Senate Bill S3296

Signed By Governor

2009-2010 Legislative Session

Prohibits the manufacture, distribution and sale of child care products containing bisphenol A

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2010	signed chap.280
Jul 19, 2010	delivered to governor
Jun 23, 2010	returned to senate passed assembly ordered to third reading cal.459 substituted for a6919d
Jun 22, 2010	referred to codes returned to assembly repassed senate
Jun 02, 2010	amended on third reading 3296h
Jun 02, 2010	vote reconsidered - restored to third reading returned to senate recalled from assembly
Apr 21, 2010	referred to environmental conservation
Apr 20, 2010	delivered to assembly passed senate ordered to third reading cal.399 reported and committed to rules
Apr 13, 2010	reported and committed to finance
Feb 03, 2010	print number 3296g
Feb 03, 2010	amend and recommit to codes
Feb 02, 2010	reported and committed to codes
Jan 22, 2010	print number 3296f
Jan 22, 2010	amend (t) and recommit to environmental conservation
Jan 06, 2010	referred to environmental conservation
Sep 04, 2009	print number 3296e
Sep 04, 2009	amend and recommit to codes
Sep 02, 2009	print number 3296d
Sep 02, 2009	amend and recommit to codes
Apr 21, 2009	print number 3296c
Apr 21, 2009	amend and recommit to codes
Mar 30, 2009	print number 3296b
Mar 30, 2009	amend and recommit to codes
Mar 24, 2009	reported and committed to codes
Mar 19, 2009	print number 3296a
Mar 19, 2009	amend and recommit to environmental conservation
Mar 13, 2009	referred to environmental conservation

Votes

- Jun 22, 2010 - Floor Vote
  S3296
  
  Aye
  
  61
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 22, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Apr 20, 2010 - Floor Vote
  S3296
  
  Aye
  
  60
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Apr 20, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (1)
      
      Golden
      
      excused (1)
      
      Morahan
  Apr 20, 2010 - Rules Committee Vote
  S3296
  
  Aye
  
  19
  
  Nay
  
  0
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Apr 20, 2010
      
      aye (19)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (4)
      
      Hannon
      
      Larkin
      
      Saland
      
      Seward
  Apr 20, 2010 - Finance Committee Vote
  S3296
  
  Aye
  
  22
  
  Nay
  
  4
  
  Aye with Reservations
  
  7
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Finance Committee Vote: Apr 20, 2010
      
      aye (22)
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Leibell
      
      Marcellino
      
      Montgomery
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      nay (4)
      
      DeFrancisco
      
      Larkin
      
      Nozzolio
      
      Volker
      
      aye wr (7)
      
      Hannon
      
      Johnson
      
      Maziarz
      
      Saland
      
      Seward
      
      Stachowski
      
      Valesky
  Feb 2, 2010 - Environmental Conservation Committee Vote
  S3296
  
  Aye
  
  13
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Environmental Conservation Committee Vote: Feb 2, 2010
      
      aye (13)
      
      Foley
      
      Johnson
      
      Leibell
      
      Little
      
      Marcellino
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Schneiderman
      
      Serrano
      
      Stewart-Cousins
      
      Thompson
      
      aye wr (1)
      
      Young
  Apr 13, 2010 - Codes Committee Vote
  S3296
  
  Aye
  
  11
  
  Nay
  
  2
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Apr 13, 2010
      
      aye (11)
      
      Breslin
      
      Duane
      
      Flanagan
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (2)
      
      DeFrancisco
      
      Volker
      
      aye wr (3)
      
      Bonacic
      
      Golden
      
      Saland

Bill Amendments

Original

H (Active)

2009-S3296 - Details

Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-S3296 - Summary

Enacts the "bisphenol A-free children and babies act"; prohibits the manufacture, distribution and sale of child care products containing bisphenol A; prohibits the manufacture, distribution and sale of beverage and food containers containing bisphenol A; requires product labeling.

2009-S3296 - Sponsor Memo

                                 BILL NUMBER:  S3296

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
enacting the "bisphenol A-free children and babies act"


 PURPOSE OF THE BILL :
The bill would prohibit the manufacture, distribution and sale of
certain toys and child care products, food and beverage containers
containing bisphenol-A which are intended for use by or upon a child,
as well as sports drink bottles.

 SUMMARY OF PROVISIONS :
The bill would prohibit the manufacture, distribution, sale or offer
for sale of any toy of child care product containing bisphenol-A
intended for use by a child under the age of three. Furthermore, BPA
would be prohibited for use in food or beverage containers, or
containers lined with materials containing BPA for children under the
age of fourteen years of age, or sports water bottles.

The bill requires manufacturers of such products or toys to use the
least toxic alternative to bisphenol-A in the product. Such
alternatives shall not be
* Class A, B or C carcinogens as rated by the U.S .Environmental
Protection Agency (EPA);

or
* Substances listed as known or likely carcinogens; or substances
known, likely to be or suggestive of being human carcinogens; or
* Reproductive toxicants that cause birth defects reproductive harm or
developmental harm.

The bill also contains civil penalties for violation of its
provisions.

 JUSTIFICATION :
Bisphenol A (BPA), a principle component in the production of
polycarbonate rigid plastic and epoxy resins, is used in many food and
drink packaging applications, as well as products intended for use by
young children. The resins are commonly used as lacquers to coat metal
products, such as food cans, bottle tops, jar lids and infant formula
containers. The resins are also used to line aseptic packages such as
juice boxes. The chemical bond between BPA molecules is unstable and
can be disrupted by heat, acidic reactions and other conditions that
can release BPA into the food or beverages within the containers.

According to the U.S. Centers for Disease Control, ninety-five percent
of Americans have detectable levels of BPA in their bodies, and most
are at or above the concentrations known to cause adverse effects in
laboratory studies. Research studies have found that babies have up to
eleven times higher levels of BPA in their bodies than do adults
because of greater exposure and reduced capacity to metabolize BPA.

BPA is a known estrogen-mimicking endoctrine disruptor chemical.
Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain
deterioration, type-2 diabetes, cancer and obesity. Research has shown
that BPA can alter the expression of several hundred genes, with
effects varying among specific tissues and timing of exposure.
Pre-natal and neonatal exposure to BPA has been linked to altered DNA
function and genetic expression, male reproductive disorders and
lowered sperm counts, insulin resistance, early puberty, and changes
in prostate and mammary gland development, leading to potential
greater susceptibility to breast cancer and other cancer later in
life.

In 2008, thirty eight of the world's leading scientific experts on
BPA, who reviewed over 700 publish studies, released a consensus
statement warning of the adverse health effects of BPA exposure,
concluding that the average levels of BPA in people are above those
that cause harm in animals in laboratory experiments.

The requirement that substitutes for BPA in plastics should help to
ensure that we are not replacing one chemical of concern with others
that may be as toxic if not more toxic to children.  The age of
fourteen is consistent with the General Business Law definition of
"child".

This bill will significantly reduce the risk posed to children by
these chemicals. Canada has announced that it is proposing a ban on
polycarbonate baby bottles and strict limits on BPA in infant formula
cans. Nalgene has already announced that it will be phasing out the
use of BPA in its plastic containers, including sports bottles.
WalMart Canada has announced that it will immediately stop selling
baby bottles, sippy cups, pacifiers, food containers and water bottles
that contain BPA. Sunoco has announced that its customers must
guarantee that they will not use BPA in food and water containers for
children under 3 years of age.

 LEGISLATIVE HISTORY :
Similar legislation introduced in 2007. New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act would take effect January 1st next succeeding the date on
which it becomes law.

2009-S3296 - Bill Text download pdf

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

                                  3296

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting the "bisphenol A-free children and babies act"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "bisphenol A-free children and babies act".
  S  2.  Article  37 of the environmental conservation law is amended by
adding a new title 5 to read as follows:
                                 TITLE 5
                               BISPHENOL A
SECTION 37-0501. LEGISLATIVE INTENT.
        37-0503. DEFINITIONS.
        37-0505. TOYS AND CHILD CARE PRODUCTS.
        37-0507. FOOD AND BEVERAGE CONTAINERS.
        37-0509. APPROVAL OF BISPHENOL A ALTERNATIVES.
        37-0511. WAIVERS.
        37-0513. FEES.
        37-0515. PRODUCT LABELING.
        37-0517. PUBLIC EDUCATION AND MANUFACTURER RECOGNITION.
        37-0519. ENFORCEMENT.
S 37-0501. LEGISLATIVE INTENT.
  THE LEGISLATURE HEREBY FINDS  THAT  BISPHENOL  A  (BPA),  A  PRINCIPLE
COMPONENT  IN  THE  PRODUCTION  OF POLYCARBONATE RIGID PLASTIC AND EPOXY
RESINS, IS USED IN MANY FOOD AND DRINK PACKAGING APPLICATIONS,  AS  WELL
AS  PRODUCTS INTENDED FOR USE BY YOUNG CHILDREN. THE RESINS ARE COMMONLY
USED AS LACQUERS TO COAT METAL PRODUCTS, SUCH AS FOOD CANS, BOTTLE TOPS,
JAR LIDS AND INFANT FORMULA CONTAINERS. THE RESINS ARE ALSO USED TO LINE
ASEPTIC PACKAGES SUCH AS JUICE BOXES. THE CHEMICAL BOND BETWEEN  BISPHE-
NOL  A  MOLECULES  IS  UNSTABLE  AND  CAN  BE  DISRUPTED BY HEAT, ACIDIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10403-01-9

