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.