Assembly Bill A9867A

2009-2010 Legislative Session

Prohibits the manufacture, distribution and sale of child care products containing bisphenol A

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2010	print number 9867a
Feb 10, 2010	amend and recommit to environmental conservation
Feb 04, 2010	referred to environmental conservation

Bill Amendments

Original

A (Active)

2009-A9867 - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-A9867 - Summary

Enacts the "bisphenol A-free children and babies act"; prohibits the manufacture, distribution and sale of child care products containing bisphenol A; prohibits the manufacture, distribution and sale of beverage and food containers containing bisphenol A; requires product labeling.

2009-A9867 - Sponsor Memo

                                BILL NUMBER:A9867

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to prohibiting the manufacture, distribution and sale of  child
pacifiers and beverage containers containing bisphenol A

PURPOSE  OR  GENERAL  IDEA OF BILL: This bill prohibits the manufacture,
distribution, and sale of "child care  products"  (as  defined  by  this
title)  containing  Bisphenol  A  (BPA)  that are primarily intended for
infants or children under three years of age.

SUMMARY OF SPECIFIC PROVISIONS:   Section  1  provides  the  legislative
intent.

Section  2 prohibits the sale or offer for sale of any "child care prod-
uct" containing EPA that is primarily intended for infants  or  children
under three years of age. "Child care product" is defined as all pacifi-
ers and beverage containers to be used by children under three years old
for  the  consumption of liquids including pacifiers, baby bottles, baby
bottle liners and cups, cup lids, straws and sippy cups.

Section 2 also authorizes the commissioner to require prominent labeling
of EPA-free products and provides for State preemption  of  local  stat-
utes.

Section 3 imposes a civil penalty of not more than one than amid dollars

for  each day during which a first violation continues and an injunction
from continuing such violation. For a second violation, a civil  penalty
not to exceed two thousand five hundred dollars will be imposed for each
day during which the violation continues.

Section 4 establishes the effective date as December first 2010.

JUSTIFICATION:   Bisphenol   A  (BPA),  a  principle  component  in  the
production of polycarbonate rigid plastic and epoxy resins, is  used  in
many food and drink packaging applications, as well as products intended
for  use  by  young children. The chemical bond between BPA molecules is
unstable and can be disrupted by heat, acidic reactions and other condi-
tions that can release  BPA  into  the  food  or  beverages  within  the
containers.

According  to  the U.S. Centers for Disease Control, ninety-five percent
of Americans have detectable levels of EPA in their bodies, and most are
at or above the concentrations known to cause adverse effects in labora-
tory studies. Recently, the Food and Drug Administration (FDA) has taken
the position that recent studies provide reason for some  concern  about
the  potential effects of BPA on the brain, behavior, and prostate gland
of fetuses, infants and children. As a response to  safety  of  products
containing BPA, the agency is to reduce human exposure to BPA, including
recommendations to consumers on food preparation.

Research  studies  have found that babies have up to eleven times higher
levels of BPA in their bodies than do adults because of greater exposure
and reduced capacity to metabolize BPA. BPA is a known  estrogen-mimick-
ing  endocrine  disruptor chemical. Endocrine disruption has been linked
to  a greater number of common ailments, including heart disease, immune
system disruption, brain  deterioration,  type-2  diabetes,  cancer  and
obesity. Research has shown that BPA can alter the expression of several
hundred genes, with effects varying among specific tissues and timing of
exposure.  Pre-natal  and  neonatal  exposure  to BPA has been linked to
altered DNA function and genetic expression, male reproductive disorders
and lowered sperm counts, insulin resistance, early puberty, and changes
in prostate and mammary gland development, leading to potential  greater
susceptibility to breast cancer and other cancer later in life. Current-
ly,  three  counties  in  New York:   Albany County, Suffolk County, and
Schenectady County have enacted BPA legislation to protect  infants  and
children  from  BPA exposure.   This bill will significantly empower New
York to reduce the risk posed to children by BPA exposure.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately. With regards to
child care products already containing EPA, such products are prohibited
from sale or offer for sale beginning December first 2010.

