senate Bill S1526B

2011-2012 Legislative Session

Relates to regulation of toxic chemicals in children's products

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Senate Actions - UPPERCASE
Jun 13, 2012 print number 1526b
amend and recommit to environmental conservation
Jan 04, 2012 referred to environmental conservation
Dec 30, 2011 print number 1526a
amend and recommit to environmental conservation
Jan 10, 2011 referred to environmental conservation

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S1526 - Bill Details

See Assembly Version of this Bill:
A3141A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §§37-0901 - 37-0917, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3141A
2009-2010: A10089B, S7070D

S1526 - Bill Texts

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Relates to regulation of toxic chemicals in children's products; establishes the interstate chemical clearinghouse.

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BILL NUMBER:S1526

TITLE OF BILL:
An act
to amend the real property tax law, in relation to changes in assessment
for businesses that make payments in lieu of taxes

PURPOSE: This bill requires businesses that make
payments in lieu of
taxes (PILOTs) to provide local governments and school districts with
notice of their intention to change assessment.

SUMMARY OF PROVISIONS: The real property tax law is
amended by adding
a new section 561 to require businesses that make payments in lieu of
taxes (PILOTS) to provide local governments and school districts with
notice of their intention to change assessment.

Such notification must be made in writing and must be made at least
thirty days prior to such filing for change of assessment.

JUSTIFICATION: Many businesses have been enticed to
areas through a
development program known as PILOT, payment in lieu of taxes. The
program exempts certain businesses from property taxes in exchange
for payments to the county, towns and school districts where they are
located. Some PILOT agreements have provisions that allow the
business to challenge property tax assessments and win a credit
against future payments if found to be a valid challenge.

A successful challenge would create a substantial reduction in revenue
to a locality and school district that relies on PILOT payments. The
potential impact to a school district or locality could be
devastating. Localities and school districts should be given the
courtesy of previous notice that the business is filing an assessment
challenge. Notification would allow for planning and budgeting
decisions to be made that would reflect a possible reduction in PILOT
payments.

LEGISLATIVE HISTORY: Passed Senate 2007-2008. S.602
of 2009/10. Passed Senate 2011-12 (S.950).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1526

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced by Sens. PERKINS, ADAMS, DIAZ, DUANE, HASSELL-THOMPSON, HUNT-
  LEY,   KRUEGER,  MONTGOMERY,  OPPENHEIMER,  PARKER,  SAVINO,  SERRANO,
  STEWART-COUSINS -- read twice and ordered printed, and when printed to
  be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of toxic chemicals in children's products

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

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 7 to read as follows:
                                TITLE VII
                 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0701. DEFINITIONS.
        37-0703. CHEMICALS OF HIGH CONCERN.
        37-0705. PRIORITY CHEMICALS.
        37-0707. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
        37-0709. SALES PROHIBITION.
        37-0711. APPLICABILITY.
        37-0713. ENFORCEMENT AND IMPLEMENTATION.
        37-0715. INTERSTATE CHEMICAL CLEARINGHOUSE.
        37-0717. REGULATIONS.
S 37-0701. DEFINITIONS.
  AS  USED  IN  THIS  TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
  1. "CHILDREN'S APPAREL" MEANS ANY ITEM OF CLOTHING  THAT  CONSISTS  OF
FABRIC  OR  RELATED  MATERIAL INTENDED OR PROMOTED FOR USE IN CHILDREN'S
CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
TO PREVENT INJURY, INCLUDING,  BUT  NOT  LIMITED  TO,  BICYCLE  HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
  2.  "CHEMICAL" MEANS A SUBSTANCE WITH A DISTINCT MOLECULAR COMPOSITION
OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE BREAKDOWN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03600-01-1

S. 1526                             2

PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
DEGRADATION OR METABOLISM.
  3. "CHEMICAL OF HIGH CONCERN" MEANS A CHEMICAL INCLUDED IN THE LIST OF
"CHEMICALS  OF  HIGH CONCERN" PUBLISHED IN JUNE 2009 PURSUANT TO CHAPTER
16-D OF TITLE 38 OF THE MAINE REVISED STATUTES ANNOTATED.
  4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
  5. "CHILDREN'S PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR USE  BY
CHILDREN,  INCLUDING  EXTERNAL  COMPONENT PARTS AND PACKAGING, INCLUDING
BABY PRODUCTS, TOYS,  CAR  SEATS,  PERSONAL  CARE  PRODUCTS,  A  PRODUCT
DESIGNED OR INTENDED BY THE MANUFACTURER TO HELP A CHILD WITH SUCKING OR
TEETHING,  TO  FACILITATE  SLEEP, RELAXATION, OR THE FEEDING OF A CHILD,
JEWELRY, NOVELTY PRODUCTS, BEDDING, FURNITURE,  FURNISHINGS,  CHILDREN'S
APPAREL,  AND  THE HOUSING OF CONSUMER ELECTRONIC PRODUCTS.  "CHILDREN'S
PRODUCT" DOES NOT INCLUDE (A)  BATTERIES;  OR  (B)  CONSUMER  ELECTRONIC
PRODUCTS  ENCLOSED WITHIN A SECURE HOUSING, INCLUDING BUT NOT LIMITED TO
PERSONAL COMPUTERS, AUDIO AND  VIDEO  EQUIPMENT,  CALCULATORS,  WIRELESS
PHONES,  GAME  CONSOLES,  AND  HANDHELD  DEVICES  INCORPORATING  A VIDEO
SCREEN, USED TO ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPH-
ERALS, EXCEPT FOR SAID SECURE HOUSING; OR (C) A FOOD OR BEVERAGE  OR  AN
ADDITIVE  TO  A FOOD OR BEVERAGE REGULATED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION; OR (D) A TOBACCO PRODUCT OR PAPER OR  FOREST  PROD-
UCT;  OR  (E)  A  PESTICIDE REGULATED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY.  CHILDREN'S PRODUCT ALSO DOES  NOT  INCLUDE  A  DRUG,
BIOLOGIC  OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION OR THE PACKAGING OF SUCH DRUG, BIOLOGIC OR MEDICAL DEVICE
IF SUCH PACKAGING IS REGULATED BY THE UNITED STATES FOOD AND DRUG ADMIN-
ISTRATION.
  6. "DISTRIBUTOR" MEANS A  PERSON  WHO  SELLS  CHILDREN'S  PRODUCTS  TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  7.  "INTENTIONALLY  ADDED" MEANS THE DELIBERATE USE IN THE FORMULATION
OF A PRODUCT OR SUBPART WHERE ITS CONTINUED PRESENCE IS DESIRED  IN  THE
FINAL  PRODUCT  OR SUBPART TO PROVIDE A SPECIFIC CHARACTERISTIC, APPEAR-
ANCE OR QUALITY.
  8. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A  FINAL
CHILDREN'S  PRODUCT  OR  WHOSE  BRAND  NAME IS AFFIXED TO THE CHILDREN'S
PRODUCT. IN THE CASE OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO  THE
UNITED  STATES,  "MANUFACTURER"  INCLUDES THE IMPORTER OR FIRST DOMESTIC
DISTRIBUTOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO CURRENTLY  MANU-
FACTURES  OR  ASSEMBLES  THE  CHILDREN'S  PRODUCT OR WHOSE BRAND NAME IS
AFFIXED TO THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED
STATES.
  9. "NOVELTY PRODUCT" MEANS A PRODUCT INTENDED MAINLY FOR  PERSONAL  OR
HOUSEHOLD  ENJOYMENT OR ADORNMENT. NOVELTY PRODUCTS INCLUDE, BUT ARE NOT
LIMITED TO, ITEMS INTENDED FOR USE AS PRACTICAL JOKES, FIGURINES, ADORN-
MENTS, TOYS, GAMES, CARDS, ORNAMENTS, YARD STATUES AND FIGURES, CANDLES,
JEWELRY, HOLIDAY DECORATIONS, OR SIMILAR PRODUCTS.
  10. "PRIORITY CHEMICAL" MEANS (A) THE FOLLOWING CHEMICALS:
  CASRN115-96-8     TRIS (2-CHLOROETHYL) PHOSPHATE
  CASRN71-43-2      BENZENE
  CASRN7439-92-1    LEAD AND COMPOUNDS (INORGANIC)
  CASRN7439-97-6    MERCURY AND MERCURY COMPOUNDS, INCLUDING METHYL
                    MERCURY (CASRN 22967-92-6)
  CASRN7439-98-7    MOLYBDENUM AND MOLYBDENUM COMPOUNDS
  CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS
  CASRN7440-38-2    ARSENIC AND ARSENIC COMPOUNDS INCLUDING ARSENIC
                    TRIOXIDE (CASRN 1327-53-3)

