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

                                  7436

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

Introduced by M. of A. FIELDS -- 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
  sale of certain articles containing phthalates

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

  Section 1. Legislative findings and declaration. The legislature finds
and declares both of the following:
  (a) 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.
  (b)  There  is  extensive scientific literature reporting the hormone-
disrupting effects 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 392-j
to read as follows:
  S 392-J. PHTHALATES. 1. FOR THE PURPOSES OF THIS SECTION:
  (A) "TOY" SHALL MEAN ALL PRODUCTS DESIGNED OR INTENDED BY THE MANUFAC-
TURER TO BE USED BY CHILDREN WHEN THEY PLAY.
  (B) "CHILD CARE ARTICLE" SHALL MEAN ALL PRODUCTS DESIGNED OR  INTENDED
BY  THE  MANUFACTURER TO FACILITATE SLEEP, RELAXATION, OR THE FEEDING OF
CHILDREN, OR TO HELP CHILDREN WITH SUCKING OR TEETHING.
  2. (A) ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  ELEVEN,  NO  PERSON,
FIRM,  CORPORATION, OR OTHER LEGAL ENTITY SHALL MANUFACTURE, SELL, OFFER
TO SELL, OR DISTRIBUTE IN COMMERCE ANY TOY OR CHILD  CARE  ARTICLE  THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10814-01-9

              

A. 7436                             2

CONTAINS DI-(2-ETHYLHEXYL) PHTHALATE (DEHP), DIBUTYL PHTHALATE (DBP), OR
BENZYL BUTYL PHTHALATE (BBP), IN CONCENTRATIONS EXCEEDING 0.1 PERCENT.
  (B)  ON  OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, NO PERSON, FIRM,
CORPORATION, OR OTHER LEGAL ENTITY SHALL  MANUFACTURE,  SELL,  OFFER  TO
SELL,  OR  DISTRIBUTE IN COMMERCE ANY TOY OR CHILD CARE ARTICLE INTENDED
FOR USE BY A CHILD UNDER THREE YEARS OF  AGE  IF  THAT  PRODUCT  CAN  BE
PLACED  IN  THE  CHILD'S MOUTH AND CONTAINS DIISONONYL PHTHALATE (DINP),
DIISODECYL PHTHALATE (DIDP), OR DI-N-OCTYL PHTHALATE (DNOP), IN  CONCEN-
TRATIONS EXCEEDING 0.1 PERCENT.
  3.  (A)  MANUFACTURERS  SHALL  USE  THE  LEAST  TOXIC ALTERNATIVE WHEN
REPLACING PHTHALATES IN ACCORDANCE WITH THIS SECTION.
  (B) MANUFACTURERS SHALL  NOT  REPLACE  PHTHALATES,  PURSUANT  TO  THIS
SECTION,  WITH  CARCINOGENS  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  CARCINOGENIC  POTEN-
TIAL".
  (C)  MANUFACTURERS  SHALL  NOT  REPLACE  PHTHALATES,  PURSUANT TO THIS
SECTION, WITH REPRODUCTIVE TOXICANTS THAT CAUSE BIRTH DEFECTS, REPRODUC-
TIVE HARM, OR DEVELOPMENTAL HARM AS  IDENTIFIED  BY  THE  UNITED  STATES
ENVIRONMENTAL PROTECTION AGENCY.
  4.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO SUPERSEDE ANY
PROVISION OF SECTION THREE HUNDRED  NINETY-SIX-K  OF  THIS  ARTICLE,  AS
ADDED  BY  CHAPTER  SEVEN  HUNDRED  FIFTY-FOUR  OF  THE LAWS OF NINETEEN
HUNDRED SEVENTY-THREE.
  5. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, 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, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, 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  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
RESTRAINING ANY FURTHER VIOLATIONS, 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.  IF  THE  COURT  IN  SUCH  A  SPECIAL PROCEEDING DETERMINES THAT A
VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
PENALTY  OF  NOT  MORE  THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION. 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.
  6. 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.
  S 3. This act shall take effect immediately.