2009-A9867 - Bill Text download pdf

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

                                  9867

                          I N  A S S E M B L Y

                            February 4, 2010
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the manufacture, distribution and sale of child pacifiers
  and beverage containers containing bisphenol A

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

  Section  1.    Legislative intent.   The legislature hereby finds that
bisphenol A (BPA), a principal component in the production of polycarbo-
nate rigid plastic, is used in many products intended for use  by  young
children.
  According  to  the  U.S.  Centers  for  Disease  Control, ninety-three
percent of Americans have detectable levels  of  bisphenol  A  in  their
bodies.  Research studies have found that babies and toddlers have high-
er  levels  of  bisphenol  A  in  their bodies than do adults because of
greater exposure and reduced capacity to metabolize bisphenol A.
  Bisphenol A is a known estrogen-mimicking endocrine  disruptor  chemi-
cal.  Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain dete-
rioration, type-2 diabetes, cancer and obesity.
  The  state  of New York must act to significantly reduce the harm from
bisphenol A, particularly for infants and children, the most  vulnerable
within our population.
  S  2.  Article  37 of the environmental conservation law is amended by
adding a new title 5 to read as follows:
                                 TITLE 5
                               BISPHENOL A
SECTION 37-0501. SHORT TITLE.
        37-0503. DEFINITIONS.
        37-0505. CHILD CARE PRODUCTS.
        37-0507. PRODUCT LABELING.
        37-0509. PREEMPTION.
        37-0511. RULES AND REGULATIONS.
S 37-0501. SHORT TITLE.

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

                                                           LBD10403-20-0

A. 9867                             2

  THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS  THE  "BISPHENOL  A-FREE
CHILDREN AND BABIES ACT".
S 37-0503. DEFINITIONS.
  AS USED IN THIS TITLE:
  "CHILD CARE PRODUCT" MEANS ALL PACIFIERS AND BEVERAGE CONTAINERS TO BE
USED  BY  CHILDREN  UNDER THREE YEARS OLD FOR THE CONSUMPTION OF LIQUIDS
INCLUDING PACIFIERS, BABY BOTTLES, BABY  BOTTLE  LINERS  AND  CUPS,  CUP
LIDS, STRAWS AND SIPPY CUPS.
S 37-0505. CHILD CARE PRODUCTS.
  1.  BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM, PART-
NERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY  OR  CORPORATION  SHALL
SELL  OR  OFFER  FOR  SALE  ANY CHILD CARE PRODUCT INTENDED FOR USE BY A
CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING BISPHENOL A.
  2. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  THE  SALE  OR
DISTRIBUTION  OF  CHILD  CARE  PRODUCTS RESOLD OR OFFERED FOR RESALE, OR
DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0507. PRODUCT LABELING.
  THE COMMISSIONER SHALL AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT  DO
NOT  CONTAIN  BISPHENOL  A.   THE LABEL ON SUCH PRODUCTS MAY PROMINENTLY
STATE "BISPHENOL A FREE" OR "BPA-FREE"  TO  INFORM  CONSUMERS  THAT  THE
PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
S 37-0509. PREEMPTION.
  JURISDICTION  IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE REGU-
LATED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL  BE  VESTED  EXCLU-
SIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, RELATING TO BISPHENOL A
SHALL BE PREEMPTED.
S 37-0511. RULES AND REGULATIONS.
  THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. Section 71-3703 of the environmental conservation law, as amended
by chapter 671 of the laws of 1986, is amended to read as follows:
S 71-3703. Enforcement of article 37.
  1. Any person who violates any of the provisions of, or who  fails  to
perform  any  duty  imposed by section 37-0107 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not  to
exceed  two thousand five hundred dollars for each such violation and an
additional penalty of not more than five hundred dollars  for  each  day
during  which  such  violation continues, and, in addition thereto, such
person may be enjoined from continuing such violation.
  2. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
PERFORM  ANY  DUTY  IMPOSED BY SECTION 37-0505 OR ANY RULE OR REGULATION
PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT  TO
EXCEED  ONE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
CONTINUES, AND IN ADDITION THERETO, SUCH PERSON  MAY  BE  ENJOINED  FROM
CONTINUING  SUCH  VIOLATION. SUCH PERSON SHALL FOR A SECOND VIOLATION BE
LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED  TWO
THOUSAND  FIVE  HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
CONTINUES.
  S 4. This act shall take effect immediately.

