senate Bill S1223

Relates to regulation of toxic chemicals in children's products

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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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  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to regulation of toxic chemicals in children's products; establishes the interstate chemical clearinghouse.

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Bill Details

Versions:
S1223
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §§37-0901 - 37-0917, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A3141A, S1526B
2009-2010: A10089B, S7070D

Sponsor Memo

BILL NUMBER:S1223

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
regulation of toxic
chemicals in children's products

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
provide greater regulation of children's products to ensure their
health and well-being.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:
* define children's apparel
* define chemical
* define chemical of high concern
* define children
* define children's product
* define distributor
* define manufacturer
* define novelty product
* define priority chemical
* define toy

* requires the Department of Environmental Conservation to establish a
website within one hundred and eighty days of the effective date of
this title, that is accessible to the public which lists all chemicals
of high concern and all priority chemicals;

* allows the Department of Environmental Conservation, in consultation
with the Department of Health to periodically review the list of
chemicals of high concern and identify or remove priority chemicals or
chemicals of high concern or based on credible scientific evidence;

*permit designation of a priority chemical if:

o found to be present in humans
o found to be present in household dust, indoor air, or drinking water
o found to be present in fish, wildlife or the natural environment;
o found to be present in a consumer product or present in the home,
school or children's day care center
o banned for sale in another state

* require every manufacturer that offers a children's product for sale
in this state that contains an intentionally added priority chemical,
to report to the department, in a form prescribed by the department,
the following information:

o the identification of the product
o the name of the priority chemical
o the intended purpose of the chemicals

* authorize DEC to waive all or part of the reporting requirement for
one or more specified uses of a priority chemical;


* require a manufacturer or distributor of a children's product
containing a priority chemical to notify persons that offer the
children's product for sale or distribution in the state, of the
presence of such priority chemical, and provide such persons with
information regarding the toxicity of such chemical;

* require the manufacturer or distributor to pay a fee upon submitting
the report of chemical use or waiver request in the amount of six
hundred dollars per chemical;

* prohibit the sale, effective January 1, 2016, of a children's product
containing a priority chemical;

* specify that the provisions of this act shall apply only to new
products;

o exempt the following uses:
o in or for manufacturing;
o motor vehicles, watercrafts, combustion by-products, all terrain
vehicles or their component parts, or off-highway motorcycles or
their components;
o priority chemicals generated solely as combustion by-products or
that are present in combustible fuels;
o retailers who do not knowingly sell a prohibited children's product;

* prohibit the sale or distribution of a children's product if the
manufacturer or distributor has failed to provide the required
information; and,

* authorize DEC to participate in an interstate chemical clearing
house to assist in carrying out this title

JUSTIFICATION:
Currently, New York identifies or prohibits the use of
dangerous chemicals on a chemical by chemical basis. This approach is
especially problematic for children's products since children are
often more vulnerable to smaller amounts of chemicals. Several other
states, including Washington, California, and Maine have adopted more
comprehensive chemical policies, This. legislation is modeled after
those states and is intended to prevent the
use of dangerous chemicals and ensure the use of safer chemical
alternatives in children's products.

PRIOR LEGISLATIVE HISTORY:
03/10/10 (S.7070) REFERRED TO ENVIRONMENTAL CONSERVATION
05/03/10 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
05/18/10 REPORTED AND COMMITTED TO CODES
06/15/10 COMMITTEE DISCHARGED AND COMMITTED TO RULES
01/10/11 (S.1526) REFERRED TO ENVIRONMENTAL CONSERVATION
12/30/11 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
01/04/12 REFERRED TO ENVIRONMENTAL CONSERVATION
06/13/12 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
implications to the state since the state already funds the
Interstate Chemical Clearinghouse. Will save counties in the state


money that would normally be expended on hospitalization costs of
children who may potentially suffer from negative health effects
caused by unsafe children's products.

EFFECTIVE DATE:
This act shall take effect on the 120th day.

