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

                                 6099--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced  by  M. of A. KAVANAGH, WEPRIN, ROZIC, CRESPO, ABINANTI, OTIS
  -- Multi-Sponsored by -- M.  of  A.  GLICK,  RAIA  --  read  once  and
  referred to the Committee on Environmental Conservation -- recommitted
  to  the  Committee  on  Environmental  Conservation in accordance with
  Assembly Rule 3, sec. 2 -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03188-04-6
              

A. 6099--A                          2

DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION.
  (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  EIGHTEEN,  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 on the first of January next succeed-
ing the date upon which it shall have become a law.