senate Bill S6415C

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

See Assembly Version of this Bill:
A8886B
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:S6415C

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 conserva-
tion 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
intentionally added chemical ingredients that chemically degrade to
release free formaldehyde at levels exceeding 0.05 percent, beginning
April 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. Notwith-
standing 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 devel-
opmental 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--C

                            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  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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, OR USED BY A CHILD, SUCH
AS 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 (I) BATTERIES; OR (II)
CONSUMER ELECTRONIC PRODUCTS  INCLUDING  BUT  NOT  LIMITED  TO  PERSONAL
COMPUTERS, AUDIO AND VIDEO EQUIPMENT, CALCULATORS, WIRELESS PHONES, GAME
CONSOLES,  AND  HANDHELD  DEVICES  INCORPORATING A VIDEO SCREEN, USED TO
ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPHERALS; OR (III) A
FOOD OR BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGULATED  BY  THE
UNITED  STATES  FOOD  AND DRUG ADMINISTRATION; OR (IV) A PESTICIDE REGU-
LATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY;  OR  (V)  A
DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13324-11-4

S. 6415--C                          2

  (B) "CHILD" MEANS ANY PERSON AGED TWELVE AND UNDER.
  (C)  "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL DELIBERATELY USED
IN THE FORMULATION OF A PRODUCT OR SUBPART OF A PRODUCT.
  2. FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.   BEGINNING APRIL  FIRST,
TWO  THOUSAND  SIXTEEN,  NO  RETAILER MAY SELL OR OFFER FOR SALE IN THIS
STATE A CHILDREN'S PRODUCT THAT INTENTIONALLY CONTAINS:  (A)  FORMALDEH-
YDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (B)  INGREDIENTS  THAT  CHEMICALLY  DEGRADE UNDER NORMAL CONDITIONS OF
TEMPERATURE AND PRESSURE TO RELEASE FREE FORMALDEHYDE AT LEVELS  EXCEED-
ING 0.05 PERCENT.
  S 2. This act shall take effect January 1, 2015.

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