S. 1526                             3

                    AND DIMETHYL ARSENIC (CASRN 75-60-5)
  CASRN7440-41-7    BERYLLIUM AND BERYLLIUM COMPOUNDS
  CASRN7440-43-9    CADMIUM
  CASRN7440-48-4    COBALT AND COBALT COMPOUNDS AND
  (B)  A  CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0505
OF THIS TITLE.
  11. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER  TO
BE USED BY A CHILD AT PLAY.
S 37-0703. CHEMICALS OF HIGH CONCERN.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE  OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
BLE TO THE PUBLIC IS ESTABLISHED  WHICH  LISTS  ALL  CHEMICALS  OF  HIGH
CONCERN.
  2.  PERIODIC  REVIEW.  (A) WITH RESOURCES MADE AVAILABLE THEREFOR, THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,  MAY  PERIOD-
ICALLY  REVIEW  THE LIST OF CHEMICALS OF HIGH CONCERN AND, THROUGH REGU-
LATION, IDENTIFY ADDITIONAL CHEMICALS OF HIGH CONCERN, OR REMOVE A CHEM-
ICAL FROM THE LIST OF CHEMICALS OF HIGH CONCERN BASED ON  EVIDENCE  THAT
THE  CHEMICAL DOES NOT MEET THE CRITERIA OF THIS SUBDIVISION, INCLUDING,
BUT NOT LIMITED TO, PESTICIDES AND CONTROLLED SUBSTANCES. IN  THE  EVENT
THAT  A  NEW  DETERMINATION IS MADE BY A STATE, FEDERAL OR INTERNATIONAL
GOVERNMENTAL ENTITY THAT A CHEMICAL MEETS  THE  HIGH  CONCERN  CRITERIA,
NOTHING  HEREIN  SHALL  PREVENT  THE  DEPARTMENT FROM ACTING TO ADD SUCH
CHEMICALS OUTSIDE OF THE PERIODIC REVIEW PROCESS.
  (B) THE DEPARTMENT SHALL, UPON THIS REVIEW, IDENTIFY A CHEMICAL  AS  A
CHEMICAL  OF  HIGH  CONCERN  IF IT DETERMINES THAT THE CHEMICAL HAS BEEN
IDENTIFIED BY A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL  ENTITY  ON
THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS:
  (I)  A  CARCINOGEN,  A  REPRODUCTIVE  OR  DEVELOPMENTAL TOXICANT OR AN
ENDOCRINE DISRUPTOR;
  (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
  (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
  (C) IN MAKING SUCH DETERMINATION, THE DEPARTMENT MAY CONSIDER  BUT  IS
NOT LIMITED TO CONSIDERING:
  (I)  CHEMICALS IDENTIFIED AS "GROUP 1 CARCINOGENS" OR "GROUP 2A CARCI-
NOGENS" BY THE  WORLD  HEALTH  ORGANIZATION,  INTERNATIONAL  AGENCY  FOR
RESEARCH ON CANCER;
  (II)  CHEMICALS  IDENTIFIED  AS  "KNOWN  TO BE A HUMAN CARCINOGEN" AND
"REASONABLY ANTICIPATED TO BE A HUMAN CARCINOGEN" BY  THE  SECRETARY  OF
THE  UNITED  STATES  DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO
THE PUBLIC HEALTH SERVICE ACT, 42 UNITED STATES CODE, SECTION 241(B)(4),
AS AMENDED;
  (III) CHEMICALS IDENTIFIED AS "GROUP A CARCINOGENS" OR "GROUP B CARCI-
NOGENS" BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  (IV) CHEMICALS IDENTIFIED AS REPRODUCTIVE OR  DEVELOPMENTAL  TOXICANTS
BY:
  (A)  THE  UNITED  STATES  DEPARTMENT  OF  HEALTH  AND  HUMAN SERVICES,
NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE EVALUATION OF RISKS TO HUMAN
REPRODUCTION; AND
  (B) THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF ENVIRON-
MENTAL HEALTH HAZARD ASSESSMENT PURSUANT TO THE  CALIFORNIA  HEALTH  AND
SAFETY  CODE,  SAFE  DRINKING  WATER  AND TOXIC ENFORCEMENT ACT OF 1986,
CHAPTER 6.6, SECTION 25249.8;
  (V) CHEMICALS IDENTIFIED AS A CHEMICAL OF HIGH CONCERN FOR CHILDREN OR
A HIGH PRIORITY CHEMICAL OF HIGH CONCERN FOR CHILDREN BY  THE  STATE  OF

S. 1526                             4

WASHINGTON  DEPARTMENT  OF  ECOLOGY,  PURSUANT  TO CHAPTER 70.240 OF THE
REVISED CODE OF WASHINGTON;
  (VI) CHEMICALS OF HIGH CONCERN AS SUCH CHEMICALS ARE IDENTIFIED BY THE
STATE  OF MAINE'S DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND APPEARING
ON SUCH DEPARTMENT'S LIST OF CHEMICALS OF HIGH CONCERN;
  (VII) CHEMICALS IDENTIFIED AS KNOWN  OR  LIKELY  ENDOCRINE  DISRUPTORS
THROUGH  SCREENING  OR  TESTING  CONDUCTED  IN ACCORDANCE WITH PROTOCOLS
DEVELOPED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY  PURSUANT
TO THE UNITED STATES FOOD, DRUG AND COSMETIC ACT, 21 UNITED STATES CODE,
346A(P),  AS  AMENDED BY THE FEDERAL FOOD QUALITY PROTECTION ACT (PUBLIC
LAW 104-170) OR THE FEDERAL SAFE DRINKING WATER ACT,  42  UNITED  STATES
CODE, SECTION 300J-17;
  (VIII)  CHEMICALS  LISTED ON THE BASIS OF ENDOCRINE-DISRUPTING PROPER-
TIES IN ANNEX XIV, LIST OF SUBSTANCES SUBJECT  TO  AUTHORISATION,  REGU-
LATION  (EC)  NO  1907/2006  OF  THE  EUROPEAN PARLIAMENT CONCERNING THE
REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS;
  (IX) PERSISTENT, BIOACCUMULATIVE AND  TOXIC  CHEMICALS  IDENTIFIED  BY
OTHER STATES OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  (X)  A  VERY PERSISTENT, VERY BIOACCUMULATIVE CHEMICAL LISTED IN ANNEX
XIV, LIST OF SUBSTANCES SUBJECT TO  AUTHORISATION,  REGULATION  (EC)  NO
1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE REGISTRATION, EVALU-
ATION, AUTHORIZATION AND RESTRICTION OF CHEMICALS; AND
  (XI) A PERSISTENT BIOACCUMULATIVE TOXIC CHEMICAL AS DEFINED IN CHAPTER
173-333 OF THE STATE OF WASHINGTON ADMINISTRATIVE CODE.
S 37-0705. PRIORITY CHEMICALS.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE  OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
BLE TO THE PUBLIC IS ESTABLISHED WHICH LISTS ALL PRIORITY CHEMICALS.
  2. PERIODIC REVIEW. (A) WITH RESOURCES MADE  AVAILABLE  THEREFOR,  THE
DEPARTMENT,  IN  CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY PERIOD-
ICALLY REVIEW THE LIST OF PRIORITY CHEMICALS  AND,  THROUGH  REGULATION,
IDENTIFY  ADDITIONAL  PRIORITY  CHEMICALS  OR REMOVE A CHEMICAL FROM THE
LIST OF PRIORITY CHEMICALS BASED ON EVIDENCE THAT THE  CHEMICAL  IS  NOT
PRESENT  IN  A  CHILDREN'S PRODUCT OR OTHERWISE SHOULD NOT BE SUBJECT TO
THE REQUIREMENTS OF THIS TITLE.  IN THE EVENT THAT A  NEW  DETERMINATION
IS  MADE BY A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY THAT A
CHEMICAL MEETS THE PRIORITY  CHEMICAL  CRITERIA,  NOTHING  HEREIN  SHALL
PREVENT  THE DEPARTMENT FROM ACTING TO ADD SUCH CHEMICALS OUTSIDE OF THE
PERIODIC REVIEW PROCESS.
  (B) THE DEPARTMENT MAY IDENTIFY A CHEMICAL AS A PRIORITY CHEMICAL  IF,
UPON  SUCH  REVIEW,  IT DETERMINES THAT A CHEMICAL OF HIGH CONCERN MEETS
ANY OF THE FOLLOWING CRITERIA:
  (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND  THROUGH  BIOMONI-
TORING  TO  BE  PRESENT IN HUMANS, INCLUDING HUMAN BLOOD, UMBILICAL CORD
BLOOD, BREAST MILK, URINE OR OTHER BODILY TISSUES OR FLUIDS;
  (II) THE CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS  TO  BE
PRESENT  IN  HOUSEHOLD  DUST, INDOOR AIR, DRINKING WATER OR ELSEWHERE IN
THE HOME ENVIRONMENT;
  (III) THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT  IN
FISH, WILDLIFE OR THE NATURAL ENVIRONMENT;
  (IV)  THE  CHEMICAL IS PRESENT IN A CHILDREN'S PRODUCT USED OR PRESENT
IN THE HOME, SCHOOL, OR CHILDCARE CENTER;
  (V) THE CHEMICAL HAS BEEN IDENTIFIED AS A HIGH PRODUCTION VOLUME CHEM-
ICAL BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; OR

