The New York State Senate

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

                                  2690

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A. P. RIVERA, COLTON, BENEDETTO, JAFFEE, MAISEL,
  LAVINE, EDDINGTON, BOYLAND,  FIELDS,  GABRYSZAK,  ZEBROWSKI,  LUPARDO,
  ROBINSON,  ORTIZ,  WEISENBERG,  MARKEY,  MAYERSOHN,  ESPAILLAT, SPANO,
  PERALTA -- Multi-Sponsored by -- M. of A.    ABBATE,  ALFANO,  CAMARA,
  CHRISTENSEN,  DelMONTE,  ERRIGO,  FINCH,  V. LOPEZ,  MAGEE, McDONOUGH,
  MILLMAN, PEOPLES, REILLY, SCHIMEL, THIELE, TOBACCO,  TOWNSEND,  WALKER
  --  read  once  and  referred to the Committee on Consumer Affairs and
  Protection

AN ACT to amend the general business law, in relation to prohibiting the
  manufacture, distribution and sale of toys  and  child  care  products
  containing phthalates

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

  Section 1. Legislative findings. The  legislature  hereby  finds  that
phthalates  are  a  class  of chemicals used in polyvinyl chloride (PVC)
plastic to improve flexibility and in cosmetics to bind fragrance to the
product. Phthalates are used in  many products intended for use by young
children including, but not limited to, teethers, toys and soft  plastic
books.
  It  is  further  found  that  there is extensive scientific literature
reporting the hormone disrupting effect of phthalates,  and  substantial
evidence that levels of the phthalates of concern are found in humans at
levels  associated  with  adverse  effects. Population studies show that
virtually everyone carries some level of phthalates in their  body.  For
the general population, the oral route of exposure is considered a major
route.
  S 2. The general business law is amended by adding a new section 397-b
to read as follows:
  S 397-B. TOYS AND CHILD CARE PRODUCTS; PHTHALATES. 1. FOR THE PURPOSES
OF THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03669-01-9

A. 2690                             2

  (A)  "CHILD  CARE  ARTICLE" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY
THE MANUFACTURER TO FACILITATE SLEEP, RELAXATION OR THE FEEDING OF CHIL-
DREN, OR TO HELP CHILDREN WITH SUCKING OR TEETHING;
  (B)  "TOY" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE MANUFACTURER
TO BE USED BY CHILDREN WHEN THEY PLAY.
  2. 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 CONTAINING DI(2-ETHYLEXYL)PHTHALATE, DIBU-
TYL  PHTHALATE  OR BUTYL BENZYL PHTHALATE IN CONCENTRATIONS IN EXCESS OF
0.1 PERCENT.
  3. 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 CONTAINING DI-ISONONYL PHTHALATE, DI-ISO-
DECYL PHTHALATE OR DI-N-OCTYL PHTHALATE IN CONCENTRATIONS IN  EXCESS  OF
0.1  PERCENT,  INTENDED FOR USE BY A CHILD UNDER THREE YEARS OF AGE WHEN
SUCH TOY OR PRODUCT MAY BE PLACED IN THE CHILD'S MOUTH.
  4. EVERY MANUFACTURER OF A PRODUCT OR TOY PROHIBITED BY  THIS  SECTION
SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A OR PHTHALATE IN
THE TOY OR PRODUCT. SUCH ALTERNATIVE SHALL NOT BE (I) A CARCINOGEN RATED
BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A, B OR C CARCI-
NOGENS, OR SUBSTANCES LISTED AS KNOWN OR LIKELY CARCINOGENS, 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 (II) REPRODUCTIVE TOXICANTS THAT  CAUSE  BIRTH
DEFECTS,  REPRODUCTIVE  HARM  OR DEVELOPMENTAL HARM AS IDENTIFIED BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
  5. ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
COMPANY  OR  CORPORATION  WHICH  VIOLATES  ANY PROVISION OF THIS SECTION
SHALL BE LIABLE FOR A CIVIL FINE OF NOT LESS THAN TEN  THOUSAND  DOLLARS
FOR EACH DAY OF SUCH VIOLATION.
  S 3. This act shall take effect January 1, 2010.