senate Bill S770

2009-2010 Legislative Session

Prohibits the manufacture, distribution and sale of toys and child care products containing bisphenol-A or phthalates

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to consumer protection
Jan 15, 2009 referred to consumer protection

S770 - Bill Details

See Assembly Version of this Bill:
A11234
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law

S770 - Bill Texts

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BILL NUMBER: S770

TITLE OF BILL :
An act to amend the general business law, in relation to prohibiting
the manufacture, distribution and sale of toys and child care
products, containing bisphenol-A or phthalates, which are intended for
use by or upon a child under the age of fourteen years


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

SUMMARY OF PROVISIONS :
Section 1: The general business law is amended by adding a new section
397-b to prohibit the manufacture, distribution, sale or offer for
sale of any toy or child care product containing bisphenol-A and/or
phthalates intended for use by a child under fourteen.

Defines "phthalates", for the purposes of this section as:
di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl
butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl
phthalate (DIDP), or di-n-octyl phthalate (DnOP).

Prohibits the sale of a toy or child care product containing any
individual phthalate or multiple phthalates in concentrations in
excess of 0.1 percent.

Prohibits the sale of a product intended for use by a child under
fourteen, when such toy or product may be placed in the child's mouth
containing any individual phthalate or multiple phthalates in
concentrations in excess of 0.1 percent.

Requires manufacturers of such products or toys to use the least toxic
alternative to bisphenol-A or phthalates in the product. Such
alternatives shall not be: (i) Class A, B or C carcinogens as rated
by the U.S. Environmental Protection Agency (EPA); or (ii) Substances
listed as known or likely carcinogens; or substances known, likely to
be or suggestive of being human carcinogens; or (iii) Reproductive
toxicants that cause birth defects reproductive harm or developmental
harm.

Contains civil penalty of $10,000 a day for violation of the bill's
provisions.

Section 2: Establishes an effective date.

JUSTIFICATION :
Phthalates are a family of chemicals used in many children's plastic
products to improve flexibility. Children are exposed to phthalates
through everyday contact with these products as well as through
contact with indoor air and dust. Phthalates are used to plasticize
food containers, toys, and shampoos These chemicals have been shown to
have hormone disrupting properties and have been linked to premature
birth, reproductive defects and early onset puberty.

Bisphenol-A is an estrogen-mimicking endocrine disrupter chemical used
in the production of epoxy resigns and polycarbonate plastics and is
the main ingredient in hard polycarbonate plastics. These plastics are
used in many food and drink packaging applications. Bisphenol-A has
been shown to be a hormone disrupter and is used in many products used
by young children, including toys, pacifiers, baby bottles and
teethers.


This bill will significantly reduce the risk posed to young children
by these chemicals.

PRIOR LEGISLATIVE HISTORY :
2008 - Consumer Protection

FISCAL IMPLICATIONS :
None.

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