S. 1526                             5

  (VI) THE SALE OR USE OF THE CHEMICAL OR A PRODUCT CONTAINING THE CHEM-
ICAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE UNITED STATES
BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
  (C)  IF  A  CHEMICAL  IS REMOVED FROM THE LISTING OF CHEMICALS OF HIGH
CONCERN, IT SHALL ALSO BE UNDESIGNATED AS A PRIORITY CHEMICAL.
S 37-0707. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
  1. REPORTING OF CHEMICAL USE. NO LATER  THAN  TWELVE  MONTHS  AFTER  A
PRIORITY  CHEMICAL  IS  LISTED ON THE LIST PUBLISHED PURSUANT TO SECTION
37-0705 OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S  PROD-
UCT  FOR  SALE  OR  DISTRIBUTION  IN  THIS STATE THAT CONTAINS AN INTEN-
TIONALLY ADDED PRIORITY CHEMICAL SHALL NOTIFY THE DEPARTMENT IN  A  FORM
PRESCRIBED  BY  THE  DEPARTMENT,  DEVELOPED  IN COLLABORATION WITH OTHER
STATES AND AN INTERSTATE CHEMICALS CLEARINGHOUSE AS PROVIDED IN  SECTION
37-0715 OF THIS TITLE.
  (A) THIS NOTICE MUST AT A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT, THE
PRIORITY  CHEMICAL OR CHEMICALS CONTAINED IN THE CHILDREN'S PRODUCT, AND
THE INTENDED PURPOSE OF THE CHEMICALS IN THE CHILDREN'S  PRODUCT.    ALL
INFORMATION  SUBMITTED  PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO
DISCLOSURE TO THE PUBLIC.   CONSISTENT  WITH  NOTIFICATION  REQUIRED  BY
OTHER STATES, THE DEPARTMENT MAY ALSO REQUIRE REPORTING OF THE FOLLOWING
INFORMATION:
  (I)  THE  POTENTIAL  FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT FROM
SPECIFIC USES OF THE PRIORITY CHEMICAL;
  (II) THE AMOUNT OF SUCH CHEMICAL IN EACH UNIT OF THE CHILDREN'S  PROD-
UCT, EXPRESSED IN A RANGE;
  (III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
FROM THE CHILDREN'S PRODUCT TO THE ENVIRONMENT DURING THE PRODUCT'S LIFE
CYCLE  AND  THE  EXTENT  TO  WHICH USERS OF THE PRODUCT ARE LIKELY TO BE
EXPOSED TO THE CHEMICAL;
  (IV) INFORMATION ON THE EXTENT TO WHICH THE CHEMICAL IS PRESENT IN THE
ENVIRONMENT OR HUMAN BODY.
  (B) IN LIEU OF PROVIDING THIS NOTICE TO THE DEPARTMENT, THE DEPARTMENT
IS AUTHORIZED TO DIRECT SUBMISSION OF  SUCH  NOTICE  TO  THE  INTERSTATE
CHEMICALS CLEARINGHOUSE PURSUANT TO SECTION 37-0715 OF THIS TITLE.
  2.  ASSESSMENT OF ALTERNATIVE CHEMICALS.  IN ADDITION, CONSISTENT WITH
OTHER STATES, THE DEPARTMENT MAY REQUIRE THAT THE  MANUFACTURER  PROVIDE
AN  ASSESSMENT  OF  THE AVAILABILITY, COST, FEASIBILITY AND PERFORMANCE,
INCLUDING POTENTIAL FOR HARM TO HUMAN HEALTH  AND  THE  ENVIRONMENT,  OF
ALTERNATIVES TO THE PRIORITY CHEMICAL AND THE REASON THE PRIORITY CHEMI-
CAL  IS  USED  IN  THE MANUFACTURER OF THE CHILDREN'S PRODUCT IN LIEU OF
IDENTIFIED ALTERNATIVES. THE  DEPARTMENT  SHALL  HOLD  CONFIDENTIAL  ANY
INFORMATION DISCLOSED PURSUANT TO THIS SUBDIVISION CONCERNING THE CHEMI-
CAL  OR CONSUMER PRODUCT THAT IF MADE PUBLIC, WOULD DIVULGE CONFIDENTIAL
BUSINESS INFORMATION, METHODS OR PROCESSES  ENTITLED  TO  PROTECTION  AS
TRADE  SECRETS,  EXCEPT  THAT  SUCH  INFORMATION MAY BE DISCLOSED TO ANY
OFFICERS, EMPLOYEES OR AUTHORIZED REPRESENTATIVES OF THE STATE CONCERNED
WITH CARRYING OUT THE PROVISIONS OF THIS TITLE.
  3. WAIVER OF  REPORTING.  UPON  APPLICATION  BY  A  MANUFACTURER,  THE
COMMISSIONER MAY WAIVE ALL OR PART OF THE NOTIFICATION REQUIREMENT UNDER
SUBDIVISION  ONE  OF  THIS  SECTION  FOR ONE OR MORE SPECIFIED USES OF A
PRIORITY CHEMICAL. IN MAKING SUCH DETERMINATION,  THE  COMMISSIONER  MAY
CONSIDER:  (A)  SIMILAR WAIVERS GRANTED BY OTHER STATES, AND (B) WHETHER
THE SPECIFIED USE OR USES ARE MINOR IN VOLUME.
  4. NOTICE TO RETAILERS. A MANUFACTURER OR DISTRIBUTOR OF A  CHILDREN'S
PRODUCT  CONTAINING  A PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER
THE CHILDREN'S PRODUCT FOR SALE OR DISTRIBUTION  IN  THE  STATE  OF  THE