S. 3296                             2

REACTIONS AND OTHER CONDITIONS THAT CAN RELEASE  BISPHENOL  A  INTO  THE
FOOD OR BEVERAGES WITHIN THE CONTAINERS.
  BISPHENOL  A  IS UBIQUITOUS. ACCORDING TO THE U.S. CENTERS FOR DISEASE
CONTROL, NINETY-FIVE PERCENT OF  AMERICANS  HAVE  DETECTABLE  LEVELS  OF
BISPHENOL A IN THEIR BODIES, AND MOST ARE AT OR ABOVE THE CONCENTRATIONS
KNOWN  TO  CAUSE ADVERSE EFFECTS IN LABORATORY STUDIES. RESEARCH STUDIES
HAVE FOUND THAT BABIES HAVE UP TO ELEVEN TIMES HIGHER LEVELS OF  BISPHE-
NOL  A  IN  THEIR  BODIES THAN DO ADULTS BECAUSE OF GREATER EXPOSURE AND
REDUCED CAPACITY TO METABOLIZE BISPHENOL A.
  BISPHENOL A IS A KNOWN ESTROGEN-MIMICKING ENDOCRINE  DISRUPTOR  CHEMI-
CAL.  ENDOCRINE DISRUPTION HAS BEEN LINKED TO A GREATER NUMBER OF COMMON
AILMENTS, INCLUDING HEART DISEASE, IMMUNE SYSTEM DISRUPTION, BRAIN DETE-
RIORATION,  TYPE-2 DIABETES, CANCER AND OBESITY. RESEARCH HAS SHOWN THAT
BISPHENOL A CAN ALTER THE EXPRESSION  OF  SEVERAL  HUNDRED  GENES,  WITH
EFFECTS VARYING AMONG SPECIFIC TISSUES AND TIMING OF EXPOSURE. PRE-NATAL
AND  NEONATAL  EXPOSURE  TO  BISPHENOL  A HAS BEEN LINKED TO ALTERED DNA
FUNCTION AND GENETIC EXPRESSION, MALE REPRODUCTIVE DISORDERS AND LOWERED
SPERM COUNTS, INSULIN RESISTANCE, EARLY PUBERTY, AND CHANGES IN PROSTATE
AND MAMMARY GLAND DEVELOPMENT, LEADING TO POTENTIAL GREATER SUSCEPTIBIL-
ITY TO BREAST CANCER AND OTHER CANCER LATER IN LIFE.
  IN 2008, THIRTY-EIGHT OF THE WORLD'S  LEADING  SCIENTIFIC  EXPERTS  ON
BISPHENOL A, WHO REVIEWED OVER 700 PUBLISHED STUDIES, RELEASED A CONSEN-
SUS STATEMENT WARNING OF THE ADVERSE HEALTH EFFECTS OF BISPHENOL A EXPO-
SURE,  CONCLUDING  THAT  THE AVERAGE LEVELS OF BISPHENOL A IN PEOPLE ARE
ABOVE THOSE THAT CAUSE HARM IN ANIMALS IN LABORATORY EXPERIMENTS.
  THE STATE OF NEW YORK MUST ACT TO SIGNIFICANTLY REDUCE THE  HARM  FROM
BISPHENOL  A, PARTICULARLY FOR INFANTS AND CHILDREN, THE MOST VULNERABLE
WITHIN OUR POPULATION.
S 37-0503. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "CHILD CARE PRODUCT" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE
MANUFACTURER FOR CHILD CARE, INCLUDING, BUT NOT  LIMITED  TO,  THOSE  TO
HELP WITH SUCKING OR TEETHING, TO FACILITATE SLEEP OR RELAXATION, OR THE
FEEDING OF CHILDREN.
  2.  "TOY"  MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE MANUFACTURER
TO BE USED BY CHILDREN WHEN THEY PLAY.
S 37-0505. TOYS AND CHILD CARE PRODUCTS.
  1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR  SALE
ANY TOY OR CHILD CARE PRODUCT INTENDED FOR USE BY A CHILD THREE YEARS OF
AGE OR YOUNGER CONTAINING BISPHENOL A.
  2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
DISTRIBUTION OF TOYS OR  CHILD  CARE  PRODUCTS  RESOLD  OR  OFFERED  FOR
RESALE, OR DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0507. FOOD AND BEVERAGE CONTAINERS.
  NO  PERSON,  FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY
OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE:
  1. ANY BOTTLE, CUP OR OTHER CONTAINER THAT CONTAINS  BISPHENOL  A,  IF
SUCH  CONTAINER  IS  DESIGNED  OR INTENDED TO BE FILLED WITH ANY LIQUID,
FOOD OR BEVERAGE PRIMARILY FOR CONSUMPTION FROM THAT CONTAINER BY  CHIL-
DREN FOURTEEN YEARS OF AGE OR YOUNGER;
  2.  ANY JAR, CAN, BOX OR OTHER CONTAINER THAT CONTAINS BISPHENOL A, IF
SUCH CONTAINER IS FILLED WITH ANY LIQUID, FOOD OR BEVERAGE PRIMARILY FOR
CONSUMPTION BY CHILDREN FOURTEEN YEARS OF AGE OR YOUNGER; OR
  3. ANY SPORTS WATER BOTTLE THAT CONTAINS BISPHENOL A.
S 37-0509. APPROVAL OF BISPHENOL A ALTERNATIVES.

S. 3296                             3

  1. EVERY MANUFACTURER OF A CHILD CARE PRODUCT  OR  TOY  PROHIBITED  BY
THIS  TITLE  SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL A IN
THE TOY OR CHILD CARE PRODUCT. SUCH  ALTERNATIVE  SHALL  NOT  BE  (A)  A
CARCINOGEN  RATED BY THE UNITED STATE ENVIRONMENTAL PROTECTION AGENCY AS
A,  B OR C CARCINOGENS, OR SUBSTANCES LISTED AS KNOWN OR LIKELY CARCINO-
GENS, KNOWN TO BE HUMAN CARCINOGENS, LIKELY TO BE HUMAN  CARCINOGENS  OR
SUGGESTIVE  OF  BEING  HUMAN  CARCINOGENS,  AS DESCRIBED IN THE "LIST OF
CHEMICALS EVALUATED FOR CARCINOGEN POTENTIAL"; OR (B) REPRODUCTIVE TOXI-
CANTS THAT CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM OR DEVELOPMENTAL  HARM
AS IDENTIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
  2.  THE  MANUFACTURER SHALL APPLY TO THE DEPARTMENT FOR APPROVAL OF AN
ALTERNATIVE TO BISPHENOL A. THE DEPARTMENT,  IN  CONSULTATION  WITH  THE
POLLUTION  PREVENTION  INSTITUTE  AND THE INTERSTATE CHEMICALS CLEARING-
HOUSE, SHALL REVIEW AVAILABLE SCIENTIFIC EVIDENCE  ON  THE  ALTERNATIVE,
AND  APPROVE  OR  DISAPPROVE  THE  ALTERNATIVE. THE ALTERNATIVE SHALL BE
APPROVED IF IT MEETS THE CONDITIONS ESTABLISHED IN  SUBDIVISION  ONE  OF
THIS SECTION.
S 37-0511. WAIVERS.
  1. WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, A MANUFAC-
TURER OF CHILD CARE PRODUCTS OR TOYS, REGULATED BY THIS TITLE, MAY APPLY
TO  THE  DEPARTMENT  FOR A WAIVER FROM THE REQUIREMENTS OF THIS TITLE IF
THE MANUFACTURER CAN DEMONSTRATE THAT THERE ARE  NO  AVAILABLE  ALTERNA-
TIVES  TO  BISPHENOL A, AS SPECIFIED IN SUBDIVISION ONE OR DETERMINED IN
SUBDIVISION TWO OF SECTION 37-0509 OF THIS TITLE, FOR THEIR PRODUCT. THE
WAIVER SHALL BE IN FORCE FOR NO MORE THAN A YEAR, DURING WHICH TIME  THE
MANUFACTURER  MUST  PROMINENTLY  LABEL  THE PRODUCT OR TOY AS CONTAINING
BISPHENOL A, AS SPECIFIED IN SECTION 37-0515 OF THIS  TITLE.  AFTER  THE
ONE-YEAR WAIVER PERIOD, THE MANUFACTURER SHALL AGAIN APPLY FOR A WAIVER.
  2.  IF  AN ALTERNATIVE BECOMES AVAILABLE AT ANY TIME DURING THE PERIOD
OF THE WAIVER, THE MANUFACTURER HAS A PERIOD OF SIX MONTHS IN  WHICH  TO
REPLACE  BISPHENOL  A  WITH SUCH ALTERNATIVE IN THE MANUFACTURE OF THEIR
CHILD CARE PRODUCTS AND TOYS AND TO CHANGE THE PRODUCT LABELING PURSUANT
TO SECTION 37-0515 OF THIS  TITLE.  DURING  THIS  PERIOD  OF  TIME,  ALL
PRODUCTS  CONTAINING  BISPHENOL  A  SHALL EITHER BE SOLD OR REMOVED FROM
COMMERCE BY THE MANUFACTURER.
S 37-0513. FEES.
  1. THE DEPARTMENT SHALL:
  (A) ESTABLISH A FEE FOR ADMINISTRATION OF SUBDIVISION TWO  OF  SECTION
37-0509  OF THIS TITLE FOR A REQUEST BY A MANUFACTURER TO APPROVE ALTER-
NATIVES TO BISPHENOL A; AND
  (B) ESTABLISH A FEE FOR ADMINISTRATION OF SUBDIVISION ONE  OF  SECTION
37-0511  OF THIS TITLE FOR A REQUEST BY A MANUFACTURER FOR A WAIVER FROM
THE REQUIREMENT TO REPLACE BISPHENOL A WITH AN ALTERNATIVE.
  2. ALL REVENUE DERIVED FROM THE FEES IMPOSED PURSUANT TO THIS  SECTION
SHALL  BE  EXPENDED  BY  THE  DEPARTMENT  TO  IMPLEMENT  AND ENFORCE THE
PROVISIONS OF THIS TITLE.
S 37-0515. PRODUCT LABELING.
  1. THE COMMISSIONER SHALL REQUIRE PRODUCT LABELING  OF  PRODUCTS  THAT
HAVE  BEEN  DETERMINED  TO  NOT CONTAIN BISPHENOL A, PURSUANT TO SECTION
37-0509 OF THIS TITLE. THE LABEL ON SUCH PRODUCTS WILL PROMINENTLY STATE
"BISPHENOL A FREE" OR "BPA-FREE" TO INFORM CONSUMERS  THAT  THE  PRODUCT
DOES NOT CONTAIN BISPHENOL A.
  2.  THE  COMMISSIONER  SHALL REQUIRE PRODUCT LABELING OF PRODUCTS THAT
HAVE BEEN GRANTED A WAIVER BECAUSE THEY CONTAIN BISPHENOL A PURSUANT  TO
SECTION  37-0511  OF  THIS TITLE. THE LABEL ON SUCH PRODUCTS WILL PROMI-
NENTLY STATE "WARNING - CONTAINS BISPHENOL A".

