substantially reduce the generation
of household hazardous wastes and prevent improper
disposal. Information indicating that a household product is hazardous
shall be readily displayed by retailers on product shelves through the
use of shelf labels. Information about disposal and environmentally
safer alternatives shall be contained in brochures to be displayed
nearby. By providing adequate consumer information at the point of
retail selection, the amount of household hazardous wastes entering the
waste stream and contaminating the environment will be significantly
reduced. This is because most citizens will voluntarily choose to
protect the environment and not pollute it.

A similar law has existed in the State of Vermont since 1990.

FISCAL IMPLICATIONS:
There will be a cost to the State for program administration and for
informational pamphlets.

PRIOR LEGISLATION:
1999/00 A.6862 S.2799; 2001/02
A.850 - S.4080; 2003/04 A.1952/S.643;
2005/06 A.6526 - S.1059
2009/10 A.6431 - Referred to Environmental Conservation; S.2066 -
Referred to Environmental Conservation

EFFECTIVE DATE:
One year from date of enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3130

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced by Sens. HUNTLEY, ADAMS, DIAZ, SAVINO, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  retail shelf labeling of  household  hazardous  products  and  related
  consumer information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 4 to read as follows:
                                 TITLE IV
           HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION
SECTION 37-0401. HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION.
S 37-0401. HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION.
  1. TO THE EXTENT FUNDS ARE AVAILABLE, THE DEPARTMENT SHALL, IN CONSUL-
TATION WITH NEW YORK RETAILERS AND PRODUCT  MANUFACTURERS,  ESTABLISH  A
PROGRAM TO:
  A.  PROVIDE  INFORMATION  TO  RETAILERS  WITH RESPECT TO THE HAZARDOUS
PRODUCTS SPECIFIED IN SUBDIVISION  TWO  OF  THIS  SECTION  AND  ENVIRON-
MENTALLY SAFER ALTERNATIVES TO THOSE PRODUCTS;
  B.  PROVIDE  LABELS  FOR  RETAIL  USE  WITH  RESPECT  TO THE HAZARDOUS
PRODUCTS;
  C. PROVIDE PAMPHLETS FOR CONSUMERS, TO BE MADE AVAILABLE BY  RETAILERS
AT  THE  POINT  OF  SALE,  DESCRIBING  THE  TOXICITY  OF THESE HAZARDOUS
PRODUCTS, SAFER DISPOSAL METHODS, AND  ALTERNATIVE  PRODUCTS  WHICH  ARE
ENVIRONMENTALLY SAFER; AND
  D.  REQUIRE  THAT  RETAIL  ESTABLISHMENTS  DISPLAY  THESE  LABELS  AND
PAMPHLETS  ON  SHELVES,  OR  IN  THE  IMMEDIATE  VICINITY  OF  HAZARDOUS
PRODUCTS, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  2.  "HAZARDOUS  PRODUCTS" FOR THE PURPOSES OF THIS SECTION ARE DEFINED
AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02471-01-1

S. 3130                             2

  A. AUTOMOTIVE PRODUCTS INCLUDING MOTOR OIL, TRANSMISSION FLUID, ENGINE
LUBRICANTS AND CLEANERS, OIL, AND TRANSMISSION FLUID ADDITIVES, GASOLINE
ADDITIVES, GAS LINE FREEZE-UP PRODUCTS, ANTIFREEZE, AND WINDSHIELD WIPER
SOLUTIONS;
  B.  SHOE  POLISHES,  FLOOR WAXES, CAR WAXES, FURNITURE POLISHES, SPRAY
DUST CLEANERS, FURNITURE STAINS AND WOOD PRESERVATIVES;
  C. MINERAL SPIRITS, TURPENTINE, ALCOHOLS NOT  FOR  HUMAN  CONSUMPTION,
CRESOL, AND NAPHTHA;
  D.  PAINTS,  WHETHER  FOR  BRUSH OR SPRAY APPLICATION, AEROSOL PAINTS,
LACQUERS, AND THINNERS (EXCEPT WATER);
  E. DRAIN CLEANERS, SINK AND TOILET BOWL CLEANERS, AND OVEN CLEANERS;
  F. SPOT AND STAIN REMOVERS WITH PETROLEUM BASE;
  G. PETROLEUM BASED FERTILIZERS SOLD FOR RESIDENTIAL APPLICATION;
  H. PESTICIDES SOLD FOR RESIDENTIAL APPLICATION; AND
  I. LEAD-ACID BATTERIES, SWIMMING POOL CHEMICALS,  PHOTOGRAPHIC  CHEMI-
CALS,  MOST GLUES AND ADHESIVES, SELF-LIGHTING CHARCOAL, CHARCOAL LIGHT-
ER, BUTANE LIGHTERS, AND ALL AEROSOLS (EXCEPT PERSONAL CARE PRODUCTS).
  3. THE DEPARTMENT MAY, BY REGULATION, ADD TO OR DELETE FROM  THE  LIST
ESTABLISHED  IN  SUBDIVISION TWO OF THIS SECTION, AS DEEMED APPROPRIATE.
SIMILARLY, THE DEPARTMENT MAY DELETE FROM  THE  LIST  SPECIFIC  PRODUCTS
THAT  DO  NOT  CONTAIN A HAZARDOUS CHEMICAL IN CONCENTRATION AT OR ABOVE
ONE PERCENT. A HAZARDOUS CHEMICAL, FOR PURPOSES OF THIS  SECTION,  SHALL
BE CONSISTENT WITH HAZARDOUS CHEMICALS LISTED IN REGULATIONS PROMULGATED
IN  ACCORDANCE  WITH  TITLE  9  OF ARTICLE 27 OF THIS CHAPTER. A PRODUCT
MANUFACTURER OF ANY PRODUCT LISTED IN SUBDIVISION TWO  OF  THIS  SECTION
MAY  PETITION  THE  DEPARTMENT  FOR AN EXEMPTION IF THE PRODUCT DOES NOT
CONTAIN A HAZARDOUS CHEMICAL IN CONCENTRATION AT OR ABOVE ONE PERCENT.
  S 2. This act shall take effect one year after it shall have become  a
law, provided, however, that effective immediately, the addition, amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of the foregoing section of this act on its effective date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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