S. 1526                             6

PRESENCE OF SUCH PRIORITY CHEMICAL, AND PROVIDE SUCH PERSONS WITH INFOR-
MATION REGARDING THE TOXICITY OF SUCH CHEMICAL.
  5.  FEES.  THE  MANUFACTURER  OR  DISTRIBUTOR  SHALL  PAY  A  FEE UPON
SUBMISSION OF A REPORT OF CHEMICAL USE OR A WAIVER REQUEST TO COVER  THE
DEPARTMENT'S  REASONABLE  COSTS IN MANAGING THE INFORMATION COLLECTED OR
IN MAKING A WAIVER DETERMINATION, IN THE AMOUNT OF SIX  HUNDRED  DOLLARS
PER CHEMICAL.
S 37-0709. SALES PROHIBITION.
  UPON TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, NO PERSON SHALL
DISTRIBUTE,  SELL  OR OFFER FOR SALE IN THIS STATE AN ITEM OF CHILDREN'S
APPAREL OR A CHILDREN'S NOVELTY PRODUCT CONTAINING A PRIORITY  CHEMICAL.
THIS PROVISION SHALL NOT APPLY TO AN ITEM OF CHILDREN'S APPAREL OR CHIL-
DREN'S  NOVELTY  SOLELY  BASED  ON ITS CONTAINING AN ENCLOSED BATTERY OR
ENCLOSED ELECTRONIC COMPONENTS.
S 37-0711. APPLICABILITY.
  1. NEW CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE  SHALL  APPLY
TO  CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND DOES
NOT APPLY TO USED CHILDREN'S PRODUCTS THAT ARE SOLD OR  DISTRIBUTED  FOR
FREE  AT  SECONDHAND  STORES,  YARD SALES, ON THE INTERNET OR DONATED TO
CHARITIES.
  2. INDUSTRY. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO PRIORI-
TY CHEMICALS USED IN OR FOR INDUSTRY OR MANUFACTURING, INCLUDING  CHEMI-
CALS  PROCESSED  OR OTHERWISE USED IN OR FOR INDUSTRIAL OR MANUFACTURING
PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT.
  3. TRANSPORTATION. THE REQUIREMENTS OF THIS TITLE SHALL NOT  APPLY  TO
MOTOR  VEHICLES  OR THEIR COMPONENT PARTS, WATERCRAFT OR THEIR COMPONENT
PARTS, ALL TERRAIN VEHICLES OR THEIR  COMPONENT  PARTS,  OR  OFF-HIGHWAY
MOTORCYCLES  OR  THEIR  COMPONENT PARTS, EXCEPT THAT THE USE OF PRIORITY
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
  4. COMBUSTION. THE REQUIREMENTS OF  THIS  TITLE  SHALL  NOT  APPLY  TO
PRIORITY  CHEMICALS  GENERATED  SOLELY AS COMBUSTION BY-PRODUCTS OR THAT
ARE PRESENT IN COMBUSTIBLE FUELS.
  5. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS THAT RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT  CONTAINING  A
PRIORITY  CHEMICAL AFTER THE EFFECTIVE DATE OF ITS PROHIBITION FOR WHICH
THAT RETAILER HAS  RECEIVED  PRIOR  NOTIFICATION  FROM  A  MANUFACTURER,
DISTRIBUTOR OR THE STATE.
S 37-0713.  ENFORCEMENT AND IMPLEMENTATION.
  1. FAILURE TO PROVIDE NOTICE. A CHILDREN'S PRODUCT CONTAINING A PRIOR-
ITY  CHEMICAL  MAY NOT BE SOLD, OFFERED FOR SALE OR DISTRIBUTED FOR SALE
IN THIS STATE IF THE MANUFACTURER OR DISTRIBUTOR HAS FAILED  TO  PROVIDE
THE  NOTIFICATION  REQUIRED  UNDER  SECTION 37-0707 OF THIS TITLE BY THE
DATE REQUIRED IN SUCH SECTION. THE COMMISSIONER MAY EXEMPT A  CHILDREN'S
PRODUCT  FROM  THIS  PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE
LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD POSE  AN  UNREASON-
ABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
  2.  CERTIFICATE  OF COMPLIANCE. IF THERE ARE GROUNDS TO SUSPECT THAT A
CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
THE DEPARTMENT MAY REQUEST THE MANUFACTURER OR DISTRIBUTOR OF THE  CHIL-
DREN'S   PRODUCT  TO  PROVIDE  A  CERTIFICATE  OF  COMPLIANCE  WITH  THE
PROVISIONS OF THIS TITLE, WITHIN TEN DAYS OF RECEIPT OF A  REQUEST  FROM
THE DEPARTMENT. THE CERTIFICATE OF COMPLIANCE SHALL:
  (A)  ATTEST  THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE PRIORITY
CHEMICAL; OR
  (B) ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT  NOTIFI-
CATION OF THE PRESENCE OF THE PRIORITY CHEMICAL HAS BEEN PROVIDED TO THE

S. 1526                             7

DEPARTMENT  OR  PROVIDE  NOTICE  AS  REQUIRED BY SECTION 37-0707 OF THIS
TITLE; OR
  (C)  ATTEST  THAT  THE  MANUFACTURER HAS NOTIFIED PERSONS WHO SELL THE
PRODUCT IN THIS STATE THAT THE SALE OF THE CHILDREN'S PRODUCT IS PROHIB-
ITED.
S 37-0715. INTERSTATE CHEMICAL CLEARINGHOUSE.
  1. THE DEPARTMENT IS AUTHORIZED TO PARTICIPATE IN AN INTERSTATE CHEMI-
CALS CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE  REQUIREMENTS  OF  THIS
TITLE.  THE DEPARTMENT SHALL WORK IN COLLABORATION WITH OTHER STATES AND
AN INTERSTATE CHEMICALS CLEARINGHOUSE FOR THE PURPOSE OF, INCLUDING  BUT
NOT LIMITED TO:
  (A)  COLLECTION  AND  DISSEMINATION  OF INFORMATION REGARDING CHEMICAL
HAZARDS;
  (B) COLLECTION AND DISSEMINATION OF INFORMATION REGARDING THE  USE  OF
CHEMICALS IN CHILDREN'S PRODUCTS;
  (C) ASSESSMENT OF ALTERNATIVES TO CHEMICALS AND THEIR USE IN PRODUCTS;
AND
  (D) PUBLIC EDUCATION.
  2.  SUCH CLEARINGHOUSE IS AUTHORIZED TO MAINTAIN INFORMATION ON BEHALF
OF THE STATE OF NEW YORK, INCLUDING, BUT  NOT  LIMITED  TO,  INFORMATION
REGARDING  CHEMICALS CONTAINED IN CHILDREN'S PRODUCTS DISCLOSED PURSUANT
TO SECTION 37-0707 OF THIS TITLE.
S 37-0717. REGULATIONS.
  THE DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS  NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Co-Sponsors

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S1526A - Bill Details

See Assembly Version of this Bill:
A3141A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §§37-0901 - 37-0917, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3141A
2009-2010: A10089B, S7070D

S1526A - Bill Texts

view summary

Relates to regulation of toxic chemicals in children's products; establishes the interstate chemical clearinghouse.

view sponsor memo
BILL NUMBER:S1526A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
regulation of toxic
chemicals in children's products

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide greater regulation of
children's products.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* define children's apparel;
* define chemical;
* define chemical of high concern;
* define children;
* define children's product;
* define distributor;
* define manufacturer;
* define novelty product;
* define priority chemical;
* define toy;

* requires the Department of Environmental Conservation to establish a
website within one hundred and eighty days of the effective date of
this title, that is accessible to the public which lists all
chemicals of high concern;

* allows the Department of Environmental Conservation, in consultation
with the Department of Health to periodically review the list of
chemicals of high concern and identify additional chemicals of high
concern or remove a chemical from the chemicals of high concern list
based on credible scientific evidence;

* requires the Department of Environmental Conservation to establish a
website within one hundred and eighty days of the effective date of
this title, that is accessible to the public which lists all priority
chemicals;