S. 3296                             4

S 37-0517. PUBLIC EDUCATION AND MANUFACTURER RECOGNITION.
  1.  THE  COMMISSIONER MAY ESTABLISH PARTNERSHIPS WITH PRODUCT MANUFAC-
TURERS TO ENHANCE THE MARKET FOR PRODUCTS THAT DO NOT CONTAIN  BISPHENOL
A AND REDUCE THE USE OF BISPHENOL A IN PRODUCTS.
  2.  THE  COMMISSIONER  MAY  DEVELOP AN AWARDS PROGRAM TO RECOGNIZE THE
ACCOMPLISHMENTS OF MANUFACTURERS WHICH EXCEED THE REQUIREMENTS  OF  THIS
TITLE AND WHICH EXCEL AT REDUCING OR ELIMINATING BISPHENOL A IN PRODUCTS
AND THE ENVIRONMENT.
S 37-0519. ENFORCEMENT.
  1.  WHENEVER  THERE SHALL BE A VIOLATION OF THIS TITLE, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION TO ENJOIN AND RESTRAIN THE CONTINUANCE
OF  SUCH  VIOLATION;  AND  IF IT SHALL APPEAR TO THE SATISFACTION OF THE
COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED  THIS  TITLE,
AN  INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT OR JUSTICE ENJOINING OR
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  WHENEVER THE COURT OR JUSTICE SHALL DETERMINE THAT A VIOLATION OF
THIS TITLE HAS OCCURRED, THE COURT OR JUSTICE MAY IMPOSE A CIVIL PENALTY
OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH  VIOLATION,  EXCEPT  THAT
THE COURT OR JUSTICE MAY IMPOSE A PENALTY OF NOT MORE THAN FIVE THOUSAND
DOLLARS  IF THE VIOLATION IS KNOWING AND WILLFUL. IN CONNECTION WITH ANY
SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS  AUTHORIZED  TO  TAKE
PROOF  AND  MAKE  A  DETERMINATION  OF  THE  RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  2. BEFORE ANY VIOLATION OF THIS TITLE IS SOUGHT TO  BE  ENJOINED,  THE
ATTORNEY  GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH
PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND  AN  OPPORTUNITY
TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE WHY
PROCEEDINGS  SHOULD  NOT  BE  INSTITUTED  AGAINST HIM OR HER, UNLESS THE
ATTORNEY GENERAL SHALL FIND, IN ANY  CASE  IN  WHICH  HE  OR  SHE  SEEKS
PRELIMINARY  RELIEF,  THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN
THE PUBLIC INTEREST.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law, provided that subdivi-
sion  2  of  section  37-0507  of the environmental conservation law, as
added by section two of this act, shall take effect two years after  the
effective date of this act.

2009-S3296A - Details

Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-S3296A - Summary

2009-S3296A - Sponsor Memo

                                 BILL NUMBER:  S3296A

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
enacting the "bisphenol A-free children and babies act"


 PURPOSE OF THE BILL :
The bill would prohibit the manufacture, distribution and sale of
certain toys and child care products, food and beverage containers
containing bisphenol-A which are intended for use by or upon a child,
as well as sports drink bottles.

 SUMMARY OF PROVISIONS :
The bill would prohibit the manufacture, distribution, sale or offer
for sale of any toy of child care product containing bisphenol-A
intended for use by a child under the age of three. Furthermore, BPA
would be prohibited for use in food or beverage containers, or
containers lined with materials containing BPA for children under the
age of fourteen years of age, or sports water bottles.

The bill requires manufacturers of such products or toys to use the
least toxic alternative to bisphenol-A in the product. Such
alternatives shall not be:

* Class A, B or C carcinogens as rated by the U.S .Environmental

Protection Agency (EPA);
or
* Substances listed as known or likely carcinogens; or substances
known, likely to be or suggestive of being human carcinogens; or
* Reproductive toxicants that cause birth defects reproductive harm or
developmental harm

The bill also contains civil penalties for violation of its
provisions.

 JUSTIFICATION :
Bisphenol A (BPA), a principle component in the production of
polycarbonate rigid plastic and epoxy resins, is used in many food and
drink packaging applications, as well as products intended for use by
young children. The resins are commonly used as lacquers to coat metal
products, such as food cans, bottle tops, jar lids and infant formula
containers. The resins are also used to line aseptic packages such as
juice boxes. The chemical bond between BPA molecules is unstable and
can be disrupted by heat, acidic reactions and other conditions that
can release BPA into the food or beverages within the containers.

According to the U.S. Centers for Disease Control, ninety-five percent
of Americans have detectable levels of BPA in their bodies, and most
are at or above the concentrations known to cause adverse effects in
laboratory studies. Research studies have found that babies have up to
eleven times higher levels of BPA in their bodies than do adults
because of greater exposure and reduced capacity to metabolize BPA.

BPA is a known estrogen-mimicking endocrine disruptor chemical.
Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain
deterioration, type-2 diabetes, cancer and obesity. Research has shown
that BPA can alter the expression of several hundred genes, with
effects varying among specific tissues and timing of exposure.
Pre-natal and neonatal exposure to BPA has been linked to altered DNA
function and genetic expression, male reproductive disorders and
lowered sperm counts, insulin resistance, early puberty, and changes
in prostate and mammary gland development, leading to potential
greater susceptibility to breast cancer and other cancer later in
life.
In 2008, thirty eight of the world's leading scientific experts on
BPA, who reviewed over 700 publish studies, released a consensus
statement warning of the adverse health effects of BPA exposure,
concluding that the average levels of BPA in people are above those
that cause harm in animals in laboratory experiments.

The requirement that substitutes for BPA in plastics should help to
ensure that we are not replacing one chemical of concern with others
that may be as toxic if not more toxic to children.  The age of
fourteen is consistent with the General Business Law definition of
"child".

This bill will significantly reduce the risk posed to children by
these chemicals. Canada has announced that it is proposing a ban on
polycarbonate baby bottles and strict limits on BPA in infant formula
cans. Nalgene has already announced that it will be phasing out the
use of BPA in its plastic containers, including sports bottles.
WalMart Canada has announced that it will immediately stop selling
baby bottles, sippy cups, pacifiers, food containers and water bottles
that contain BPA. Sunoco has announced that its customers must
guarantee that they will not use BPA in food and water containers for
children under 3 years of age.

 LEGISLATIVE HISTORY :
Similar legislation introduced in 2007. New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, except that Section 37-0505
shall take effect one year next succeeding the date on which it shall
have become law, and except that Section 37-0507.1 and Section
37-0507.3 shall take effect 6 months next succeeding the date on which
it shall have become a law, and except that Section 370507.2 shall
take effect two years next succeeding the date on which it shall have
become a law

2009-S3296A - Bill Text download pdf

2009-S3296B - Details

Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-S3296B - Summary

2009-S3296B - Sponsor Memo

                                 BILL NUMBER:  S3296B

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
enacting the "bisphenol A-free children and babies act"


 PURPOSE OF THE BILL :
The bill would prohibit the manufacture, distribution and sale of
certain toys and child care products, food and beverage containers
containing bisphenol-A which are intended for use by or upon a child,
as well as sports drink bottles.

 SUMMARY OF PROVISIONS :
The bill would prohibit the manufacture, distribution, sale or offer
for sale of any toy of child care product containing bisphenol-A
intended for use by a child under the age of three. Furthermore, BPA
would be prohibited for use in food or beverage containers, or
containers lined with materials containing BPA for children under the
age of fourteen years of age, or sports water bottles.

The bill requires manufacturers of such products or toys to use the
least toxic alternative to bisphenol-A in the product. Such
alternatives shall not be
* Class A, B or C carcinogens as rated by the U.S .Environmental
Protection Agency (EPA);

or
* Substances listed as known or likely carcinogens; or substances
known, likely to be or suggestive of being human carcinogens; or
* Reproductive toxicants that cause birth defects reproductive harm or
developmental harm.

The bill also contains civil penalties for violation of its
provisions.

 JUSTIFICATION :
Bisphenol A (BPA), a principle component in the production of
polycarbonate rigid plastic and epoxy resins, is used in many food and
drink packaging applications, as well as products intended for use by
young children. The resins are commonly used as lacquers to coat metal
products, such as food cans, bottle tops, jar lids and infant formula
containers. The resins are also used to line aseptic packages such as
juice boxes. The chemical bond between BPA molecules is unstable and
can be disrupted by heat, acidic reactions and other conditions that
can release BPA into the food or beverages within the containers.

According to the U.S. Centers for Disease Control, ninety-five percent
of Americans have detectable levels of BPA in their bodies, and most
are at or above the concentrations known to cause adverse effects in
laboratory studies. Research studies have found that babies have up to
eleven times higher levels of BPA in their bodies than do adults
because of greater exposure and reduced capacity to metabolize BPA.