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

                                  1223

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERKINS,  ADAMS,  ADDABBO, AVELLA, BRESLIN, DIAZ,
  DILAN, GIANARIS, HASSELL-THOMPSON, KRUEGER, MONTGOMERY, PARKER, PERAL-
  TA, SAVINO, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS -- 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 regu-
  lation of toxic chemicals in children's products

  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 9 to read as follows:
                                TITLE IX
                 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0901. DEFINITIONS.
        37-0903. CHEMICALS OF HIGH CONCERN.
        37-0905. PRIORITY CHEMICALS.
        37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
        37-0909. SALES PROHIBITION.
        37-0911. APPLICABILITY.
        37-0913. ENFORCEMENT AND IMPLEMENTATION.
        37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
        37-0917. REGULATIONS.
S 37-0901. DEFINITIONS.
  AS  USED  IN  THIS  TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
  1. "CHILDREN'S APPAREL" MEANS ANY ITEM OF CLOTHING  THAT  CONSISTS  OF
FABRIC  OR  RELATED  MATERIAL INTENDED OR PROMOTED FOR USE IN CHILDREN'S
CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
TO PREVENT INJURY, INCLUDING,  BUT  NOT  LIMITED  TO,  BICYCLE  HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04204-01-3

S. 1223                             2

  2.  "CHEMICAL" MEANS A SUBSTANCE WITH A DISTINCT MOLECULAR COMPOSITION
OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE BREAKDOWN
PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
DEGRADATION OR METABOLISM.
  3. "CHEMICAL OF HIGH CONCERN" MEANS A CHEMICAL INCLUDED IN THE LIST OF
"CHEMICALS  OF  HIGH CONCERN" PUBLISHED IN JUNE 2009 PURSUANT TO CHAPTER
16-D OF TITLE 38 OF THE MAINE REVISED STATUTES ANNOTATED.
  4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
  5. "CHILDREN'S PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED  FOR,  MADE
FOR  OR MARKETED FOR USE BY CHILDREN, INCLUDING BABY PRODUCTS, TOYS, CAR
SEATS, PERSONAL CARE PRODUCTS, A PRODUCT DESIGNED  OR  INTENDED  BY  THE
MANUFACTURER  TO  HELP  A  CHILD WITH SUCKING OR TEETHING, TO FACILITATE
SLEEP, RELAXATION, OR THE FEEDING OF A CHILD, NOVELTY PRODUCTS, BEDDING,
FURNITURE, FURNISHINGS, AND CHILDREN'S APPAREL.    "CHILDREN'S  PRODUCT"
DOES  NOT  INCLUDE  (A)  BATTERIES;  OR (B) CONSUMER ELECTRONIC PRODUCTS