*allows the Department of Environmental Conservation, in consultation
with the Department of Health to periodically review the list of
priority chemicals and identify additional priority chemicals or
remove a chemical from the priority chemicals list based on credible
scientific evidence and if the chemical is found to be in children's
products;

* permit designation of a priority chemical if:

o found to be present in humans;

o found to be present in household dust, indoor air, or drinking water;

o found to be present in fish, wildlife or the natural environment;


o found to be present in a consumer product or present in the home,
school or children's day care center;

o identified as a high production volume chemical by the United States
Environmental Protection Administration; or,

o banned for sale in another state

* requires every manufacturer who offers a children's product for sale
in this state that contains an intentionally added priority chemical,
to notify the department twelve months after the priority chemical
list is published, in a form prescribed by the department, developed
in collaboration with other states and an interstate chemical
clearinghouse;

* require a person who is a manufacturer or distributor of a
children's product for sale or distribution to notify DEC of the
following:

o the identification of the product,

o the name of the priority chemical,

o the intended purpose of the chemicals

* consistent with notification required by other states, the
department may also require reporting of the following information:

o the potential for harm to human health and the environment from
specific uses of the priority chemical;

o the amount of such chemical in each unit of the children's product,
expressed in a range;

o information on the likelihood that the chemical will be released
from the children's product to the environment during the product's
life cycle and the extent to which users of the product are likely to
be exposed to the chemical;

o information on the extent to which the chemical is present in the
environment or human body;

* the Department of Environmental Conservation may require that the
manufacturer provide an assessment of the availability, cost,
feasibility and performance, including potential for harm to human
health and the environment, of alternatives to the priority chemical
and the reason the priority chemical is used in the manufacturer of
the children's product in lieu of identified alternatives. The
department shall hold confidential any information disclosed pursuant
to this subdivision concerning the chemical or consumer product that
if made public, would divulge confidential business information,
methods or processes entitled to protection as trade secrets, except
that such information may be disclosed to any officers, employees or
authorized representatives of the state concerned with carrying out
the provisions of this title;


* authorize DEC to waive all or part of the notification requirement
for one or more specified uses of a priority chemical;

* a manufacturer or distributor of a children's product containing a
priority chemical shall notify persons that offer the children's
product for sale or distribution in the state, of the presence of
such priority chemical, and provide such persons with information
regarding the toxicity of such chemical;

* the manufacturer or distributor shall pay a fee upon submitting the
report of chemical use or waiver request in the amount of six hundred
dollars per chemical;

* two years after the effective date of this title, no person shall
distribute, sell or offer for sale in this state an item of
children's apparel or a children's novelty product containing a
priority chemical;

* specify that the provisions of this act shall apply only to new
products;

o exempt the following uses:

o in or for manufacturing;

o motor vehicles, watercrafts, combustion by-products, all terrain
vehicles or their component parts, or off-highway motorcycles or
their components;

o priority chemicals generated solely as combustion by-products or
that are present in combustible fuels;

o retailers who do not knowingly sell a prohibited children's product;

* prohibit the sale or distribution of a children's product if the
manufacturer or distributor has failed to provide the required
information; and,

* authorizes the department to participate in an interstate chemical
clearing house to assist in carrying out this title

JUSTIFICATION:
Currently, New York identifies or prohibits the use of dangerous
chemicals on a chemical by chemical basis. This approach is
especially problematic for children's products since children are
often more vulnerable
to smaller amounts of chemicals. Several other states, including
Washington, California, and Maine have adopted more comprehensive
chemical policies. This legislation is modeled after those states and
is intended to prevent the use of dangerous chemicals and ensure the
use of safer chemical alternatives in children's products.

PRIOR LEGISLATIVE HISTORY:
2010: Referred to Environmental Conservation; Reported and
Committed to Codes Discharged and Committed to Rules

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


Minimal implications to the state since the state already funds the
Interstate Chemical Clearinghouse.

EFFECTIVE DATE:
This act shall take effect on the 120th day.

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

                                 1526--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by Sens. PERKINS, ADAMS, AVELLA, DIAZ, DUANE, HASSELL-THOMP-
  SON, HUNTLEY, KRUEGER, MONTGOMERY, OPPENHEIMER, PARKER, SAVINO, SERRA-
  NO, STEWART-COUSINS -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Environmental  Conservation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of toxic chemicals in children's products

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

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 9 to read as follows:
                                TITLE IX
                 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0901. DEFINITIONS.
        37-0903. CHEMICALS OF HIGH CONCERN.
        37-0905. PRIORITY CHEMICALS.
        37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
        37-0909. SALES PROHIBITION.
        37-0911. APPLICABILITY.
        37-0913. ENFORCEMENT AND IMPLEMENTATION.
        37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
        37-0917. REGULATIONS.
S 37-0901. DEFINITIONS.
  AS  USED  IN  THIS  TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
  1. "CHILDREN'S APPAREL" MEANS ANY ITEM OF CLOTHING  THAT  CONSISTS  OF
FABRIC  OR  RELATED  MATERIAL INTENDED OR PROMOTED FOR USE IN CHILDREN'S
CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
TO PREVENT INJURY, INCLUDING,  BUT  NOT  LIMITED  TO,  BICYCLE  HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03600-02-1

S. 1526--A                          2

  2.  "CHEMICAL" MEANS A SUBSTANCE WITH A DISTINCT MOLECULAR COMPOSITION
OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE BREAKDOWN
PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
DEGRADATION OR METABOLISM.
  3. "CHEMICAL OF HIGH CONCERN" MEANS A CHEMICAL INCLUDED IN THE LIST OF
"CHEMICALS  OF  HIGH CONCERN" PUBLISHED IN JUNE 2009 PURSUANT TO CHAPTER
16-D OF TITLE 38 OF THE MAINE REVISED STATUTES ANNOTATED.
  4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
  5. "CHILDREN'S PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR USE  BY
CHILDREN,  INCLUDING  EXTERNAL  COMPONENT PARTS AND PACKAGING, INCLUDING
BABY PRODUCTS, TOYS,  CAR  SEATS,  PERSONAL  CARE  PRODUCTS,  A  PRODUCT
DESIGNED OR INTENDED BY THE MANUFACTURER TO HELP A CHILD WITH SUCKING OR
TEETHING,  TO  FACILITATE  SLEEP, RELAXATION, OR THE FEEDING OF A CHILD,
JEWELRY, NOVELTY PRODUCTS, BEDDING, FURNITURE,  FURNISHINGS,  CHILDREN'S
APPAREL,  AND  THE HOUSING OF CONSUMER ELECTRONIC PRODUCTS.  "CHILDREN'S
PRODUCT" DOES NOT INCLUDE (A)  BATTERIES;  OR  (B)  CONSUMER  ELECTRONIC
PRODUCTS  ENCLOSED WITHIN A SECURE HOUSING, INCLUDING BUT NOT LIMITED TO
PERSONAL COMPUTERS, AUDIO AND  VIDEO  EQUIPMENT,  CALCULATORS,  WIRELESS
PHONES,  GAME  CONSOLES,  AND  HANDHELD  DEVICES  INCORPORATING  A VIDEO
SCREEN, USED TO ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPH-
ERALS, EXCEPT FOR SAID SECURE HOUSING; OR (C) A FOOD OR BEVERAGE  OR  AN
ADDITIVE  TO  A FOOD OR BEVERAGE REGULATED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION; OR (D) A TOBACCO PRODUCT OR PAPER OR  FOREST  PROD-
UCT;  OR  (E)  A  PESTICIDE REGULATED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY.  CHILDREN'S PRODUCT ALSO DOES  NOT  INCLUDE  A  DRUG,
BIOLOGIC  OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION OR THE PACKAGING OF SUCH DRUG, BIOLOGIC OR MEDICAL DEVICE
IF SUCH PACKAGING IS REGULATED BY THE UNITED STATES FOOD AND DRUG ADMIN-
ISTRATION.
  6. "DISTRIBUTOR" MEANS A  PERSON  WHO  SELLS  CHILDREN'S  PRODUCTS  TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  7.  "INTENTIONALLY  ADDED" MEANS THE DELIBERATE USE IN THE FORMULATION
OF A PRODUCT OR SUBPART WHERE ITS CONTINUED PRESENCE IS DESIRED  IN  THE
FINAL  PRODUCT  OR SUBPART TO PROVIDE A SPECIFIC CHARACTERISTIC, APPEAR-
ANCE OR QUALITY.
  8. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A  FINAL
CHILDREN'S  PRODUCT  OR  WHOSE  BRAND  NAME IS AFFIXED TO THE CHILDREN'S
PRODUCT. IN THE CASE OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO  THE
UNITED  STATES,  "MANUFACTURER"  INCLUDES THE IMPORTER OR FIRST DOMESTIC
DISTRIBUTOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO CURRENTLY  MANU-
FACTURES  OR  ASSEMBLES  THE  CHILDREN'S  PRODUCT OR WHOSE BRAND NAME IS
AFFIXED TO THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED
STATES.
  9. "NOVELTY PRODUCT" MEANS A PRODUCT INTENDED MAINLY FOR  PERSONAL  OR
HOUSEHOLD  ENJOYMENT OR ADORNMENT. NOVELTY PRODUCTS INCLUDE, BUT ARE NOT
LIMITED TO, ITEMS INTENDED FOR USE AS PRACTICAL JOKES, FIGURINES, ADORN-
MENTS, TOYS, GAMES, CARDS, ORNAMENTS, YARD STATUES AND FIGURES, CANDLES,
JEWELRY, HOLIDAY DECORATIONS, OR SIMILAR PRODUCTS.
  10. "PRIORITY CHEMICAL" MEANS (A) THE FOLLOWING CHEMICALS:
  CASRN115-96-8     TRIS (2-CHLOROETHYL) PHOSPHATE
  CASRN71-43-2      BENZENE
  CASRN7439-92-1    LEAD AND COMPOUNDS (INORGANIC)
  CASRN7439-97-6    MERCURY AND MERCURY COMPOUNDS, INCLUDING METHYL
                    MERCURY (CASRN 22967-92-6)
  CASRN7439-98-7    MOLYBDENUM AND MOLYBDENUM COMPOUNDS
  CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS

