The New York State Senate

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

                                  4212

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced  by  M. of A. P. RIVERA, COLTON, MAISEL, GABRYSZAK, ROBINSON,
  BENEDETTO, LAVINE, ZEBROWSKI, ORTIZ, JAFFEE, BOYLAND, LUPARDO, WEISEN-
  BERG, MARKEY, MAYERSOHN, SPANO --  Multi-Sponsored  by  --  M.  of  A.
  ABBATE,   CAMARA,   FINCH,   V. LOPEZ,   MAGEE,   McDONOUGH,  MILLMAN,
  PEOPLES-STOKES, REILLY, SCHIMEL, THIELE,  TOBACCO  --  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:
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00134-01-1

A. 4212                             2

  (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, 2012.