INCLUDING BUT NOT LIMITED TO PERSONAL COMPUTERS, AUDIO AND VIDEO  EQUIP-
MENT,  CALCULATORS, WIRELESS PHONES, GAME CONSOLES, AND HANDHELD DEVICES
INCORPORATING A VIDEO SCREEN, USED TO ACCESS  INTERACTIVE  SOFTWARE  AND
THEIR  ASSOCIATED  PERIPHERALS; OR (C) A FOOD OR BEVERAGE OR AN ADDITIVE
TO A FOOD OR BEVERAGE REGULATED BY  THE  UNITED  STATES  FOOD  AND  DRUG
ADMINISTRATION;  OR (D) A TOBACCO PRODUCT OR PAPER OR FOREST PRODUCT; OR
(E) A PESTICIDE REGULATED BY THE UNITED STATES ENVIRONMENTAL  PROTECTION
AGENCY.    CHILDREN'S  PRODUCT ALSO DOES NOT INCLUDE A DRUG, BIOLOGIC OR
MEDICAL DEVICE REGULATED BY THE UNITED STATES  FOOD  AND  DRUG  ADMINIS-
TRATION.
  6.  "DISTRIBUTOR"  MEANS  A  PERSON  WHO  SELLS CHILDREN'S PRODUCTS TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  7. "INTENTIONALLY ADDED" MEANS THE DELIBERATE USE IN  THE  FORMULATION
OF  A  PRODUCT OR SUBPART WHERE ITS CONTINUED PRESENCE IS DESIRED IN THE
FINAL PRODUCT OR SUBPART TO PROVIDE A SPECIFIC  CHARACTERISTIC,  APPEAR-
ANCE OR QUALITY.
  8.  "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A FINAL
CHILDREN'S PRODUCT OR WHOSE BRAND NAME  IS  AFFIXED  TO  THE  CHILDREN'S
PRODUCT.  IN THE CASE OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE
UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER  OR  FIRST  DOMESTIC
DISTRIBUTOR  OF THE CHILDREN'S PRODUCT IF THE PERSON WHO CURRENTLY MANU-
FACTURES OR ASSEMBLES THE CHILDREN'S PRODUCT  OR  WHOSE  BRAND  NAME  IS
AFFIXED TO THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED
STATES.
  9.  "NOVELTY  PRODUCT" MEANS A PRODUCT INTENDED MAINLY FOR PERSONAL OR
HOUSEHOLD ENJOYMENT OR ADORNMENT. NOVELTY PRODUCTS INCLUDE, BUT ARE  NOT
LIMITED TO, ITEMS INTENDED FOR USE AS PRACTICAL JOKES, FIGURINES, ADORN-
MENTS, TOYS, GAMES, CARDS, ORNAMENTS, YARD STATUES AND FIGURES, CANDLES,
JEWELRY, HOLIDAY DECORATIONS, OR SIMILAR PRODUCTS.
  10. "PRIORITY CHEMICAL" MEANS (A) THE FOLLOWING CHEMICALS:
  CASRN115-96-8     TRIS (2-CHLOROETHYL) PHOSPHATE
  CASRN71-43-2      BENZENE
  CASRN7439-92-1    LEAD AND COMPOUNDS (INORGANIC)
  CASRN7439-97-6    MERCURY AND MERCURY COMPOUNDS, INCLUDING METHYL
                    MERCURY (CASRN 22967-92-6)
  CASRN7439-98-7    MOLYBDENUM AND MOLYBDENUM COMPOUNDS
  CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS
  CASRN7440-38-2    ARSENIC AND ARSENIC COMPOUNDS INCLUDING ARSENIC
                    TRIOXIDE (CASRN 1327-53-3)
                    AND DIMETHYL ARSENIC (CASRN 75-60-5)
  CASRN7440-43-9    CADMIUM