S. 1526--A                          3

  CASRN7440-38-2    ARSENIC AND ARSENIC COMPOUNDS INCLUDING ARSENIC
                    TRIOXIDE (CASRN 1327-53-3)
                    AND DIMETHYL ARSENIC (CASRN 75-60-5)
  CASRN7440-41-7    BERYLLIUM AND BERYLLIUM COMPOUNDS
  CASRN7440-43-9    CADMIUM
  CASRN7440-48-4    COBALT AND COBALT COMPOUNDS AND
  (B)  A  CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0505
OF THIS TITLE.
  11. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER  TO
BE USED BY A CHILD AT PLAY.
S 37-0903. CHEMICALS OF HIGH CONCERN.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE  OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
BLE TO THE PUBLIC IS ESTABLISHED  WHICH  LISTS  ALL  CHEMICALS  OF  HIGH
CONCERN.
  2.  PERIODIC  REVIEW.  (A) WITH RESOURCES MADE AVAILABLE THEREFOR, THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,  MAY  PERIOD-
ICALLY  REVIEW  THE LIST OF CHEMICALS OF HIGH CONCERN AND, THROUGH REGU-
LATION, IDENTIFY ADDITIONAL CHEMICALS OF HIGH CONCERN, OR REMOVE A CHEM-
ICAL FROM THE LIST OF CHEMICALS OF HIGH CONCERN BASED ON  EVIDENCE  THAT
THE  CHEMICAL DOES NOT MEET THE CRITERIA OF THIS SUBDIVISION, INCLUDING,
BUT NOT LIMITED TO, PESTICIDES AND CONTROLLED SUBSTANCES. IN  THE  EVENT
THAT  A  NEW  DETERMINATION IS MADE BY A STATE, FEDERAL OR INTERNATIONAL
GOVERNMENTAL ENTITY THAT A CHEMICAL MEETS  THE  HIGH  CONCERN  CRITERIA,
NOTHING  HEREIN  SHALL  PREVENT  THE  DEPARTMENT FROM ACTING TO ADD SUCH
CHEMICALS OUTSIDE OF THE PERIODIC REVIEW PROCESS.
  (B) THE DEPARTMENT SHALL, UPON THIS REVIEW, IDENTIFY A CHEMICAL  AS  A
CHEMICAL  OF  HIGH  CONCERN  IF IT DETERMINES THAT THE CHEMICAL HAS BEEN
IDENTIFIED BY A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL  ENTITY  ON
THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS:
  (I)  A  CARCINOGEN,  A  REPRODUCTIVE  OR  DEVELOPMENTAL TOXICANT OR AN
ENDOCRINE DISRUPTOR;
  (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
  (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
  (C) IN MAKING SUCH DETERMINATION, THE DEPARTMENT MAY CONSIDER  BUT  IS
NOT LIMITED TO CONSIDERING:
  (I)  CHEMICALS IDENTIFIED AS "GROUP 1 CARCINOGENS" OR "GROUP 2A CARCI-
NOGENS" BY THE  WORLD  HEALTH  ORGANIZATION,  INTERNATIONAL  AGENCY  FOR
RESEARCH ON CANCER;
  (II)  CHEMICALS  IDENTIFIED  AS  "KNOWN  TO BE A HUMAN CARCINOGEN" AND
"REASONABLY ANTICIPATED TO BE A HUMAN CARCINOGEN" BY  THE  SECRETARY  OF
THE  UNITED  STATES  DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO
THE PUBLIC HEALTH SERVICE ACT, 42 UNITED STATES CODE, SECTION 241(B)(4),
AS AMENDED;
  (III) CHEMICALS IDENTIFIED AS "GROUP A CARCINOGENS" OR "GROUP B CARCI-
NOGENS" BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  (IV) CHEMICALS IDENTIFIED AS REPRODUCTIVE OR  DEVELOPMENTAL  TOXICANTS
BY:
  (A)  THE  UNITED  STATES  DEPARTMENT  OF  HEALTH  AND  HUMAN SERVICES,
NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE EVALUATION OF RISKS TO HUMAN
REPRODUCTION; AND
  (B) THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF ENVIRON-
MENTAL HEALTH HAZARD ASSESSMENT PURSUANT TO THE  CALIFORNIA  HEALTH  AND
SAFETY  CODE,  SAFE  DRINKING  WATER  AND TOXIC ENFORCEMENT ACT OF 1986,
CHAPTER 6.6, SECTION 25249.8;