BPA is a known estrogen-mimicking endocrine disruptor chemical.
Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain
deterioration, type-2 diabetes, cancer and obesity. Research has shown
that BPA can alter the expression of several hundred genes, with
effects varying among specific tissues and timing of exposure.
Pre-natal and neonatal exposure to BPA has been linked to altered DNA
function and genetic expression, male reproductive disorders and
lowered sperm counts, insulin resistance, early puberty, and changes
in prostate and mammary gland development, leading to potential
greater susceptibility to breast cancer and other cancer later in
life.

In 2008, thirty eight of the world's leading scientific experts on
BPA, who reviewed over 700 publish studies, released a consensus
statement warning of the adverse health effects of BPA exposure,
concluding that the average levels of BPA in people are above those
that cause harm in animals in laboratory experiments.

The requirement that substitutes for BPA in plastics should help to
ensure that we are not replacing one chemical of concern with others
that may be as toxic if not more toxic to children.  The age of
fourteen is consistent with the General Business Law definition of
"child".

This bill will significantly reduce the risk posed to children by
these chemicals. Canada has announced that it is proposing a ban on
polycarbonate baby bottles and strict limits on BPA in infant formula
cans. Nalgene has already announced that it will be phasing out the
use of BP A in its plastic containers, including sports bottles.
WalMart Canada has announced that it will immediately stop selling
baby bottles, sippy cups, pacifiers, food containers and water bottles
that contain BPA. Sunoco has announced that its customers must
guarantee that they will not use BPA in food and water containers for
children under 3 years of age.

 LEGISLATIVE HISTORY :
Similar legislation introduced in 2007. New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, except that Section 37-0505
shall take effect one year next succeeding the date on which it shall
have become law, and except that Section 37-0507.1 and Section
37-0507.3 shall take effect 6 months next succeeding the date on which
it shall have become a law, and except that Section 37-0507.2 shall
take effect two years next succeeding the date on which it shall have
become a law.

2009-S3296B - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S3296C - Details

Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-S3296C - Summary

2009-S3296C - Sponsor Memo

                                 BILL NUMBER:  S3296C

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
enacting the "bisphenol A-free children and babies act"


 PURPOSE OF THE BILL :
This bill prohibits the sale of any Bisphenol A (BPA) containing child
care products, toys or food and beverage containers intended primarily
for infants or children under three years of age.

 SUMMARY OF PROVISIONS :
Section 1 provides the legislative intent.

Section 2 prohibits the sale or offer for sale of any BPA containing
toy intended for a child under the age of three; any BPA containing
liquid, food or beverage container intended primarily for infants or
children under the age of three or any BPA containing child care
product as defined in this section.

Section 2 also establishes a waiver process for BPA containing liquid,
food and beverage containers when alternatives are not available;
authorizes the commissioner to require prominent labeling of bisphenol
A-free products and provides for State preemption of local statutes.

Section 3 imposes a civil penalty of not more than one thousand
dollars for each day during which a first violation continues and two
thousand five hundred dollars for each day during which a second
violation continues.

Section 4 establishes the effective date.

 JUSTIFICATION :
Bisphenol A (BPA), a principle component in the production of
polycarbonate rigid plastic and epoxy resins, is used in many food and
drink packaging applications, as well as products intended for use by
young children. The resins are commonly used as lacquers to coat metal
products, such as food cans, bottle tops, jar lids and infant formula
containers. The resins are also used to line aseptic packages such as
juice boxes. The chemical bond between BPA molecules is unstable and
can be disrupted by heat, acidic reactions and other conditions that
can release BPA into the food or beverages within the containers.

According to the U.S. Centers for Disease Control, ninety-five percent
of Americans have detectable levels of BPA in their bodies, and most
are at or above the concentrations known to cause adverse effects in
laboratory studies. Research studies have found that babies have up to
eleven times higher levels of BPA in their bodies than do adults
because of greater exposure and reduced capacity to metabolize BPA.

BPA is a known estrogen-mimicking endocrine disruptor chemical.
Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain
deterioration, type-2 diabetes, cancer and obesity. Research has shown
that BPA can alter the expression of several hundred genes, with
effects varying among specific tissues and timing of exposure.
Pre-natal and neonatal exposure to BPA has been linked to altered DNA
function and genetic expression, male reproductive disorders and
lowered sperm counts, insulin resistance, early puberty, and changes
in prostate and mammary gland development, leading to potential
greater susceptibility to breast cancer and other cancer later in
life.

This bill will significantly reduce the risk posed to children by
these chemicals.
 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately with child care products
containing BPA prohibited on December first 2010; toys containing BPA
prohibited on December first 2011 and food and beverage containers
that contain BPA prohibited on December first 2012.

2009-S3296C - Bill Text download pdf

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

                                 3296--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sens.  THOMPSON,  FOLEY,  BRESLIN,  OPPENHEIMER, PARKER,
  PERKINS -- read twice and ordered printed,  and  when  printed  to  be
  committed  to the Committee on Environmental Conservation -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  reported  favorably  from  said  committee  and
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting the "bisphenol A-free children and babies act"

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

  Section 1.  Legislative intent.   The legislature  hereby  finds  that
bisphenol A (BPA), a principal component in the production of polycarbo-
nate  rigid  plastic, is used in many products intended for use by young
children.
  According to  the  U.S.  Centers  for  Disease  Control,  ninety-three
percent  of  Americans  have  detectable  levels of bisphenol A in their
bodies.  Research studies have found that babies and toddlers have high-
er levels of bisphenol A in their  bodies  than  do  adults  because  of
greater exposure and reduced capacity to metabolize bisphenol A.
  Bisphenol  A  is a known estrogen-mimicking endocrine disruptor chemi-
cal.  Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain dete-
rioration, type-2 diabetes, cancer and obesity.
  The state of New York must act to significantly reduce the  harm  from
bisphenol  A, particularly for infants and children, the most vulnerable
within our population.
  S 2. Article 37 of the environmental conservation law  is  amended  by
adding a new title 5 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10403-09-9

S. 3296--C                          2

                                 TITLE 5
                               BISPHENOL A
SECTION 37-0501. SHORT TITLE.
        37-0503. DEFINITIONS.
        37-0505. TOYS AND CHILD CARE PRODUCTS.
        37-0507. WAIVERS.
        37-0509. PRODUCT LABELING.
        37-0511. PREEMPTION.
        37-0513. RULES AND REGULATIONS.
S 37-0501. SHORT TITLE.
  THIS  TITLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "BISPHENOL A-FREE
CHILDREN AND BABIES ACT".
S 37-0503. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "CHILD CARE PRODUCT" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE
MANUFACTURER FOR CHILD CARE, INCLUDING, BABY BOTTLES, BABY BOTTLE LINERS
AND CUPS, INCLUDING BUT NOT LIMITED TO SIPPY CUPS, PACIFIERS  AND  OTHER
PRODUCTS TO HELP WITH SUCKING OR TEETHING, TO FACILITATE SLEEP OR RELAX-
ATION, OR THE FEEDING OF CHILDREN.
  2.  "TOY"  MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE MANUFACTURER
TO BE USED FOR PLAY BY CHILDREN THREE YEARS OF AGE AND YOUNGER.
S 37-0505. TOYS AND CHILD CARE PRODUCTS.
  1. BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM,  PART-
NERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY CHILD CARE PRODUCT  INTENDED  FOR  USE  BY  A
CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING BISPHENOL A.
  2.  BEGINNING  DECEMBER  FIRST,  TWO THOUSAND ELEVEN, NO PERSON, FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY TOY CONTAINING BISPHENOL A.
  3. BEGINNING DECEMBER FIRST, TWO THOUSAND  TWELVE,  NO  PERSON,  FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL  OR  OFFER  FOR  SALE ANY LIQUID, FOOD OR BEVERAGE IN A CAN, JAR OR
OTHER CONTAINER CONTAINING BISPHENOL A IF THE LIQUID, FOOD  OR  BEVERAGE
IS DESIGNED OR INTENDED PRIMARILY FOR CONSUMPTION BY INFANTS OR CHILDREN
THREE YEARS OF AGE OR YOUNGER.
  4.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
DISTRIBUTION OF TOYS OR  CHILD  CARE  PRODUCTS  RESOLD  OR  OFFERED  FOR
RESALE, OR DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0507. WAIVERS.
  A  MANUFACTURER OF LIQUID, FOOD OR BEVERAGE PRODUCTS REGULATED BY THIS
TITLE, MAY APPLY TO THE DEPARTMENT FOR A WAIVER FOR ONE  YEAR  FROM  THE
REQUIREMENTS  OF  THIS  TITLE  IF  THE MANUFACTURER CAN DEMONSTRATE THAT
THERE ARE NO AVAILABLE ALTERNATIVES TO BISPHENOL A.   AFTER SUCH  WAIVER
PERIOD, THE MANUFACTURER MAY AGAIN APPLY FOR A WAIVER.
S 37-0509. PRODUCT LABELING.
  THE  COMMISSIONER  MAY  AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT DO
NOT CONTAIN BISPHENOL A.   THE LABEL ON SUCH  PRODUCTS  MAY  PROMINENTLY
STATE  "BISPHENOL  A  FREE"  OR  "BPA-FREE" TO INFORM CONSUMERS THAT THE
PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
S 37-0511. PREEMPTION.
  JURISDICTION IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE  REGU-
LATED  PURSUANT  TO  THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLU-
SIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, RELATING TO BISPHENOL A
SHALL BE PREEMPTED.
S 37-0513. RULES AND REGULATIONS.