S. 1223                             3

  CASRN7440-48-4    COBALT AND COBALT COMPOUNDS AND
  (B)  A  CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0905
OF THIS TITLE.
  11. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER  TO
BE USED BY A CHILD AT PLAY.
S 37-0903. CHEMICALS OF HIGH CONCERN.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE  OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
BLE TO THE PUBLIC IS  ESTABLISHED  THAT  LISTS  ALL  CHEMICALS  OF  HIGH
CONCERN.
  2.  PERIODIC  REVIEW.  (A)  THE  DEPARTMENT,  IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, MAY PERIODICALLY REVIEW THE LIST OF  CHEMICALS  OF
HIGH  CONCERN  AND, THROUGH REGULATION, IDENTIFY ADDITIONAL CHEMICALS OF
HIGH CONCERN, OR REMOVE A CHEMICAL FROM THE LIST OF  CHEMICALS  OF  HIGH
CONCERN  BASED  ON EVIDENCE THAT THE CHEMICAL DOES NOT MEET THE CRITERIA
OF THIS SUBDIVISION.  IN THE EVENT THAT A NEW DETERMINATION IS MADE BY A
STATE, FEDERAL OR INTERNATIONAL  GOVERNMENTAL  ENTITY  THAT  A  CHEMICAL
MEETS  THE  HIGH  CONCERN  CRITERIA,  NOTHING  HEREIN  SHALL PREVENT THE
DEPARTMENT FROM ACTING TO ADD SUCH CHEMICALS  OUTSIDE  OF  THE  PERIODIC
REVIEW PROCESS.
  (B)  THE  DEPARTMENT SHALL, UPON THIS REVIEW, IDENTIFY A CHEMICAL AS A
CHEMICAL OF HIGH CONCERN IF IT DETERMINES THAT  THE  CHEMICAL  HAS  BEEN
IDENTIFIED  BY  A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY ON
THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS:
  (I) A CARCINOGEN, A  REPRODUCTIVE  OR  DEVELOPMENTAL  TOXICANT  OR  AN
ENDOCRINE DISRUPTOR;
  (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
  (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
  (C)  IN  MAKING SUCH DETERMINATION, THE DEPARTMENT MAY CONSIDER BUT IS
NOT LIMITED TO CONSIDERING:
  (I) CHEMICALS IDENTIFIED AS "GROUP 1 CARCINOGENS" OR "GROUP 2A  CARCI-
NOGENS"  BY  THE  WORLD  HEALTH  ORGANIZATION,  INTERNATIONAL AGENCY FOR
RESEARCH ON CANCER;
  (II) CHEMICALS IDENTIFIED AS "KNOWN TO  BE  A  HUMAN  CARCINOGEN"  AND
"REASONABLY  ANTICIPATED  TO  BE A HUMAN CARCINOGEN" BY THE SECRETARY OF
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN  SERVICES  PURSUANT  TO
THE PUBLIC HEALTH SERVICE ACT, 42 UNITED STATES CODE, SECTION 241(B)(4),
AS AMENDED;
  (III) CHEMICALS IDENTIFIED AS "GROUP A CARCINOGENS" OR "GROUP B CARCI-
NOGENS" BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  (IV)  CHEMICALS  IDENTIFIED AS REPRODUCTIVE OR DEVELOPMENTAL TOXICANTS
BY:
  (A) THE  UNITED  STATES  DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES,
NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE EVALUATION OF RISKS TO HUMAN
REPRODUCTION; AND
  (B) THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF ENVIRON-
MENTAL  HEALTH  HAZARD  ASSESSMENT PURSUANT TO THE CALIFORNIA HEALTH AND
SAFETY CODE, SAFE DRINKING WATER AND  TOXIC  ENFORCEMENT  ACT  OF  1986,
CHAPTER 6.6, SECTION 25249.8;
  (V) CHEMICALS IDENTIFIED AS A CHEMICAL OF HIGH CONCERN FOR CHILDREN OR
A HIGH PRIORITY CHEMICAL OF HIGH CONCERN FOR CHILDREN OR AS A PERSISTENT
BIOACCUMULATIVE  TOXIC CHEMICAL BY THE STATE OF WASHINGTON DEPARTMENT OF
ECOLOGY, PURSUANT TO CHAPTER 70.240 OF THE REVISED CODE OF WASHINGTON OR
CHAPTER 173-333 OF THE STATE OF WASHINGTON ADMINISTRATIVE CODE;