S. 1526--A                          4

  (V) CHEMICALS IDENTIFIED AS A CHEMICAL OF HIGH CONCERN FOR CHILDREN OR
A HIGH PRIORITY CHEMICAL OF HIGH CONCERN FOR CHILDREN BY  THE  STATE  OF
WASHINGTON  DEPARTMENT  OF  ECOLOGY,  PURSUANT  TO CHAPTER 70.240 OF THE
REVISED CODE OF WASHINGTON;
  (VI) CHEMICALS OF HIGH CONCERN AS SUCH CHEMICALS ARE IDENTIFIED BY THE
STATE  OF MAINE'S DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND APPEARING
ON SUCH DEPARTMENT'S LIST OF CHEMICALS OF HIGH CONCERN;
  (VII) CHEMICALS IDENTIFIED AS KNOWN  OR  LIKELY  ENDOCRINE  DISRUPTORS
THROUGH  SCREENING  OR  TESTING  CONDUCTED  IN ACCORDANCE WITH PROTOCOLS
DEVELOPED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY  PURSUANT
TO THE UNITED STATES FOOD, DRUG AND COSMETIC ACT, 21 UNITED STATES CODE,
346A(P),  AS  AMENDED BY THE FEDERAL FOOD QUALITY PROTECTION ACT (PUBLIC
LAW 104-170) OR THE FEDERAL SAFE DRINKING WATER ACT,  42  UNITED  STATES
CODE, SECTION 300J-17;
  (VIII)  CHEMICALS  LISTED ON THE BASIS OF ENDOCRINE-DISRUPTING PROPER-
TIES IN ANNEX XIV, LIST OF SUBSTANCES SUBJECT  TO  AUTHORISATION,  REGU-
LATION  (EC)  NO  1907/2006  OF  THE  EUROPEAN PARLIAMENT CONCERNING THE
REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS;
  (IX) PERSISTENT, BIOACCUMULATIVE AND  TOXIC  CHEMICALS  IDENTIFIED  BY
OTHER STATES OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  (X)  A  VERY PERSISTENT, VERY BIOACCUMULATIVE CHEMICAL LISTED IN ANNEX
XIV, LIST OF SUBSTANCES SUBJECT TO  AUTHORISATION,  REGULATION  (EC)  NO
1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE REGISTRATION, EVALU-
ATION, AUTHORIZATION AND RESTRICTION OF CHEMICALS; AND
  (XI) A PERSISTENT BIOACCUMULATIVE TOXIC CHEMICAL AS DEFINED IN CHAPTER
173-333 OF THE STATE OF WASHINGTON ADMINISTRATIVE CODE.
S 37-0905. PRIORITY CHEMICALS.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE  OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
BLE TO THE PUBLIC IS ESTABLISHED WHICH LISTS ALL PRIORITY CHEMICALS.
  2. PERIODIC REVIEW. (A) WITH RESOURCES MADE  AVAILABLE  THEREFOR,  THE
DEPARTMENT,  IN  CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY PERIOD-
ICALLY REVIEW THE LIST OF PRIORITY CHEMICALS  AND,  THROUGH  REGULATION,
IDENTIFY  ADDITIONAL  PRIORITY  CHEMICALS  OR REMOVE A CHEMICAL FROM THE
LIST OF PRIORITY CHEMICALS BASED ON EVIDENCE THAT THE  CHEMICAL  IS  NOT
PRESENT  IN  A  CHILDREN'S PRODUCT OR OTHERWISE SHOULD NOT BE SUBJECT TO
THE REQUIREMENTS OF THIS TITLE.  IN THE EVENT THAT A  NEW  DETERMINATION
IS  MADE BY A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY THAT A
CHEMICAL MEETS THE PRIORITY  CHEMICAL  CRITERIA,  NOTHING  HEREIN  SHALL
PREVENT  THE DEPARTMENT FROM ACTING TO ADD SUCH CHEMICALS OUTSIDE OF THE
PERIODIC REVIEW PROCESS.
  (B) THE DEPARTMENT MAY IDENTIFY A CHEMICAL AS A PRIORITY CHEMICAL  IF,
UPON  SUCH  REVIEW,  IT DETERMINES THAT A CHEMICAL OF HIGH CONCERN MEETS
ANY OF THE FOLLOWING CRITERIA:
  (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND  THROUGH  BIOMONI-
TORING  TO  BE  PRESENT IN HUMANS, INCLUDING HUMAN BLOOD, UMBILICAL CORD
BLOOD, BREAST MILK, URINE OR OTHER BODILY TISSUES OR FLUIDS;
  (II) THE CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS  TO  BE
PRESENT  IN  HOUSEHOLD  DUST, INDOOR AIR, DRINKING WATER OR ELSEWHERE IN
THE HOME ENVIRONMENT;
  (III) THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT  IN
FISH, WILDLIFE OR THE NATURAL ENVIRONMENT;
  (IV)  THE  CHEMICAL IS PRESENT IN A CHILDREN'S PRODUCT USED OR PRESENT
IN THE HOME, SCHOOL, OR CHILDCARE CENTER;
  (V) THE CHEMICAL HAS BEEN IDENTIFIED AS A HIGH PRODUCTION VOLUME CHEM-
ICAL BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; OR

S. 1526--A                          5

  (VI) THE SALE OR USE OF THE CHEMICAL OR A PRODUCT CONTAINING THE CHEM-
ICAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE UNITED STATES
BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
  (C)  IF  A  CHEMICAL  IS REMOVED FROM THE LISTING OF CHEMICALS OF HIGH
CONCERN, IT SHALL ALSO BE UNDESIGNATED AS A PRIORITY CHEMICAL.
S 37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
  1. REPORTING OF CHEMICAL USE. NO LATER  THAN  TWELVE  MONTHS  AFTER  A
PRIORITY  CHEMICAL  IS  LISTED ON THE LIST PUBLISHED PURSUANT TO SECTION
37-0905 OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S  PROD-
UCT  FOR  SALE  OR  DISTRIBUTION  IN  THIS STATE THAT CONTAINS AN INTEN-
TIONALLY ADDED PRIORITY CHEMICAL SHALL NOTIFY THE DEPARTMENT IN  A  FORM
PRESCRIBED  BY  THE  DEPARTMENT,  DEVELOPED  IN COLLABORATION WITH OTHER
STATES AND AN INTERSTATE CHEMICALS CLEARINGHOUSE AS PROVIDED IN  SECTION
37-0915 OF THIS TITLE.
  (A) THIS NOTICE MUST AT A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT, THE
PRIORITY  CHEMICAL OR CHEMICALS CONTAINED IN THE CHILDREN'S PRODUCT, AND
THE INTENDED PURPOSE OF THE CHEMICALS IN THE CHILDREN'S  PRODUCT.    ALL
INFORMATION  SUBMITTED  PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO
DISCLOSURE TO THE PUBLIC.   CONSISTENT  WITH  NOTIFICATION  REQUIRED  BY
OTHER STATES, THE DEPARTMENT MAY ALSO REQUIRE REPORTING OF THE FOLLOWING
INFORMATION:
  (I)  THE  POTENTIAL  FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT FROM
SPECIFIC USES OF THE PRIORITY CHEMICAL;
  (II) THE AMOUNT OF SUCH CHEMICAL IN EACH UNIT OF THE CHILDREN'S  PROD-
UCT, EXPRESSED IN A RANGE;
  (III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
FROM THE CHILDREN'S PRODUCT TO THE ENVIRONMENT DURING THE PRODUCT'S LIFE
CYCLE  AND  THE  EXTENT  TO  WHICH USERS OF THE PRODUCT ARE LIKELY TO BE
EXPOSED TO THE CHEMICAL;
  (IV) INFORMATION ON THE EXTENT TO WHICH THE CHEMICAL IS PRESENT IN THE
ENVIRONMENT OR HUMAN BODY.
  (B) IN LIEU OF PROVIDING THIS NOTICE TO THE DEPARTMENT, THE DEPARTMENT
IS AUTHORIZED TO DIRECT SUBMISSION OF  SUCH  NOTICE  TO  THE  INTERSTATE
CHEMICALS CLEARINGHOUSE PURSUANT TO SECTION 37-0915 OF THIS TITLE.
  2.  ASSESSMENT OF ALTERNATIVE CHEMICALS.  IN ADDITION, CONSISTENT WITH
OTHER STATES, THE DEPARTMENT MAY REQUIRE THAT THE  MANUFACTURER  PROVIDE
AN  ASSESSMENT  OF  THE AVAILABILITY, COST, FEASIBILITY AND PERFORMANCE,
INCLUDING POTENTIAL FOR HARM TO HUMAN HEALTH  AND  THE  ENVIRONMENT,  OF
ALTERNATIVES TO THE PRIORITY CHEMICAL AND THE REASON THE PRIORITY CHEMI-
CAL  IS  USED  IN  THE MANUFACTURER OF THE CHILDREN'S PRODUCT IN LIEU OF
IDENTIFIED ALTERNATIVES. THE  DEPARTMENT  SHALL  HOLD  CONFIDENTIAL  ANY
INFORMATION DISCLOSED PURSUANT TO THIS SUBDIVISION CONCERNING THE CHEMI-
CAL  OR CONSUMER PRODUCT THAT IF MADE PUBLIC, WOULD DIVULGE CONFIDENTIAL
BUSINESS INFORMATION, METHODS OR PROCESSES  ENTITLED  TO  PROTECTION  AS
TRADE  SECRETS,  EXCEPT  THAT  SUCH  INFORMATION MAY BE DISCLOSED TO ANY
OFFICERS, EMPLOYEES OR AUTHORIZED REPRESENTATIVES OF THE STATE CONCERNED
WITH CARRYING OUT THE PROVISIONS OF THIS TITLE.
  3. WAIVER OF  REPORTING.  UPON  APPLICATION  BY  A  MANUFACTURER,  THE
COMMISSIONER MAY WAIVE ALL OR PART OF THE NOTIFICATION REQUIREMENT UNDER
SUBDIVISION  ONE  OF  THIS  SECTION  FOR ONE OR MORE SPECIFIED USES OF A
PRIORITY CHEMICAL. IN MAKING SUCH DETERMINATION,  THE  COMMISSIONER  MAY
CONSIDER:  (A)  SIMILAR WAIVERS GRANTED BY OTHER STATES, AND (B) WHETHER
THE SPECIFIED USE OR USES ARE MINOR IN VOLUME.
  4. NOTICE TO RETAILERS. A MANUFACTURER OR DISTRIBUTOR OF A  CHILDREN'S
PRODUCT  CONTAINING  A PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER
THE CHILDREN'S PRODUCT FOR SALE OR DISTRIBUTION  IN  THE  STATE  OF  THE