S. 3296--C                          3

  THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND  REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. Section 71-3703 of the environmental conservation law, as amended
by chapter 671 of the laws of 1986, is amended to read as follows:
S 71-3703. Enforcement of article 37.
  1.  Any  person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0107 or any  rule  or  regulation
promulgated  pursuant hereto, shall be liable for a civil penalty not to
exceed two thousand five hundred dollars for each such violation and  an
additional  penalty  of  not more than five hundred dollars for each day
during which such violation continues, and, in  addition  thereto,  such
person may be enjoined from continuing such violation.
  2.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTION 37-0505 OR ANY  RULE  OR  REGULATION
PROMULGATED  PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO
EXCEED ONE THOUSAND DOLLARS FOR EACH DAY  DURING  WHICH  SUCH  VIOLATION
CONTINUES,  AND  IN  ADDITION  THERETO, SUCH PERSON MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND  VIOLATION  BE
LIABLE  TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO
THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH  SUCH  VIOLATION
CONTINUES.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2009-S3296D - Details

Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-S3296D - Summary

2009-S3296D - Sponsor Memo

                                 BILL NUMBER:  S3296D

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
enacting the "bisphenol A-free children and babies act"


 PURPOSE OF THE BILL :
This bill prohibits the sale of any Bisphenol A (BPA) containing child
care products intended primarily for infants or children under three
years of age.

 SUMMARY OF PROVISIONS :
Section 1 provides the legislative intent.

Section 2 prohibits the sale or offer for sale of any BPA containing
child care product as defined in this section.

Section 2 also establishes a waiver process for BPA containing liquid,
food and beverage containers when alternatives are not available;
authorizes the commissioner to require prominent labeling of bisphenol
A-free products and provides for State preemption of local statutes.

Section 3 imposes a civil penalty of not more than one thousand
dollars for each day during which a first violation continues and two
thousand five hundred dollars for each day during which a second

violation continues.

Section 4 establishes the effective date.

 JUSTIFICATION :
Bisphenol A (BPA) , a principle component in the production of
polycarbonate rigid plastic and epoxy resins, is used in many food and
drink packaging applications, as well as products intended for use by
young children. The resins are commonly used as lacquers to coat metal
products, such as food cans, bottle tops, jar lids and infant formula
containers. The resins are also used to line aseptic packages such as
juice boxes. The chemical bond between BPA molecules is unstable and
can be disrupted by heat, acidic reactions and other conditions that
can release BPA into the food or beverages within the containers.

According to the U.S. Centers for Disease Control, ninety-five percent
of Americans have detectable levels of BPA in their bodies, and most
are at or above the concentrations known to cause adverse effects in
laboratory studies. Research studies have found that babies have up to
eleven times higher levels of BPA in their bodies than do adults
because of greater exposure and reduced capacity to metabolize BPA.

BPA is a known estrogen-mimicking endocrine disruptor chemical.
Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain
deterioration, type-2 diabetes, cancer and obesity. Research has shown
that BPA can alter the expression of several hundred genes, with
effects varying among specific tissues and timing of exposure.
Pre-natal and neonatal exposure to BPA has been linked to altered DNA
function and genetic expression, male reproductive disorders and
lowered sperm counts, insulin resistance, early puberty, and changes
in prostate and mammary gland development, leading to potential
greater susceptibility to breast cancer and other cancer later in
life. This bill will significantly reduce the risk posed to children
by these chemicals.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately with child care products
containing BPA prohibited on December first 2010.

2009-S3296D - Bill Text download pdf

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

                                 3296--D

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced   by   Sens.   THOMPSON,   FOLEY,   LANZA,   BRESLIN,   DIAZ,
  HASSELL-THOMPSON, HUNTLEY, KRUEGER, MONTGOMERY, ONORATO,  OPPENHEIMER,
  PARKER,  PERKINS,  SAMPSON, SERRANO -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said  committee  --  reported  favorably
  from said committee and committed to the Committee on Codes -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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
  enacting the "bisphenol A-free children and babies act"

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

  Section  1.    Legislative intent.   The legislature hereby finds that
bisphenol A (BPA), a principal component in the production of polycarbo-
nate rigid plastic, is used in many products intended for use  by  young
children.
  According  to  the  U.S.  Centers  for  Disease  Control, ninety-three
percent of Americans have detectable levels  of  bisphenol  A  in  their
bodies.  Research studies have found that babies and toddlers have high-
er  levels  of  bisphenol  A  in  their bodies than do adults because of
greater exposure and reduced capacity to metabolize bisphenol A.
  Bisphenol A is a known estrogen-mimicking endocrine  disruptor  chemi-
cal.  Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain dete-
rioration, type-2 diabetes, cancer and obesity.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10403-12-9

S. 3296--D                          2

  The  state  of New York must act to significantly reduce the harm from
bisphenol A, particularly for infants and children, the most  vulnerable
within our population.
  S  2.  Article  37 of the environmental conservation law is amended by
adding a new title 5 to read as follows:
                                 TITLE 5
                               BISPHENOL A
SECTION 37-0501. SHORT TITLE.
        37-0503. DEFINITIONS.
        37-0505. CHILD CARE PRODUCTS.
        37-0507. WAIVERS.
        37-0509. PRODUCT LABELING.
        37-0511. PREEMPTION.
        37-0513. RULES AND REGULATIONS.
S 37-0501. SHORT TITLE.
  THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS  THE  "BISPHENOL  A-FREE
CHILDREN AND BABIES ACT".
S 37-0503. DEFINITIONS.
  AS USED IN THIS TITLE:
  "CHILD  CARE  PRODUCT"  MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE
MANUFACTURER FOR CHILD CARE, INCLUDING, BABY BOTTLES, BABY BOTTLE LINERS
AND CUPS, INCLUDING BUT NOT LIMITED TO SIPPY CUPS, PACIFIERS  AND  OTHER
PRODUCTS TO HELP WITH SUCKING OR TEETHING, TO FACILITATE SLEEP OR RELAX-
ATION, OR THE FEEDING OF CHILDREN.
S 37-0505. CHILD CARE PRODUCTS.
  1.  BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM, PART-
NERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY  OR  CORPORATION  SHALL
SELL  OR  OFFER  FOR  SALE  ANY CHILD CARE PRODUCT INTENDED FOR USE BY A
CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING BISPHENOL A.
  2. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  THE  SALE  OR
DISTRIBUTION  OF  CHILD  CARE  PRODUCTS RESOLD OR OFFERED FOR RESALE, OR
DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0507. WAIVERS.
  A MANUFACTURER OF LIQUID, FOOD OR BEVERAGE PRODUCTS REGULATED BY  THIS
TITLE,  MAY  APPLY  TO THE DEPARTMENT FOR A WAIVER FOR ONE YEAR FROM THE
REQUIREMENTS OF THIS TITLE IF  THE  MANUFACTURER  CAN  DEMONSTRATE  THAT
THERE  ARE  NO AVAILABLE ALTERNATIVES TO BISPHENOL A.  AFTER SUCH WAIVER
PERIOD, THE MANUFACTURER MAY AGAIN APPLY FOR A WAIVER.
S 37-0509. PRODUCT LABELING.
  THE COMMISSIONER MAY AUTHORIZE PRODUCT LABELING OF  PRODUCTS  THAT  DO
NOT  CONTAIN  BISPHENOL  A.   THE LABEL ON SUCH PRODUCTS MAY PROMINENTLY
STATE "BISPHENOL A FREE" OR "BPA-FREE"  TO  INFORM  CONSUMERS  THAT  THE
PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
S 37-0511. PREEMPTION.
  JURISDICTION  IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE REGU-
LATED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL  BE  VESTED  EXCLU-
SIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, RELATING TO BISPHENOL A
SHALL BE PREEMPTED.
S 37-0513. RULES AND REGULATIONS.
  THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. Section 71-3703 of the environmental conservation law, as amended
by chapter 671 of the laws of 1986, is amended to read as follows:
S 71-3703. Enforcement of article 37.

S. 3296--D                          3

  1. Any person who violates any of the provisions of, or who  fails  to
perform  any  duty  imposed by section 37-0107 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not  to
exceed  two thousand five hundred dollars for each such violation and an
additional  penalty  of  not more than five hundred dollars for each day
during which such violation continues, and, in  addition  thereto,  such
person may be enjoined from continuing such violation.
  2.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTION 37-0505 OR ANY  RULE  OR  REGULATION
PROMULGATED  PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO
EXCEED ONE THOUSAND DOLLARS FOR EACH DAY  DURING  WHICH  SUCH  VIOLATION
CONTINUES,  AND  IN  ADDITION  THERETO, SUCH PERSON MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND  VIOLATION  BE
LIABLE  TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO
THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH  SUCH  VIOLATION
CONTINUES.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2009-S3296E - Details

Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-S3296E - Summary

2009-S3296E - Sponsor Memo

                                 BILL NUMBER:  S3296E

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
enacting the "bisphenol A-free children and babies act"


 PURPOSE OF THE BILL :
This bill prohibits the sale of any Bisphenol A (BPA) containing child
care products intended primarily for infants or children under three
years of age.

 SUMMARY OF PROVISIONS :
Section 1 provides the legislative intent.

Section 2 prohibits the sale or offer for sale of any BPA containing
child care product as defined in this section.

Section 2 also establishes a waiver process for BPA containing liquid,
food and beverage containers when alternatives are not available;
authorizes the commissioner to require prominent labeling of bisphenol
A-free products and provides for State preemption of local statutes.

Section 3 imposes a civil penalty of not more than one thousand
dollars for each day during which a first violation continues and two
thousand five hundred dollars for each day during which a second

violation continues.

Section 4 establishes the effective date.