S. 1223                             4

  (VI) CHEMICALS OF HIGH CONCERN AS SUCH CHEMICALS ARE IDENTIFIED BY THE
STATE OF MAINE'S DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND  APPEARING
ON SUCH DEPARTMENT'S LIST OF CHEMICALS OF HIGH CONCERN;
  (VII)  CHEMICALS  IDENTIFIED  AS  KNOWN OR LIKELY ENDOCRINE DISRUPTORS
THROUGH SCREENING OR TESTING  CONDUCTED  IN  ACCORDANCE  WITH  PROTOCOLS
DEVELOPED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT
TO THE UNITED STATES FOOD, DRUG AND COSMETIC ACT, 21 UNITED STATES CODE,
346A(P), AS AMENDED BY THE FEDERAL FOOD QUALITY PROTECTION  ACT  (PUBLIC
LAW  104-170)  OR  THE FEDERAL SAFE DRINKING WATER ACT, 42 UNITED STATES
CODE, SECTION 300J-17;
  (VIII) CHEMICALS LISTED ON THE BASIS OF  ENDOCRINE-DISRUPTING  PROPER-
TIES  IN  ANNEX  XIV, LIST OF SUBSTANCES SUBJECT TO AUTHORISATION, REGU-
LATION (EC) NO 1907/2006  OF  THE  EUROPEAN  PARLIAMENT  CONCERNING  THE
REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS;
  (IX)  PERSISTENT,  BIOACCUMULATIVE  AND  TOXIC CHEMICALS IDENTIFIED BY
OTHER STATES OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AND
  (X) A VERY PERSISTENT, VERY BIOACCUMULATIVE CHEMICAL LISTED  IN  ANNEX
XIV,  LIST  OF  SUBSTANCES  SUBJECT TO AUTHORISATION, REGULATION (EC) NO
1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE REGISTRATION, EVALU-
ATION, AUTHORISATION AND RESTRICTION OF CHEMICALS.
S 37-0905. PRIORITY CHEMICALS.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE  ACCESSI-
BLE TO THE PUBLIC IS ESTABLISHED THAT LISTS ALL PRIORITY CHEMICALS.
  2.  PERIODIC  REVIEW.  (A)  THE  DEPARTMENT,  IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, MAY PERIODICALLY REVIEW THE LIST OF PRIORITY CHEM-
ICALS AND, THROUGH REGULATION, IDENTIFY ADDITIONAL PRIORITY CHEMICALS OR
REMOVE A CHEMICAL FROM THE LIST OF PRIORITY CHEMICALS BASED ON  EVIDENCE
THAT  THE  CHEMICAL  IS NOT PRESENT IN A CHILDREN'S PRODUCT OR OTHERWISE
SHOULD NOT BE SUBJECT TO THE REQUIREMENTS OF THIS TITLE.   IN THE  EVENT
THAT  A  NEW  DETERMINATION IS MADE BY A STATE, FEDERAL OR INTERNATIONAL
GOVERNMENTAL ENTITY THAT A CHEMICAL MEETS THE PRIORITY  CHEMICAL  CRITE-
RIA, NOTHING HEREIN SHALL PREVENT THE DEPARTMENT FROM ACTING TO ADD SUCH
CHEMICALS OUTSIDE OF THE PERIODIC REVIEW PROCESS.
  (B) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
IDENTIFY  A  CHEMICAL  AS  A  PRIORITY CHEMICAL IF, UPON SUCH REVIEW, IT
DETERMINES THAT A CHEMICAL OF HIGH CONCERN MEETS ANY  OF  THE  FOLLOWING
CRITERIA:
  (I)  THE  CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND THROUGH BIOMONI-
TORING TO BE PRESENT IN HUMANS, INCLUDING HUMAN  BLOOD,  UMBILICAL  CORD
BLOOD, BREAST MILK, URINE OR OTHER BODILY TISSUES OR FLUIDS;
  (II)  THE  CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS TO BE
PRESENT IN HOUSEHOLD DUST, INDOOR AIR, DRINKING WATER  OR  ELSEWHERE  IN
THE HOME ENVIRONMENT;
  (III)  THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT IN
FISH, WILDLIFE OR THE NATURAL ENVIRONMENT;
  (IV) THE CHEMICAL IS PRESENT IN A CHILDREN'S PRODUCT USED  OR  PRESENT
IN THE HOME, SCHOOL, OR CHILDCARE CENTER; OR
  (V) THE SALE OR USE OF THE CHEMICAL OR A PRODUCT CONTAINING THE CHEMI-
CAL  HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE UNITED STATES
BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
  (C) IF A CHEMICAL IS REMOVED FROM THE LISTING  OF  CHEMICALS  OF  HIGH
CONCERN, IT SHALL ALSO BE UNDESIGNATED AS A PRIORITY CHEMICAL.
S 37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
  1.  REPORTING  OF  CHEMICAL  USE.  NO LATER THAN TWELVE MONTHS AFTER A
PRIORITY CHEMICAL IS LISTED ON THE LIST PUBLISHED  PURSUANT  TO  SECTION

