S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3622
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of A. COOK -- Multi-Sponsored by -- M. of A. OTIS --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   retail  shelf  labeling  of  household  hazardous products and related
   consumer information

   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 4 to read as follows:
                                 TITLE IV
            HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION
 SECTION 37-0401. HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION.
 § 37-0401. HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION.
   1. TO THE EXTENT FUNDS ARE AVAILABLE, THE DEPARTMENT SHALL, IN CONSUL-
 TATION  WITH  NEW  YORK RETAILERS AND PRODUCT MANUFACTURERS, ESTABLISH A
 PROGRAM TO:
   A. PROVIDE INFORMATION TO RETAILERS  WITH  RESPECT  TO  THE  HAZARDOUS
 PRODUCTS  SPECIFIED  IN  SUBDIVISION  TWO  OF  THIS SECTION AND ENVIRON-
 MENTALLY SAFER ALTERNATIVES TO THOSE PRODUCTS;
   B. PROVIDE LABELS  FOR  RETAIL  USE  WITH  RESPECT  TO  THE  HAZARDOUS
 PRODUCTS;
   C.  PROVIDE PAMPHLETS FOR CONSUMERS, TO BE MADE AVAILABLE BY RETAILERS
 AT THE POINT  OF  SALE,  DESCRIBING  THE  TOXICITY  OF  THESE  HAZARDOUS
 PRODUCTS,  SAFER  DISPOSAL  METHODS,  AND ALTERNATIVE PRODUCTS WHICH ARE
 ENVIRONMENTALLY SAFER; AND
   D.  REQUIRE  THAT  RETAIL  ESTABLISHMENTS  DISPLAY  THESE  LABELS  AND
 PAMPHLETS  ON  SHELVES,  OR  IN  THE  IMMEDIATE  VICINITY  OF  HAZARDOUS
 PRODUCTS, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   2. "HAZARDOUS PRODUCTS" FOR THE PURPOSES OF THIS SECTION  ARE  DEFINED
 AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07077-01-3
 A. 3622                             2
              

 
   A. AUTOMOTIVE PRODUCTS INCLUDING MOTOR OIL, TRANSMISSION FLUID, ENGINE
 LUBRICANTS AND CLEANERS, OIL, AND TRANSMISSION FLUID ADDITIVES, GASOLINE
 ADDITIVES, GAS LINE FREEZE-UP PRODUCTS, ANTIFREEZE, AND WINDSHIELD WIPER
 SOLUTIONS;
   B.  SHOE  POLISHES,  FLOOR WAXES, CAR WAXES, FURNITURE POLISHES, SPRAY
 DUST CLEANERS, FURNITURE STAINS AND WOOD PRESERVATIVES;
   C. MINERAL SPIRITS, TURPENTINE, ALCOHOLS NOT  FOR  HUMAN  CONSUMPTION,
 CRESOL, AND NAPHTHA;
   D.  PAINTS,  WHETHER  FOR  BRUSH OR SPRAY APPLICATION, AEROSOL PAINTS,
 LACQUERS, AND THINNERS (EXCEPT WATER);
   E. DRAIN CLEANERS, SINK AND TOILET BOWL CLEANERS, AND OVEN CLEANERS;
   F. SPOT AND STAIN REMOVERS WITH PETROLEUM BASE;
   G. PETROLEUM BASED FERTILIZERS SOLD FOR RESIDENTIAL APPLICATION;
   H. PESTICIDES SOLD FOR RESIDENTIAL APPLICATION; AND
   I. LEAD-ACID BATTERIES, SWIMMING POOL CHEMICALS,  PHOTOGRAPHIC  CHEMI-
 CALS,  MOST GLUES AND ADHESIVES, SELF-LIGHTING CHARCOAL, CHARCOAL LIGHT-
 ER, BUTANE LIGHTERS, AND ALL AEROSOLS (EXCEPT PERSONAL CARE PRODUCTS).
   3. THE DEPARTMENT MAY, BY REGULATION, ADD TO OR DELETE FROM  THE  LIST
 ESTABLISHED  IN  SUBDIVISION TWO OF THIS SECTION, AS DEEMED APPROPRIATE.
 SIMILARLY, THE DEPARTMENT MAY DELETE FROM  THE  LIST  SPECIFIC  PRODUCTS
 THAT  DO  NOT  CONTAIN A HAZARDOUS CHEMICAL IN CONCENTRATION AT OR ABOVE
 ONE PERCENT. A HAZARDOUS CHEMICAL, FOR PURPOSES OF THIS  SECTION,  SHALL
 BE CONSISTENT WITH HAZARDOUS CHEMICALS LISTED IN REGULATIONS PROMULGATED
 IN ACCORDANCE WITH TITLE NINE OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER. A
 PRODUCT  MANUFACTURER  OF  ANY PRODUCT LISTED IN SUBDIVISION TWO OF THIS
 SECTION MAY PETITION THE DEPARTMENT FOR AN EXEMPTION IF THE PRODUCT DOES
 NOT CONTAIN A HAZARDOUS  CHEMICAL  IN  CONCENTRATION  AT  OR  ABOVE  ONE
 PERCENT.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.