 JUSTIFICATION :
Bisphenol A (BPA), a principle component in the production of
polycarbonate rigid plastic and epoxy resins, is used in many food and
drink packaging applications, as well as products intended for use by
young children. The resins are commonly used as lacquers to coat metal
products, such as food cans, bottle tops, jar lids and infant formula
containers. The resins are also used to line aseptic packages such as
juice boxes. The chemical bond between BPA molecules is unstable and
can be disrupted by heat, acidic reactions and other conditions that
can release BPA into the food or beverages within the containers.
According to the U.S. Centers for Disease Control, ninety-five percent
of Americans have detectable levels of BPA in their bodies, and most
are at or above the concentrations known to cause adverse effects in
laboratory studies. Research studies have found that babies have up to
eleven times higher levels of BPA in their bodies than do adults
because of greater exposure and reduced capacity to metabolize BPA.
BPA is a known estrogen-mimicking endocrine disruptor chemical.
Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain
deterioration, type-2 diabetes, cancer and obesity. Research has shown
that BPA can alter the expression of several hundred genes, with
effects varying among specific tissues and timing of exposure.
Pre-natal and neonatal exposure to BPA has been linked to altered DNA
function and genetic expression, male reproductive disorders and
lowered sperm counts, insulin resistance, early puberty, and changes
in prostate and mammary gland development, leading to potential
greater susceptibility to breast cancer and other cancer later in
life. This bill will significantly reduce the risk posed to children
by these chemicals.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately with child care products
containing BPA prohibited on December first 2010.

2009-S3296E - Bill Text download pdf

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

                                 3296--E

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced   by   Sens.   THOMPSON,   FOLEY,   LANZA,   BRESLIN,   DIAZ,
  HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KRUEGER,  MONTGOMERY,  ONORATO,
  OPPENHEIMER,  PARKER,  PERKINS,  SAMPSON,  SERRANO  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reported  favorably from said committee and committed to the Committee
  on Codes -- 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  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting the "bisphenol A-free children and babies act"

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

  Section 1.  Legislative intent.   The legislature  hereby  finds  that
bisphenol A (BPA), a principal component in the production of polycarbo-
nate  rigid  plastic, is used in many products intended for use by young
children.
  According to  the  U.S.  Centers  for  Disease  Control,  ninety-three
percent  of  Americans  have  detectable  levels of bisphenol A in their
bodies.  Research studies have found that babies and toddlers have high-
er levels of bisphenol A in their  bodies  than  do  adults  because  of
greater exposure and reduced capacity to metabolize bisphenol A.
  Bisphenol  A  is a known estrogen-mimicking endocrine disruptor chemi-
cal.  Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain dete-
rioration, type-2 diabetes, cancer and obesity.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10403-14-9

S. 3296--E                          2

  The state of New York must act to significantly reduce the  harm  from
bisphenol  A, particularly for infants and children, the most vulnerable
within our population.
  S  2.  Article  37 of the environmental conservation law is amended by
adding a new title 5 to read as follows:
                                 TITLE 5
                               BISPHENOL A
SECTION 37-0501. SHORT TITLE.
        37-0503. DEFINITIONS.
        37-0505. CHILD CARE PRODUCTS.
        37-0507. WAIVERS.
        37-0509. PRODUCT LABELING.
        37-0511. PREEMPTION.
        37-0513. RULES AND REGULATIONS.
S 37-0501. SHORT TITLE.
  THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS  THE  "BISPHENOL  A-FREE
CHILDREN AND BABIES ACT".
S 37-0503. DEFINITIONS.
  AS USED IN THIS TITLE:
  "CHILD  CARE  PRODUCT"  MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE
MANUFACTURER FOR CHILD CARE, INCLUDING, BABY BOTTLES, BABY BOTTLE LINERS
AND CUPS, INCLUDING BUT NOT LIMITED TO SIPPY CUPS AND PACIFIERS.
S 37-0505. CHILD CARE PRODUCTS.
  1. BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM,  PART-
NERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY CHILD CARE PRODUCT  INTENDED  FOR  USE  BY  A
CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING BISPHENOL A.
  2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
DISTRIBUTION OF CHILD CARE PRODUCTS RESOLD OR  OFFERED  FOR  RESALE,  OR
DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0507. WAIVERS.
  A  MANUFACTURER OF LIQUID, FOOD OR BEVERAGE PRODUCTS REGULATED BY THIS
TITLE, MAY APPLY TO THE DEPARTMENT FOR A WAIVER FOR ONE  YEAR  FROM  THE
REQUIREMENTS  OF  THIS  TITLE  IF  THE MANUFACTURER CAN DEMONSTRATE THAT
THERE ARE NO AVAILABLE ALTERNATIVES TO BISPHENOL A.   AFTER SUCH  WAIVER
PERIOD, THE MANUFACTURER MAY AGAIN APPLY FOR A WAIVER.
S 37-0509. PRODUCT LABELING.
  THE  COMMISSIONER  MAY  AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT DO
NOT CONTAIN BISPHENOL A.   THE LABEL ON SUCH  PRODUCTS  MAY  PROMINENTLY
STATE  "BISPHENOL  A  FREE"  OR  "BPA-FREE" TO INFORM CONSUMERS THAT THE
PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
S 37-0511. PREEMPTION.
  JURISDICTION IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE  REGU-
LATED  PURSUANT  TO  THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLU-
SIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, RELATING TO BISPHENOL A
SHALL BE PREEMPTED.
S 37-0513. RULES AND REGULATIONS.
  THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND  REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. Section 71-3703 of the environmental conservation law, as amended
by chapter 671 of the laws of 1986, is amended to read as follows:
S 71-3703. Enforcement of article 37.
  1.  Any  person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0107 or any  rule  or  regulation
promulgated  pursuant hereto, shall be liable for a civil penalty not to

S. 3296--E                          3

exceed two thousand five hundred dollars for each such violation and  an
additional  penalty  of  not more than five hundred dollars for each day
during which such violation continues, and, in  addition  thereto,  such
person may be enjoined from continuing such violation.
  2.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTION 37-0505 OR ANY  RULE  OR  REGULATION
PROMULGATED  PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO
EXCEED ONE THOUSAND DOLLARS FOR EACH DAY  DURING  WHICH  SUCH  VIOLATION
CONTINUES,  AND  IN  ADDITION  THERETO, SUCH PERSON MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND  VIOLATION  BE
LIABLE  TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO
THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH  SUCH  VIOLATION
CONTINUES.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2009-S3296F - Details

Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-S3296F - Summary

2009-S3296F - Sponsor Memo

                                 BILL NUMBER:  S3296F

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
prohibiting the manufacture, distribution and sale of child pacifiers
and beverage containers containing bisphenol A


 PURPOSE OF THE BILL :
This bill prohibits the manufacture, distribution, and sale of "child
care products" (as defined by this title) containing Bisphenol A (BPA)
that are primarily intended for infants or children under three years
of age.

 SUMMARY OF PROVISIONS :
Section 1 provides the legislative intent.

Section 2 prohibits the sale or offer for sale of any "child care
product" containing BPA that is primarily intended for infants or
children under three years of age. "Child care product" is defined as
all pacifiers and beverage containers to be used by children under
three years old for the consumption of liquids including pacifiers,
baby bottles, baby bottle liners and cups, cup lids, straws and sippy
cups.

Section 2 also authorizes the commissioner to require prominent

labeling of BPA-free products and provides for State preemption of
local statutes.

Section 3 imposes a civil penalty of not more than one thousand
dollars for each day during which a first violation continues and an
injunction from continuing such violation. For a second violation, a
civil penalty not to exceed two thousand five hundred dollars will be
imposed for each day during which the violation continues.

Section 4 establishes the effective date as December first 2010.

 JUSTIFICATION :
Bisphenol A (BPA), a principle component in the production of
polycarbonate rigid plastic and epoxy resins, is used in many food and
drink packaging applications, as well as products intended for use by
young children. The chemical bond between BPA molecules is unstable
and can be disrupted by heat, acidic reactions and other conditions
that can release BPA into the food or beverages within the containers.

According to the U.S. Centers for Disease Control, ninety-five percent
of Americans have detectable levels of BPA in their bodies, and most
are at or above the concentrations known to cause adverse effects in
laboratory studies. Recently, the Food and Drug Administration (FDA)
has taken the position that recent studies provide reason for some
concern about the potential effects of BPA on the brain, behavior, and
prostate gland of fetuses, infants and children. As a response to
safety of products containing BPA, the agency is to reduce human
exposure to BPA, including recommendations to consumers on food
preparation.

Research studies have found that babies have up to eleven times higher
levels of BPA in their bodies than do adults because of greater
exposure and reduced capacity to metabolize BPA. BPA is a known
estrogen-mimicking endocrine disruptor chemical. Endocrine disruption
has been linked to a greater number of common ailments, including
heart disease, immune system disruption, brain deterioration, type-2
diabetes, cancer and obesity.  Research has shown that BPA can alter
the expression of several hundred genes, with effects varying among
specific tissues and timing of exposure.  Pre-natal and neonatal
exposure to BPA has been linked to altered DNA function and genetic
expression, male reproductive disorders and lowered sperm counts,
insulin resistance, early puberty, and changes in prostate and mammary
gland development, leading to potential greater susceptibility to
breast cancer and other cancer later in life. Currently, three
counties in New York: Albany County, Suffolk County, and Schenectady
County have enacted BPA legislation to protect infants and children
from BPA exposure. This bill will significantly empower New York to
reduce the risk posed to children by BPA exposure.  This bill will
significantly empower New York to reduce the risk posed to children by
BPA.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately. With regards to child care
products already containing BPA, such products are prohibited from
sale or offer for sale beginning December first 2010.