S. 1223                             5

37-0905  OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S PROD-
UCT FOR SALE OR DISTRIBUTION IN  THIS  STATE  THAT  CONTAINS  AN  INTEN-
TIONALLY  ADDED  PRIORITY CHEMICAL SHALL REPORT SUCH CHEMICAL USE TO THE
DEPARTMENT  IN  A  FORM PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY
COLLABORATE WITH OTHER STATES AND AN INTERSTATE CHEMICALS  CLEARINGHOUSE
IN DEVELOPING SUCH FORM.
  (A) THIS REPORT MUST AT A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT, THE
PRIORITY  CHEMICAL OR CHEMICALS CONTAINED IN THE CHILDREN'S PRODUCT, AND
THE INTENDED PURPOSE OF THE CHEMICALS IN THE CHILDREN'S  PRODUCT.    THE
DEPARTMENT MAY ALSO REQUIRE REPORTING OF THE FOLLOWING INFORMATION:
  (I)  THE  POTENTIAL  FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT FROM
SPECIFIC USES OF THE PRIORITY CHEMICAL;
  (II) THE AMOUNT OF SUCH CHEMICAL IN EACH UNIT OF THE CHILDREN'S  PROD-
UCT, EXPRESSED IN A RANGE;
  (III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
FROM THE CHILDREN'S PRODUCT TO THE ENVIRONMENT DURING THE PRODUCT'S LIFE
CYCLE  AND  THE  EXTENT  TO  WHICH USERS OF THE PRODUCT ARE LIKELY TO BE
EXPOSED TO THE CHEMICAL; OR
  (IV) INFORMATION ON THE EXTENT TO WHICH THE CHEMICAL IS PRESENT IN THE
ENVIRONMENT OR HUMAN BODY.
  (B) THE DEPARTMENT IS AUTHORIZED TO DIRECT SUBMISSION  OF  A  COPY  OF
SUCH REPORT TO THE INTERSTATE CHEMICALS CLEARINGHOUSE.
  2.  WAIVER  OF  REPORTING.  UPON  APPLICATION  BY  A MANUFACTURER, THE
COMMISSIONER MAY WAIVE ALL OR PART OF THE REPORTING  REQUIREMENTS  UNDER
SUBDIVISION  ONE  OF  THIS  SECTION  FOR ONE OR MORE SPECIFIED USES OF A
PRIORITY CHEMICAL. IN MAKING SUCH DETERMINATION,  THE  COMMISSIONER  MAY
CONSIDER: (A) IF SUBSTANTIALLY EQUIVALENT INFORMATION IS ALREADY PUBLIC-
LY  AVAILABLE  OR THAT THE INFORMATION IS NOT NEEDED FOR THE PURPOSES OF
THIS CHAPTER, (B) SIMILAR WAIVERS  GRANTED  BY  OTHER  STATES,  AND  (C)
WHETHER THE SPECIFIED USE OR USES ARE MINOR IN VOLUME.
  3.  NOTICE TO RETAILERS. A MANUFACTURER OR DISTRIBUTOR OF A CHILDREN'S
PRODUCT CONTAINING A PRIORITY CHEMICAL SHALL NOTIFY PERSONS  THAT  OFFER
THE  CHILDREN'S PRODUCT FOR SALE OR DISTRIBUTION IN THE STATE, IN A FORM
PRESCRIBED BY THE DEPARTMENT, OF THE PRESENCE OF SUCH PRIORITY CHEMICAL,
AND PROVIDE SUCH PERSONS WITH INFORMATION REGARDING THE TOXICITY OF SUCH
CHEMICAL.
  4. FEES.  THE  MANUFACTURER  OR  DISTRIBUTOR  SHALL  PAY  A  FEE  UPON
SUBMISSION  OF  A  REPORT OF CHEMICAL USE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION OR A WAIVER REQUEST PURSUANT TO  SUBDIVISION  TWO  OF  THIS
SECTION  TO COVER THE DEPARTMENT'S REASONABLE COSTS IN THE AMOUNT OF SIX
HUNDRED DOLLARS PER CHEMICAL.
S 37-0909. SALES PROHIBITION.
  EFFECTIVE JANUARY 1, 2018, NO PERSON SHALL DISTRIBUTE, SELL  OR  OFFER
FOR SALE IN THIS STATE A CHILDREN'S PRODUCT CONTAINING A PRIORITY CHEMI-
CAL  THAT  HAS  BEEN LISTED FOR AT LEAST ONE YEAR.  THIS PROVISION SHALL
NOT APPLY TO A CHILDREN'S PRODUCT SOLELY  BASED  ON  ITS  CONTAINING  AN
ENCLOSED BATTERY OR ENCLOSED ELECTRONIC COMPONENTS. THE COMMISSIONER MAY
EXEMPT A CHILDREN'S PRODUCT FROM THIS PROHIBITION IF, IN THE COMMISSION-
ER'S  JUDGMENT, THE LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD
POSE AN UNREASONABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
S 37-0911. APPLICABILITY.
  1. NEW CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE  SHALL  APPLY
TO  CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND DOES
NOT APPLY TO USED CHILDREN'S PRODUCTS THAT ARE SOLD OR  DISTRIBUTED  FOR
FREE  AT  SECONDHAND  STORES,  YARD SALES, ON THE INTERNET OR DONATED TO
CHARITIES.

