senate Bill S6415A

Amended

Relates to banning formaldehyde in certain 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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actions

  • 22 / Jan / 2014
    • REFERRED TO HEALTH
  • 10 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 10 / Mar / 2014
    • PRINT NUMBER 6415A
  • 28 / May / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 28 / May / 2014
    • PRINT NUMBER 6415B
  • 17 / Jun / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 17 / Jun / 2014
    • PRINT NUMBER 6415C

Summary

Relates to banning formaldehyde in certain children's products.

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Bill Details

Versions:
S6415
S6415A
S6415B
S6415C
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §37-0901, En Con L

Sponsor Memo

BILL NUMBER:S6415A REVISED MEMO 05/28/2014

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to banning formaldehyde in certain children's products

PURPOSE:

This bill bans the sale of children's products that contain
formaldehyde.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Article 37 of the environmental
conservation law by adding a new title 9, and by adding Section
37-0901.

Section 1 of Section 37-0901 defines terms used in the bill. For the
purposes of this bill, children are defined as those aged 12 and
under.

Section 2 of Section 37-0901 sets forth the parameters of the ban of
children's products containing formaldehyde, prohibiting retailers
from selling a children's product that intentionally contains
formaldehyde or ingredients that chemically degrade to release
formaldehyde, beginning January 1, 2016.

Section 2 of the bill establishes the effective date.

JUSTIFICATION:

Formaldehyde was added to the list of human carcinogens by the U.S.
Department of Health and Human Services in 2011. Notwithstanding this,
it continues to be used in many household products, including those
intended for children.

A 2011 report by Washington Toxins Coalition and Safer States
showcased the frequency with which formaldehyde was found in
children's blankets, clothing, and toys even though it has been
classified as a severe developmental toxin and in the worst category
for carcinogenicity. Children are more susceptible to the dangers of
formaldehyde which can cause serious nervous system damage and asthma.

In addition, formaldehyde is an environmental pollutant. A 2010 report
by the National Toxicology Program showed that formaldehyde is present
in indoor and outdoor air, soil, food, treated and untreated drinking
water, surface water and groundwater. One of the major sources of
airborne formaldehyde is off-gassing from consumer goods.

LEGISLATIVE HISTORY:

This is a new bill.

EFFECTIVE DATE:

This act shall take effect January 1, 2015.


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

                                 6415--A

                            I N  S E N A T E

                            January 22, 2014
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  banning formaldehyde in certain 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
                        FORMALDEHYDE PROHIBITION
SECTION 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
S 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
  1.  DEFINITIONS.  (A)  "CHILDREN'S  PRODUCT" MEANS A PRODUCT PRIMARILY
DESIGNED, INTENDED OR  MARKETED  BY  A  MANUFACTURER  TO  BE  PHYSICALLY
APPLIED TO OR INTRODUCED INTO A CHILD'S BODY, INCLUDING ANY ARTICLE USED
AS A COMPONENT OF SUCH A PRODUCT AND EXCLUDING A FOOD, BEVERAGE, DIETARY
SUPPLEMENT, PHARMACEUTICAL PRODUCT OR BIOLOGIC, CHILDREN'S TOYS THAT ARE
COVERED  BY  THE  ASTM  INTERNATIONAL F963 STANDARD FOR TOY SAFETY, OR A
MEDICAL DEVICE AS DEFINED IN THE FEDERAL FOOD, DRUG, AND  COSMETIC  ACT,
21 USC 321(H), AS AMENDED THROUGH FEBRUARY FIFTEENTH, TWO THOUSAND THIR-
TEEN.
  (B) "CHILD" MEANS ANY PERSON LESS THAN FOURTEEN YEARS OF AGE.
  2.  FORMALDEHYDE  IN  CHILDREN'S  PRODUCTS; BAN. (A) BEGINNING JANUARY
FIRST, TWO THOUSAND FIFTEEN, NO MANUFACTURER OR WHOLESALER MAY  SELL  OR
OFFER  FOR  SALE  IN  THIS STATE A CHILDREN'S PRODUCT THAT INTENTIONALLY
CONTAINS:
  (I) FORMALDEHYDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (II) INGREDIENTS THAT CHEMICALLY DEGRADE UNDER  NORMAL  CONDITIONS  OF
TEMPERATURE AND PRESSURE TO RELEASE FORMALDEHYDE.
  (B)  BEGINNING  JANUARY  FIRST,  TWO THOUSAND SIXTEEN, NO RETAILER MAY
SELL OR OFFER FOR SALE IN THIS STATE A CHILDREN'S  PRODUCT  THAT  INTEN-
TIONALLY CONTAINS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13324-05-4

S. 6415--A                          2

  (I) FORMALDEHYDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (II)  INGREDIENTS  THAT  CHEMICALLY DEGRADE UNDER NORMAL CONDITIONS OF
TEMPERATURE AND PRESSURE TO RELEASE FORMALDEHYDE.
  3.  FORMALDEHYDE  REPLACEMENT  CHEMICALS.  A  MANUFACTURER  SHALL  NOT
REPLACE  A  CHEMICAL  WHOSE USE IS PROHIBITED IN SUBDIVISION TWO OF THIS
SECTION WITH A CHEMICAL KNOWN TO THE MANUFACTURER TO HAVE  BEEN  IDENTI-
FIED  ON  THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE BY A STATE, FEDERAL,
OR INTERNATIONAL AGENCY AS BEING KNOWN OR SUSPECTED WITH A  HIGH  DEGREE
OF PROBABILITY TO:
  (A)  HARM  THE  NORMAL  DEVELOPMENT OF A FETUS OR CHILD OR CAUSE OTHER
DEVELOPMENTAL TOXICITY;
  (B) CAUSE CANCER, GENETIC DAMAGE, OR REPRODUCTIVE HARM;
  (C) DISRUPT THE ENDOCRINE OR HORMONE SYSTEM; OR
  (D) DAMAGE THE NERVOUS SYSTEM, IMMUNE  SYSTEM,  OR  ORGANS,  OR  CAUSE
OTHER SYSTEMIC TOXICITY.
  S 2. This act shall take effect January 1, 2015.

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