2009-A9867A (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 5 §§37-0501 - 37-0511, amd §71-3703, En Con L

2009-A9867A (ACTIVE) - Summary

2009-A9867A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9867A

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to prohibiting the manufacture, distribution and sale of  child
pacifiers and beverage containers containing bisphenol A

PURPOSE  OR  GENERAL  IDEA OF BILL: This bill prohibits the manufacture,
distribution, and sale of "child care  products"  (as  defined  by  this
title)  containing  Bisphenol  A  (EPA)  that are primarily intended for
infants or children under three years of age.

SUMMARY OF SPECIFIC PROVISIONS:   Section  1  provides  the  legislative
intent.

Section  2 prohibits the sale or offer for sale of any "child care prod-
uct" containing BPA that is primarily intended for infants  or  children
under three years of age. "Child care product" is defined as all pacifi-
ers and beverage containers to be used by children under three years old
for  the  consumption of liquids including pacifiers, baby bottles, baby
bottle liners and cups, cup lids, straws and sippy cups.

Section 2 also authorizes the commissioner to require prominent labeling
of EPA-free products and provides for State preemption  of  local  stat-
utes.

Section  3 imposes a civil penalty of not more than one thousand dollars

for each day during which a first violation continues and an  injunction
from  continuing such violation. For a second violation, a civil penalty
not to exceed two thousand five hundred dollars will be imposed for each
day during which the violation continues.

Section 4 establishes the effective date as December first 2010.

JUSTIFICATION:  Bisphenol  A  (BPA),  a  principle  component   in   the
production  of  potycarbonate rigid plastic and epoxy resins, is used in
many food and drink packaging applications, as well as products intended
for use by young children. The chemical bond between  EPA  molecules  is
unstable and can be disrupted by heat, acidic reactions and other condi-
tions  that  can  release  EPA  into  the  food  or beverages within the
containers.

According to the U.S. Centers for Disease Control,  ninety-five  percent
of Americans have detectable levels of EPA in their bodies, and most are
at or above the concentrations known to cause adverse effects in labora-
tory studies. Recently, the Food and Drug Administration (FDA) has taken
the  position  that recent studies provide reason for some concern about
the potential effects of BPA on the brain, behavior, and prostate  gland
of  fetuses,  infants  and children. As a response to safety of products
containing BPA, the agency is to reduce human exposure to BPA, including
recommendations to consumers on food preparation.

Research studies have found that babies have up to eleven  times  higher
levels of EPA in their bodies than do adults because of greater exposure
and  reduced capacity to metabolize BPA. EPA is a known estrogen-mimick-
ing endocrine disruptor chemical. Endocrine disruption has  been  linked
to  a greater number of common ailments, including heart disease, immune
system disruption, brain  deterioration,  type-2  diabetes,  cancer  and
obesity. Research has shown that EPA can alter the expression of several
hundred genes, with effects varying among specific tissues and timing of
exposure.  Pre-natal  and  neonatal  exposure  to BPA has been linked to
altered DNA function and genetic expression, male reproductive disorders
and lowered sperm counts, insulin resistance, early puberty, and changes
in prostate and mammary gland development, leading to potential  greater
susceptibility to breast cancer and other cancer later in life. Current-
ly,  three  counties  in  New York:   Albany County, Suffolk County, and
Schenectady County have enacted BPA legislation to protect  infants  and
children  from  BPA exposure.   This bill will significantly empower New
York to reduce the risk posed to children by BPA exposure.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately. With regards  to
child care products already containing BPA, such products are prohibited
from sale or offer for sale beginning December first 2010.

2009-A9867A (ACTIVE) - Bill Text download pdf

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

                                 9867--A

                          I N  A S S E M B L Y

                            February 4, 2010
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the manufacture, distribution and sale of child pacifiers
  and beverage containers containing bisphenol A

