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

                                  4602

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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  bisphenol-A, which are intended for use by or upon a child
  under the age of fourteen years

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

  Section 1. 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; BISPHENOL-A.  1. THE LEGISLA-
TURE HEREBY FINDS  THAT  BISPHENOL-A,  AN  ESTROGEN-MIMICKING  ENDOCRINE
DISRUPTER  CHEMICAL, IS USED IN THE PRODUCTION OF EPOXY RESINS AND POLY-
CARBONATE PLASTICS, AND IS THE MAIN  INGREDIENT  IN  HARD  POLYCARBONATE
PLASTICS.  THESE  PLASTICS  ARE  USED  IN  MANY FOOD AND DRINK PACKAGING
APPLICATIONS, AND THE RESINS ARE COMMONLY USED AS LACQUERS TO COAT METAL
PRODUCTS SUCH AS FOOD CANS, BOTTLE TOPS AND WATER SUPPLY PIPES.  BISPHE-
NOL-A  HAS  BEEN  SHOWN  TO HAVE HORMONE DISRUPTING EFFECTS, AND IS ALSO
USED IN MANY PRODUCTS INTENDED FOR USE BY YOUNG CHILDREN INCLUDING TOYS,
PACIFIERS, BABY BOTTLES AND TEETHERS.
  2. WHEN USED IN THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (A) "TOY" SHALL MEAN ALL PRODUCTS DESIGNED OR INTENDED BY THE MANUFAC-
TURER TO BE USED BY CHILDREN WHEN THEY PLAY; AND
  (B) "CHILD CARE ARTICLE" SHALL MEAN ALL PRODUCTS DESIGNED OR  INTENDED
BY  THE  MANUFACTURER FOR CHILD CARE, INCLUDING BUT NOT LIMITED TO THOSE
TO HELP CHILDREN WITH SUCKING OR TEETHING TO FACILITATE  SLEEP,  RELAXA-
TION OR THE FEEDING OF CHILDREN.
  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 INTENDED FOR USE BY A CHILD UNDER FOURTEEN
YEARS OF AGE CONTAINING BISPHENOL-A.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06399-01-9
              

A. 4602                             2

  4. EVERY MANUFACTURER OF A PRODUCT OR TOY PROHIBITED BY  THIS  SECTION
SHALL  USE  THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A 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 CARCINOGENS,
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 CARCI-
NOGEN POTENTIAL";  OR  (II)  REPRODUCTIVE  TOXICANTS  THAT  CAUSE  BIRTH
DEFECTS,  REPRODUCTIVE  HARM  OR DEVELOPMENTAL HARM AS IDENTIFIED BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
  5. THIS SECTION SHALL NOT APPLY TO THE SALE OR DISTRIBUTION OF TOYS OR
CHILD CARE ARTICLES SOLD OR OFFERED FOR SALE, OR DISTRIBUTED BY  CONSUM-
ERS FOR CONSUMER USE.
  6.  (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS ARTICLE, AN APPLI-
CATION 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 VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFAC-
TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED
THIS  ARTICLE,  AN  INJUNCTION  MAY  BE  ISSUED BY SUCH COURT OR JUSTICE
ENJOINING AND 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 SHALL DETERMINE THAT A VIOLATION OF THIS  ARTI-
CLE  HAS  OCCURRED THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN
ONE THOUSAND DOLLARS FOR EACH  VIOLATION,  EXCEPT  THAT  THE  COURT  MAY
IMPOSE  A  CIVIL  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.
  (B) BEFORE ANY VIOLATION OF THIS ARTICLE 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, UNLESS THE ATTORNEY
GENERAL SHALL FIND, IN ANY CASE IN WHICH HE  SEEKS  PRELIMINARY  RELIEF,
THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.