S. 1223                             6

  2. INDUSTRY. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO PRIORI-
TY CHEMICALS USED IN OR FOR INDUSTRY OR MANUFACTURING, INCLUDING  CHEMI-
CALS  PROCESSED  OR OTHERWISE USED IN OR FOR INDUSTRIAL OR MANUFACTURING
PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT.
  3.  TRANSPORTATION.  THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO
MOTOR VEHICLES OR THEIR COMPONENT PARTS, WATERCRAFT OR  THEIR  COMPONENT
PARTS,  ALL  TERRAIN  VEHICLES  OR THEIR COMPONENT PARTS, OR OFF-HIGHWAY
MOTORCYCLES OR THEIR COMPONENT PARTS, EXCEPT THAT THE  USE  OF  PRIORITY
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
  4.  COMBUSTION.  THE  REQUIREMENTS  OF  THIS  TITLE SHALL NOT APPLY TO
PRIORITY CHEMICALS GENERATED SOLELY AS COMBUSTION  BY-PRODUCTS  OR  THAT
ARE PRESENT IN COMBUSTIBLE FUELS.
  5. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS  THAT  RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT CONTAINING A
PRIORITY CHEMICAL AFTER THE EFFECTIVE DATE OF ITS PROHIBITION FOR  WHICH
THAT  RETAILER  HAS  RECEIVED  PRIOR  NOTIFICATION  FROM A MANUFACTURER,
DISTRIBUTOR OR THE STATE.
S 37-0913.  ENFORCEMENT AND IMPLEMENTATION.
  1. FAILURE TO PROVIDE NOTICE. A CHILDREN'S PRODUCT CONTAINING A PRIOR-
ITY CHEMICAL MAY NOT BE SOLD, OFFERED FOR SALE OR DISTRIBUTED  FOR  SALE
IN  THIS  STATE  UNLESS THE MANUFACTURER OR DISTRIBUTOR HAS PROVIDED THE
NOTIFICATION REQUIRED UNDER SECTION 37-0907 OF THIS TITLE  BY  THE  DATE
REQUIRED IN SUCH SECTION. THE COMMISSIONER MAY EXEMPT A CHILDREN'S PROD-
UCT  FROM  THIS PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK
OF AVAILABILITY OF THE CHILDREN'S PRODUCT  COULD  POSE  AN  UNREASONABLE
RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
  2.  STATEMENT  OF  COMPLIANCE.  IF THERE ARE GROUNDS TO SUSPECT THAT A
CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
THE DEPARTMENT MAY REQUEST THE MANUFACTURER OR DISTRIBUTOR OF THE  CHIL-
DREN'S  PRODUCT  TO PROVIDE A STATEMENT OF COMPLIANCE ON A FORM PROVIDED
BY THE DEPARTMENT, WITHIN TEN DAYS OF RECEIPT  OF  A  REQUEST  FROM  THE
DEPARTMENT. THE STATEMENT OF COMPLIANCE SHALL:
  (A)  ATTEST  THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE PRIORITY
CHEMICAL; OR
  (B) ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT  NOTIFI-
CATION OF THE PRESENCE OF THE PRIORITY CHEMICAL HAS BEEN PROVIDED TO THE
DEPARTMENT  OR  PROVIDE  NOTICE  AS  REQUIRED BY SECTION 37-0907 OF THIS
TITLE; OR
  (C) ATTEST THAT THE MANUFACTURER HAS NOTIFIED  PERSONS  WHO  SELL  THE
PRODUCT IN THIS STATE THAT THE SALE OF THE CHILDREN'S PRODUCT IS PROHIB-
ITED.
S 37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
  1. THE DEPARTMENT IS AUTHORIZED TO PARTICIPATE IN AN INTERSTATE CHEMI-
CALS  CLEARINGHOUSE  TO  ASSIST IN CARRYING OUT THE REQUIREMENTS OF THIS
TITLE. THE DEPARTMENT SHALL WORK IN COLLABORATION WITH OTHER STATES  AND
AN  INTERSTATE CHEMICALS CLEARINGHOUSE FOR THE PURPOSE OF, INCLUDING BUT
NOT LIMITED TO:
  (A) COLLECTION AND DISSEMINATION  OF  INFORMATION  REGARDING  CHEMICAL
HAZARDS;
  (B)  COLLECTION  AND DISSEMINATION OF INFORMATION REGARDING THE USE OF
CHEMICALS IN CHILDREN'S PRODUCTS;
  (C) ASSESSMENT OF ALTERNATIVES TO CHEMICALS AND THEIR USE IN PRODUCTS;
AND
  (D) PUBLIC EDUCATION.
  2. SUCH CLEARINGHOUSE IS AUTHORIZED TO MAINTAIN INFORMATION ON  BEHALF
OF  THE  STATE  OF  NEW YORK, INCLUDING, BUT NOT LIMITED TO, INFORMATION

S. 1223                             7

REGARDING CHEMICALS CONTAINED IN CHILDREN'S PRODUCTS DISCLOSED  PURSUANT
TO SECTION 37-0907 OF THIS TITLE.
S 37-0917. REGULATIONS.
  THE  DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective  immediately,  the  department  of
environmental  conservation  is  authorized to implement rules and regu-
lations for the timely implementation of this act on its effective date.

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