2009-S3296F - Bill Text download pdf

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

                                 3296--F

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced   by   Sens.   THOMPSON,   FOLEY,   LANZA,   BRESLIN,   DIAZ,
  HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KRUEGER,  MONSERRATE,  MONTGOM-
  ERY,  ONORATO,  OPPENHEIMER, PARKER, PERKINS, SAMPSON, SERRANO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Environmental Conservation -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably  from said committee and committed to the
  Committee on Codes --  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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to  the  Committee  on  Environmental
  Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the manufacture, distribution and sale of child pacifiers
  and beverage containers containing bisphenol A

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

  Section  1.    Legislative intent.   The legislature hereby finds that
bisphenol A (BPA), a principal component in the production of polycarbo-
nate rigid plastic, is used in many products intended for use  by  young
children.
  According  to  the  U.S.  Centers  for  Disease  Control, ninety-three
percent of Americans have detectable levels  of  bisphenol  A  in  their
bodies.  Research studies have found that babies and toddlers have high-
er  levels  of  bisphenol  A  in  their bodies than do adults because of
greater exposure and reduced capacity to metabolize bisphenol A.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10403-19-0

S. 3296--F                          2

  Bisphenol A is a known estrogen-mimicking endocrine  disruptor  chemi-
cal.  Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain dete-
rioration, type-2 diabetes, cancer and obesity.
  The  state  of New York must act to significantly reduce the harm from
bisphenol A, particularly for infants and children, the most  vulnerable
within our population.
  S  2.  Article  37 of the environmental conservation law is amended by
adding a new title 5 to read as follows:
                                 TITLE 5
                               BISPHENOL A
SECTION 37-0501. SHORT TITLE.
        37-0503. DEFINITIONS.
        37-0505. CHILD CARE PRODUCTS.
        37-0507. PRODUCT LABELING.
        37-0509. PREEMPTION.
        37-0511. RULES AND REGULATIONS.
S 37-0501. SHORT TITLE.
  THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS  THE  "BISPHENOL  A-FREE
CHILDREN AND BABIES ACT".
S 37-0503. DEFINITIONS.
  AS USED IN THIS TITLE:
  "CHILD CARE PRODUCT" MEANS ALL PACIFIERS AND BEVERAGE CONTAINERS TO BE
USED  BY  CHILDREN  UNDER THREE YEARS OLD FOR THE CONSUMPTION OF LIQUIDS
INCLUDING PACIFIERS, BABY BOTTLES, BABY  BOTTLE  LINERS  AND  CUPS,  CUP
LIDS, STRAWS AND SIPPY CUPS.
S 37-0505. CHILD CARE PRODUCTS.
  1.  BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM, PART-
NERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY  OR  CORPORATION  SHALL
SELL  OR  OFFER  FOR  SALE  ANY CHILD CARE PRODUCT INTENDED FOR USE BY A
CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING BISPHENOL A.
  2. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  THE  SALE  OR
DISTRIBUTION  OF  CHILD  CARE  PRODUCTS RESOLD OR OFFERED FOR RESALE, OR
DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0507. PRODUCT LABELING.
  THE COMMISSIONER SHALL AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT  DO
NOT  CONTAIN  BISPHENOL  A.   THE LABEL ON SUCH PRODUCTS MAY PROMINENTLY
STATE "BISPHENOL A FREE" OR "BPA-FREE"  TO  INFORM  CONSUMERS  THAT  THE
PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
S 37-0509. PREEMPTION.
  JURISDICTION  IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE REGU-
LATED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL  BE  VESTED  EXCLU-
SIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, RELATING TO BISPHENOL A
SHALL BE PREEMPTED.
S 37-0511. RULES AND REGULATIONS.
  THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. Section 71-3703 of the environmental conservation law, as amended
by chapter 671 of the laws of 1986, is amended to read as follows:
S 71-3703. Enforcement of article 37.
  1. Any person who violates any of the provisions of, or who  fails  to
perform  any  duty  imposed by section 37-0107 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not  to
exceed  two thousand five hundred dollars for each such violation and an
additional penalty of not more than five hundred dollars  for  each  day

S. 3296--F                          3

during  which  such  violation continues, and, in addition thereto, such
person may be enjoined from continuing such violation.
  2.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTION 37-0505 OR ANY  RULE  OR  REGULATION
PROMULGATED  PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO
EXCEED ONE THOUSAND DOLLARS FOR EACH DAY  DURING  WHICH  SUCH  VIOLATION
CONTINUES,  AND  IN  ADDITION  THERETO, SUCH PERSON MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND  VIOLATION  BE
LIABLE  TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO
THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH  SUCH  VIOLATION
CONTINUES.
  S 4. This act shall take effect immediately.

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2009-S3296G - Details

Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-S3296G - Summary

2009-S3296G - Sponsor Memo

                                 BILL NUMBER:  S3296G

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
prohibiting the manufacture, distribution and sale of child pacifiers
and beverage containers containing bisphenol A


 PURPOSE OF THE BILL :
This bill prohibits the manufacture, distribution, and sale of "child
care products" (as defined by this title) containing Bisphenol A (BPA)
that are primarily intended for infants or children under three years
of age.

 SUMMARY OF PROVISIONS :
Section 1 provides the legislative intent.

Section 2 prohibits the sale or offer for sale of any "child care
product" containing BPA that is primarily intended for infants or
children under three years of age. "Child care product" is defined as
all pacifiers and unfilled beverage containers to be used by children
under three years old for the consumption of liquids including
pacifiers, baby bottles, baby bottle liners and cups, cup lids, straws
and sippy cups.

Section 2 also authorizes the commissioner to require prominent

labeling of BPA-free products and provides for State preemption of
local statutes.

Section 3 imposes a civil penalty of not more than one thousand
dollars for each day during which a first violation continues and an
injunction from continuing such violation. For a second violation, a
civil penalty not to exceed two thousand five hundred dollars will be
imposed for each day during which the violation continues.

Section 4 establishes the effective date as December first 2010.

 JUSTIFICATION :
Bisphenol A (BPA), a principle component in the production of
polycarbonate rigid plastic and epoxy resins, is used in many food and
drink packaging applications, as well as products intended for use by
young children. The chemical bond between BPA molecules is unstable
and can be disrupted by heat, acidic reactions and other conditions
that can release BPA into the food or beverages within the containers.

According to the U.S. Centers for Disease Control, ninety-five percent
of Americans have detectable levels of BPA in their bodies, and most
are at or above the concentrations known to cause adverse effects in
laboratory studies. Recently, the Food and Drug Administration (FDA)
has taken the position that recent studies provide reason for some
concern about the potential effects of BPA on the brain, behavior, and
prostate gland of fetuses, infants and children. As a response to the
FDA's concern over the safety of products containing BPA, the agency
is supporting reasonable steps to reduce human exposure to BPA,
including actions by industry and recommendations to consumers on food
preparation.

Research studies have found that babies have up to eleven times higher
levels of BPA in their bodies than do adults because of greater
exposure and reduced capacity to metabolize BPA. BPA is a known
estrogen-mimicking endocrine disruptor chemical. Endocrine disruption
has been linked to a greater number of common ailments, including
heart disease, immune system disruption, brain deterioration, type-2
diabetes, cancer and obesity.  Research has shown that BPA can alter
the expression of several hundred genes, with effects varying among
specific tissues and timing of exposure.  Pre-natal and neonatal
exposure to BPA has been linked to altered DNA function and genetic
expression, male reproductive disorders and lowered sperm counts,
insulin resistance, early puberty, and changes in prostate and mammary
gland development, leading to potential greater susceptibility to
breast cancer and other cancer later in life. Currently, three
counties in New York: Albany County, Suffolk County, and Schenectady
County have enacted BPA legislation to protect infants and children
from BPA exposure. This bill will significantly empower New York to
reduce the risk posed to children by BPA.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately. With regards to child care
products already containing BPA, such products are prohibited from
sale or offer for sale beginning December first 2010.

2009-S3296G - Bill Text download pdf

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

                                 3296--G

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced   by   Sens.   THOMPSON,   FOLEY,   LANZA,   BRESLIN,   DIAZ,
  HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KRUEGER,  MONSERRATE,  MONTGOM-
  ERY,  ONORATO,  OPPENHEIMER, PARKER, PERKINS, SAMPSON, SERRANO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Environmental Conservation -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably  from said committee and committed to the
  Committee on Codes --  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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to  the  Committee  on  Environmental
  Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  reported  favorably  from  said  committee  and
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the manufacture, distribution and sale of child  pacifiers
  and beverage containers containing bisphenol A

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

  Section 1.  Legislative intent.   The legislature  hereby  finds  that
bisphenol A (BPA), a principal component in the production of polycarbo-
nate  rigid  plastic, is used in many products intended for use by young
children.
  According to  the  U.S.  Centers  for  Disease  Control,  ninety-three
percent  of  Americans  have  detectable  levels of bisphenol A in their

