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
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
Contains civil penalty of $10,000 a day for violation of the bill's
Section 2: Establishes an effective date.
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
This bill will significantly reduce the risk posed to young children
by these chemicals.
PRIOR LEGISLATIVE HISTORY :
2008 - Consumer Protection
FISCAL IMPLICATIONS :
EFFECTIVE DATE :
This act would take effect January first, next succeeding the date on
which it becomes law.