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

  Section  1.    Legislative intent.   The legislature hereby finds that
bisphenol A (BPA), a principal component in the production of polycarbo-
nate rigid plastic, is used in many products intended for use  by  young
children.
  According  to  the  U.S.  Centers  for  Disease  Control, ninety-three
percent of Americans have detectable levels  of  bisphenol  A  in  their
bodies.  Research studies have found that babies and toddlers have high-
er  levels  of  bisphenol  A  in  their bodies than do adults because of
greater exposure and reduced capacity to metabolize bisphenol A.
  Bisphenol A is a known estrogen-mimicking endocrine  disruptor  chemi-
cal.  Endocrine disruption has been linked to a greater number of common
ailments, including heart disease, immune system disruption, brain dete-
rioration, type-2 diabetes, cancer and obesity.
  The  state  of New York must act to significantly reduce the harm from
bisphenol A, particularly for infants and children, the most  vulnerable
within our population.
  S  2.  Article  37 of the environmental conservation law is amended by
adding a new title 5 to read as follows:
                                 TITLE 5
                               BISPHENOL A
SECTION 37-0501. SHORT TITLE.
        37-0503. DEFINITIONS.
        37-0505. CHILD CARE PRODUCTS.
        37-0507. PRODUCT LABELING.
        37-0509. PREEMPTION.

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

                                                           LBD10403-22-0

A. 9867--A                          2

        37-0511. RULES AND REGULATIONS.
S 37-0501. SHORT TITLE.
  THIS  TITLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "BISPHENOL A-FREE
CHILDREN AND BABIES ACT".
S 37-0503. DEFINITIONS.
  AS USED IN THIS TITLE:
  "CHILD  CARE  PRODUCT"  MEANS  ALL  PACIFIERS  AND  UNFILLED  BEVERAGE
CONTAINERS TO BE USED BY CHILDREN UNDER THREE YEARS OLD FOR THE CONSUMP-
TION  OF  LIQUIDS  INCLUDING PACIFIERS, BABY BOTTLES, BABY BOTTLE LINERS
AND CUPS, CUP LIDS, STRAWS AND SIPPY CUPS.
S 37-0505. CHILD CARE PRODUCTS.
  1. BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM,  PART-
NERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY CHILD CARE PRODUCT  INTENDED  FOR  USE  BY  A
CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING BISPHENOL A.
  2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
DISTRIBUTION OF CHILD CARE PRODUCTS RESOLD OR  OFFERED  FOR  RESALE,  OR
DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0507. PRODUCT LABELING.
  THE  COMMISSIONER SHALL AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT DO
NOT CONTAIN BISPHENOL A.   THE LABEL ON SUCH  PRODUCTS  MAY  PROMINENTLY
STATE  "BISPHENOL  A  FREE"  OR  "BPA-FREE" TO INFORM CONSUMERS THAT THE
PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
S 37-0509. PREEMPTION.
  JURISDICTION IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE  REGU-
LATED  PURSUANT  TO  THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLU-
SIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, RELATING TO BISPHENOL A
SHALL BE PREEMPTED.
S 37-0511. RULES AND REGULATIONS.
  THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND  REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. Section 71-3703 of the environmental conservation law, as amended
by chapter 671 of the laws of 1986, is amended to read as follows:
S 71-3703. Enforcement of article 37.
  1.  Any  person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0107 or any  rule  or  regulation
promulgated  pursuant hereto, shall be liable for a civil penalty not to
exceed two thousand five hundred dollars for each such violation and  an
additional  penalty  of  not more than five hundred dollars for each day
during which such violation continues, and, in  addition  thereto,  such
person may be enjoined from continuing such violation.
  2.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTION 37-0505 OR ANY  RULE  OR  REGULATION
PROMULGATED  PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO
EXCEED ONE THOUSAND DOLLARS FOR EACH DAY  DURING  WHICH  SUCH  VIOLATION
CONTINUES,  AND  IN  ADDITION  THERETO, SUCH PERSON MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND  VIOLATION  BE
LIABLE  TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO
THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH  SUCH  VIOLATION
CONTINUES.
  S 4. This act shall take effect immediately.

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Assembly Bill A9867A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A9867 - Details

2009-A9867 - Summary

2009-A9867 - Sponsor Memo

2009-A9867 - Bill Text download pdf

2009-A9867A (ACTIVE) - Details

2009-A9867A (ACTIVE) - Summary

2009-A9867A (ACTIVE) - Sponsor Memo

2009-A9867A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

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Assembly Bill A9867A

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Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A9867 - Details

2009-A9867 - Summary

2009-A9867 - Sponsor Memo

2009-A9867 - Bill Text download pdf

2009-A9867A (ACTIVE) - Details

2009-A9867A (ACTIVE) - Summary

2009-A9867A (ACTIVE) - Sponsor Memo

2009-A9867A (ACTIVE) - Bill Text download pdf

Comments