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10403-21-0

S. 3296--G                          2

bodies.  Research studies have found that babies and toddlers have high-
er levels of bisphenol A in their  bodies  than  do  adults  because  of
greater exposure and reduced capacity to metabolize bisphenol A.
  Bisphenol  A  is a known estrogen-mimicking endocrine disruptor chemi-
cal.  Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain dete-
rioration, type-2 diabetes, cancer and obesity.
  The state of New York must act to significantly reduce the  harm  from
bisphenol  A, particularly for infants and children, the most vulnerable
within our population.
  S 2. Article 37 of the environmental conservation law  is  amended  by
adding a new title 5 to read as follows:
                                 TITLE 5
                               BISPHENOL A
SECTION 37-0501. SHORT TITLE.
        37-0503. DEFINITIONS.
        37-0505. CHILD CARE PRODUCTS.
        37-0507. PRODUCT LABELING.
        37-0509. PREEMPTION.
        37-0511. RULES AND REGULATIONS.
S 37-0501. SHORT TITLE.
  THIS  TITLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "BISPHENOL A-FREE
CHILDREN AND BABIES ACT".
S 37-0503. DEFINITIONS.
  AS USED IN THIS TITLE:
  "CHILD  CARE  PRODUCT"  MEANS  ALL  PACIFIERS  AND  UNFILLED  BEVERAGE
CONTAINERS TO BE USED BY CHILDREN UNDER THREE YEARS OLD FOR THE CONSUMP-
TION  OF  LIQUIDS  INCLUDING PACIFIERS, BABY BOTTLES, BABY BOTTLE LINERS
AND CUPS, CUP LIDS, STRAWS AND SIPPY CUPS.
S 37-0505. CHILD CARE PRODUCTS.
  1. BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM,  PART-
NERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY CHILD CARE PRODUCT  INTENDED  FOR  USE  BY  A
CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING BISPHENOL A.
  2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
DISTRIBUTION OF CHILD CARE PRODUCTS RESOLD OR  OFFERED  FOR  RESALE,  OR
DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0507. PRODUCT LABELING.
  THE  COMMISSIONER SHALL AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT DO
NOT CONTAIN BISPHENOL A.   THE LABEL ON SUCH  PRODUCTS  MAY  PROMINENTLY
STATE  "BISPHENOL  A  FREE"  OR  "BPA-FREE" TO INFORM CONSUMERS THAT THE
PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
S 37-0509. PREEMPTION.
  JURISDICTION IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE  REGU-
LATED  PURSUANT  TO  THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLU-
SIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, RELATING TO BISPHENOL A
SHALL BE PREEMPTED.
S 37-0511. RULES AND REGULATIONS.
  THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND  REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. Section 71-3703 of the environmental conservation law, as amended
by chapter 671 of the laws of 1986, is amended to read as follows:
S 71-3703. Enforcement of article 37.
  1.  Any  person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0107 or any  rule  or  regulation

S. 3296--G                          3

promulgated  pursuant hereto, shall be liable for a civil penalty not to
exceed two thousand five hundred dollars for each such violation and  an
additional  penalty  of  not more than five hundred dollars for each day
during  which  such  violation continues, and, in addition thereto, such
person may be enjoined from continuing such violation.
  2. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
PERFORM  ANY  DUTY  IMPOSED BY SECTION 37-0505 OR ANY RULE OR REGULATION
PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT  TO
EXCEED  ONE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
CONTINUES, AND IN ADDITION THERETO, SUCH PERSON  MAY  BE  ENJOINED  FROM
CONTINUING  SUCH  VIOLATION. SUCH PERSON SHALL FOR A SECOND VIOLATION BE
LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED  TWO
THOUSAND  FIVE  HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
CONTINUES.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2009-S3296H (ACTIVE) - Details

Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-S3296H (ACTIVE) - Summary

2009-S3296H (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3296H              REVISED 06/08/10

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the manufacture, distribution and sale of child pacifiers
and beverage containers containing bisphenol A

PURPOSE OF THE BILL:
The bill would prohibit the manufacture, distribution and sale of
certain child care products containing bisphenol-A which are intended
for use by or upon a child.

SUMMARY OF PROVISIONS:
The bill would prohibit the manufacture, distribution, sale or offer for
sale of any child care product containing bisphenol-A intended for use
by a child three years or age or under. Child care products include
pacifiers, unfilled beverage containers, baby bottles, baby bottle lines
and cups, cup lids, straws and sippy cups.

The bill also allows the DEC Commissioner to authorize labeling for
Child care products covered in this title that do not contain bisphenol.
The bill would vest exclusive right of the State to regulate BPA for
those products contained in this bill. DEC is authorized to promulgate
rules and regulations.

The bill also contains civil penalties for violation of its provisions.

JUSTIFICATION:
Bisphenol-A is an estrogen-mimicking endocrine disrupter chemical used
in the production of epoxy resins and polycarbonate plastics and is the
main ingredient in hard polycarbonate plastics. BPA has been linked to
breast and prostate cancer, early-onset puberty and polycystic ovary
syndrome. These plastics are used in many foods and drink packaging
applications. Bisphenol-A has been shown to be a hormone disruptor and
is used in many products used by children, including pacifiers, baby
bottles, sippy cups and cup lids, baby bottle lines and straws. This
chemical has been shown to be present in most of the population.

The age of three reflects the type of products that are used by infants
and very young children. This bill will significantly reduce the risk
posed to children by these chemicals. Canada has announced that it is
proposing a ban on polycarbonate baby bottles and strict limits on BPA
in infant formula cans. Nalgene has already announced that it will be
phasing out the use of BPA in its plastic containers, including sports
bottles. WalMart Canada has announced that it will immediately stop
selling baby bottles, sippy cups, pacifiers, food containers and water
bottles that contain BPA. Vermont and Connecticut have enacted laws that
are similar to this proposal. Four counties in NYS have enacted local
laws prohibiting the use of BPA in sippy cups and baby bottles.

PRIOR LEGISLATIVE HISTORY:

Introduced in 2007.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act would take effect immediately and the BPA ban would take effect
on December 1, 2010.

2009-S3296H (ACTIVE) - Bill Text download pdf

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

                                 3296--H
    Cal. No. 399

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced   by   Sens.   THOMPSON,   FOLEY,   LANZA,   BRESLIN,   DIAZ,
  HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KRUEGER,  MONTGOMERY,  ONORATO,
  OPPENHEIMER,  PARKER, PERKINS, SAMPSON, SERRANO, SQUADRON, STAVISKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on Environmental Conservation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  reported favorably from said committee and committed to
  the Committee on Codes -- 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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to  the  Committee  on  Environmental
  Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  reported  favorably  from  said  committee  and
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably  from said committee and committed to the
  Committee on Finance -- reported favorably  from  said  committee  and
  committed  to  the  Committee on Rules -- reported favorably from said
  committee, ordered to a third reading, passed by Senate and  delivered
  to  the Assembly, recalled, vote reconsidered, restored to third read-
  ing, amended and ordered reprinted, retaining its place in  the  order
  of third reading

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the manufacture, distribution and sale of child  pacifiers
  and beverage containers containing bisphenol A

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10403-26-0

S. 3296--H                          2

  Section 1.  Legislative intent.   The legislature  hereby  finds  that
bisphenol A (BPA), a principal component in the production of polycarbo-
nate  rigid  plastic, is used in many products intended for use by young
children.
  According  to  the  U.S.  Centers  for  Disease  Control, ninety-three
percent of Americans have detectable levels  of  bisphenol  A  in  their
bodies.  Research studies have found that babies and toddlers have high-
er  levels  of  bisphenol  A  in  their bodies than do adults because of
greater exposure and reduced capacity to metabolize bisphenol A.
  Bisphenol A is a known estrogen-mimicking endocrine  disruptor  chemi-
cal.  Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain dete-
rioration, type-2 diabetes, cancer and obesity.
  The  state  of New York must act to significantly reduce the harm from
bisphenol A, particularly for infants and children, the most  vulnerable
within our population.
  S  2.  Article  37 of the environmental conservation law is amended by
adding a new title 5 to read as follows:
                                 TITLE 5
                               BISPHENOL A
SECTION 37-0501. SHORT TITLE.
        37-0503. DEFINITIONS.
        37-0505. CHILD CARE PRODUCTS.
        37-0507. PRODUCT LABELING.
        37-0509. PREEMPTION.
        37-0511. RULES AND REGULATIONS.
S 37-0501. SHORT TITLE.
  THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS  THE  "BISPHENOL  A-FREE
CHILDREN AND BABIES ACT".
S 37-0503. DEFINITIONS.
  AS  USED  IN  THIS TITLE, "CHILD CARE PRODUCT" MEANS ALL PACIFIERS AND
UNFILLED BEVERAGE CONTAINERS TO BE USED BY CHILDREN  UNDER  THREE  YEARS
OLD  FOR  THE  CONSUMPTION OF LIQUIDS INCLUDING PACIFIERS, BABY BOTTLES,
BABY BOTTLE LINERS AND CUPS, CUP LIDS, STRAWS AND SIPPY CUPS.
S 37-0505. CHILD CARE PRODUCTS.
  1. BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM,  PART-
NERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY CHILD CARE PRODUCT  INTENDED  FOR  USE  BY  A
CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING BISPHENOL A.
  2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
DISTRIBUTION OF CHILD CARE PRODUCTS RESOLD OR  OFFERED  FOR  RESALE,  OR
DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0507. PRODUCT LABELING.
  THE  COMMISSIONER  MAY  AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT DO
NOT CONTAIN BISPHENOL A.   THE LABEL ON SUCH  PRODUCTS  MAY  PROMINENTLY
STATE  "BISPHENOL  A  FREE"  OR  "BPA-FREE" TO INFORM CONSUMERS THAT THE
PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
S 37-0509. PREEMPTION.
  JURISDICTION IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE  REGU-
LATED  PURSUANT  TO  THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLU-
SIVELY IN THE STATE.
S 37-0511. RULES AND REGULATIONS.
  THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND  REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. Section 71-3703 of the environmental conservation law, as amended
by chapter 671 of the laws of 1986, is amended to read as follows:

S. 3296--H                          3

S 71-3703. Enforcement of article 37.
  1.  Any  person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0107 or any  rule  or  regulation
promulgated  pursuant hereto, shall be liable for a civil penalty not to
exceed two thousand five hundred dollars for each such violation and  an
additional  penalty  of  not more than five hundred dollars for each day
during which such violation continues, and, in  addition  thereto,  such
person may be enjoined from continuing such violation.
  2.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTION 37-0505 OR ANY  RULE  OR  REGULATION
PROMULGATED  PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO
EXCEED ONE THOUSAND DOLLARS FOR EACH DAY  DURING  WHICH  SUCH  VIOLATION
CONTINUES,  AND  IN  ADDITION  THERETO, SUCH PERSON MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND  VIOLATION  BE
LIABLE  TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO
THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH  SUCH  VIOLATION
CONTINUES.
  S 4. This act shall take effect immediately.

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Senate Bill S3296

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