senate Bill S4709A

Prohibits the manufacture, sale or distribution of business transaction paper containing bisphenol A

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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

  • 18 / Apr / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 30 / May / 2013
    • 1ST REPORT CAL.817
  • 03 / Jun / 2013
    • AMENDED (T) 4709A
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 03 / Jun / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Prohibits the manufacture, sale or distribution of business transaction paper containing bisphenol A.

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Bill Details

Versions:
S4709
S4709A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง37-0513, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A212B, S4532
2009-2010: A11697

Votes

10
1
10
Aye
1
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S4709A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the sale of thermal receipt paper containing
bisphenol A and reserving jurisdiction in matters pertaining to such
paper for the state

PURPOSE:

To expand the provisions of current New York State law to prohibit the
distribution and use of thermal receipt paper containing bisphenol A
for the recording of any business transaction.

SUMMARY OF PROVISIONS:

The bill prohibits any person, firm, partnership, association, limited
liability company or corporation from manufacturing, selling, offering
for sale of distributing any thermal receipt paper containing BPA
after October 1, 2015. If the USEPA does not identify safe,
commercially available alternatives to BPA, then no person may shall
manufacture, sell, offer for sale of distribute such paper after July
1, 2017.

Section 4 preempts any local law or ordinance, or any rule or
regulation promulgated governing receipt paper containing bisphenol A
vesting all jurisdiction in these matter exclusively with the State.

JUSTIFICATION:

Recently the NYS Governor signed legislation that would prohibit the
use of BPA in child care products, including sippy cups, baby bottles
and straws intended for use by a child under the age of three. BPA is
an estrogen-mimicking endocrine disrupting chemical that has been
found to be toxic at low doses and is linked to breast cancer, early
onset of puberty, obesity ad prostate cancer. Very small amounts of
hormones can produce immense biological behavioral changes.

BPA has been used in carbonless copy paper (e.g. credit card receipts)
and thermal imaging papers for many years. A powdery layer of BPA is
coated onto a piece of paper along with invisible ink which merge and
provide "color" when subject to heat or pressure. The Warner Babcock
Institute for Green Chemistry, co-founded by organic chemist John C.
Warner, has been testing cash register receipts and has found an
alarming amount to BPA on these receipts. The average receipt using
the BPA technology was found to contain 60-100 milligrams of free BPA,
which is a thousand times above levels leaching from polycarbonate
bottles. Free BPA is not bound into a polymer, but just individual
molecules lose and available for uptake. The paper has been published
on July 28th in the peer-reviewed journal "Green Chemistry Letters and
Reviews".

The Environmental Work Group (EWG) in Washington DC had a testing
program conducted by the Missouri Division of Biological Sciences
laboratory on receipts from major retailers, including Wal-Mart,
Safeway, McDonalds, the U.S. Postal Service, and Bank of America ATMs.
The laboratory found that the total mass of BPA on a receipt is from
250 to 1,000 times the amount of BPA typically found in a can of food


or a can of baby formula. Forty percent of 36 printed receipts
collected from fast food restaurants, big retailers, grocery stores,
gas stations and post offices in seven states and the District of
Columbia contained BPA.

Bio-monitoring surveys by the federal Centers far Disease Control and
Prevention has found BPA in the bodies of 93% of Americans over the
age of 6. The EWG analysis of the CDC data found that people who
reported working in retail industries had 30 percent more BPA in their
bodies than the average U.S. adult and 34% had more BPA than other
workers. As of May 2009, I in 17 working Americans - 7 million people
were employed as retail salespersons and cashiers, according to the
Bureau of Labor Statistics. The nation's largest manufacturer of
thermal paper, Appleton Papers in Wisconsin, stopped using BPA in 2006
because of a growing concern about the safety of the chemical.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act would take effect immediately.

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

                                 4709--A
    Cal. No. 817

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sens.  MARCELLINO,  AVELLA,  GRISANTI  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  sale of thermal receipt paper containing bisphenol A
  and reserving jurisdiction in matters pertaining to such paper for the
  state

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

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0513 to read as follows:
S 37-0513. THERMAL RECEIPT PAPER.
  1. FOR THE PURPOSES OF THIS SECTION, "THERMAL RECEIPT PAPER" OR  "CASH
REGISTER  RECEIPT  PAPER"  MEANS  ANY PAPER THAT IS USED BY A COMMERCIAL
ENTITY TO ISSUE A MECHANICALLY PRODUCED RECORD OF  A  COMMERCIAL  TRANS-
ACTION.
  2.  ON  AND  AFTER  OCTOBER 1, 2015 NO PERSON SHALL MANUFACTURE, SELL,
OFFER FOR SALE OR DISTRIBUTE ANY THERMAL RECEIPT PAPER OR CASH  REGISTER
RECEIPT PAPER THAT CONTAINS BISPHENOL A.
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
IF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DOES NOT IDENTIFY A
SAFE, COMMERCIALLY AVAILABLE ALTERNATIVE TO THE USE OF  BISPHENOL  A  IN
THERMAL  RECEIPT  PAPER OR CASH REGISTER RECEIPT PAPER ON OR BEFORE JUNE
30, 2015, NO PERSON SHALL MANUFACTURE, SELL, OFFER FOR SALE OR  DISTRIB-
UTE  ANY  THERMAL  RECEIPT  PAPER  OR  CASH  REGISTER RECEIPT PAPER THAT
CONTAINS BISPHENOL A ON AND AFTER JULY 1, 2017.
  4. JURISDICTION IN ALL MATTERS PERTAINING TO RECEIPT PAPER  CONTAINING
BISPHENOL  A IS HEREBY VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10460-02-3

S. 4709--A                          2

ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERE-
TO, GOVERNING RECEIPT PAPER  CONTAINING  BISPHENOL  A  SHALL,  UPON  THE
EFFECTIVE DATE OF THIS SECTION, BE PREEMPTED.
  S 2. This act shall take effect immediately.

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