S. 1526--A                          6

PRESENCE OF SUCH PRIORITY CHEMICAL, AND PROVIDE SUCH PERSONS WITH INFOR-
MATION REGARDING THE TOXICITY OF SUCH CHEMICAL.
  5.  FEES.  THE  MANUFACTURER  OR  DISTRIBUTOR  SHALL  PAY  A  FEE UPON
SUBMISSION OF A REPORT OF CHEMICAL USE OR A WAIVER REQUEST TO COVER  THE
DEPARTMENT'S  REASONABLE  COSTS IN MANAGING THE INFORMATION COLLECTED OR
IN MAKING A WAIVER DETERMINATION, IN THE AMOUNT OF SIX  HUNDRED  DOLLARS
PER CHEMICAL.
S 37-0909. SALES PROHIBITION.
  UPON TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, NO PERSON SHALL
DISTRIBUTE,  SELL  OR OFFER FOR SALE IN THIS STATE AN ITEM OF CHILDREN'S
APPAREL OR A CHILDREN'S NOVELTY PRODUCT CONTAINING A PRIORITY  CHEMICAL.
THIS PROVISION SHALL NOT APPLY TO AN ITEM OF CHILDREN'S APPAREL OR CHIL-
DREN'S  NOVELTY  SOLELY  BASED  ON ITS CONTAINING AN ENCLOSED BATTERY OR
ENCLOSED ELECTRONIC COMPONENTS.
S 37-0911. APPLICABILITY.
  1. NEW CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE  SHALL  APPLY
TO  CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND DOES
NOT APPLY TO USED CHILDREN'S PRODUCTS THAT ARE SOLD OR  DISTRIBUTED  FOR
FREE  AT  SECONDHAND  STORES,  YARD SALES, ON THE INTERNET OR DONATED TO
CHARITIES.
  2. INDUSTRY. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO PRIORI-
TY CHEMICALS USED IN OR FOR INDUSTRY OR MANUFACTURING, INCLUDING  CHEMI-
CALS  PROCESSED  OR OTHERWISE USED IN OR FOR INDUSTRIAL OR MANUFACTURING
PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT.
  3. TRANSPORTATION. THE REQUIREMENTS OF THIS TITLE SHALL NOT  APPLY  TO
MOTOR  VEHICLES  OR THEIR COMPONENT PARTS, WATERCRAFT OR THEIR COMPONENT
PARTS, ALL TERRAIN VEHICLES OR THEIR  COMPONENT  PARTS,  OR  OFF-HIGHWAY
MOTORCYCLES  OR  THEIR  COMPONENT PARTS, EXCEPT THAT THE USE OF PRIORITY
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
  4. COMBUSTION. THE REQUIREMENTS OF  THIS  TITLE  SHALL  NOT  APPLY  TO
PRIORITY  CHEMICALS  GENERATED  SOLELY AS COMBUSTION BY-PRODUCTS OR THAT
ARE PRESENT IN COMBUSTIBLE FUELS.
  5. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS THAT RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT  CONTAINING  A
PRIORITY  CHEMICAL AFTER THE EFFECTIVE DATE OF ITS PROHIBITION FOR WHICH
THAT RETAILER HAS  RECEIVED  PRIOR  NOTIFICATION  FROM  A  MANUFACTURER,
DISTRIBUTOR OR THE STATE.
S 37-0913.  ENFORCEMENT AND IMPLEMENTATION.
  1. FAILURE TO PROVIDE NOTICE. A CHILDREN'S PRODUCT CONTAINING A PRIOR-
ITY  CHEMICAL  MAY NOT BE SOLD, OFFERED FOR SALE OR DISTRIBUTED FOR SALE
IN THIS STATE IF THE MANUFACTURER OR DISTRIBUTOR HAS FAILED  TO  PROVIDE
THE  NOTIFICATION  REQUIRED  UNDER  SECTION 37-0907 OF THIS TITLE BY THE
DATE REQUIRED IN SUCH SECTION. THE COMMISSIONER MAY EXEMPT A  CHILDREN'S
PRODUCT  FROM  THIS  PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE
LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD POSE  AN  UNREASON-
ABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
  2.  CERTIFICATE  OF COMPLIANCE. IF THERE ARE GROUNDS TO SUSPECT THAT A
CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
THE DEPARTMENT MAY REQUEST THE MANUFACTURER OR DISTRIBUTOR OF THE  CHIL-
DREN'S   PRODUCT  TO  PROVIDE  A  CERTIFICATE  OF  COMPLIANCE  WITH  THE
PROVISIONS OF THIS TITLE, WITHIN TEN DAYS OF RECEIPT OF A  REQUEST  FROM
THE DEPARTMENT. THE CERTIFICATE OF COMPLIANCE SHALL:
  (A)  ATTEST  THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE PRIORITY
CHEMICAL; OR
  (B) ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT  NOTIFI-
CATION OF THE PRESENCE OF THE PRIORITY CHEMICAL HAS BEEN PROVIDED TO THE

S. 1526--A                          7

DEPARTMENT  OR  PROVIDE  NOTICE  AS  REQUIRED BY SECTION 37-0907 OF THIS
TITLE; OR
  (C)  ATTEST  THAT  THE  MANUFACTURER HAS NOTIFIED PERSONS WHO SELL THE
PRODUCT IN THIS STATE THAT THE SALE OF THE CHILDREN'S PRODUCT IS PROHIB-
ITED.
S 37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
  1. THE DEPARTMENT IS AUTHORIZED TO PARTICIPATE IN AN INTERSTATE CHEMI-
CALS CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE  REQUIREMENTS  OF  THIS
TITLE.  THE DEPARTMENT SHALL WORK IN COLLABORATION WITH OTHER STATES AND
AN INTERSTATE CHEMICALS CLEARINGHOUSE FOR THE PURPOSE OF, INCLUDING  BUT
NOT LIMITED TO:
  (A)  COLLECTION  AND  DISSEMINATION  OF INFORMATION REGARDING CHEMICAL
HAZARDS;
  (B) COLLECTION AND DISSEMINATION OF INFORMATION REGARDING THE  USE  OF
CHEMICALS IN CHILDREN'S PRODUCTS;
  (C) ASSESSMENT OF ALTERNATIVES TO CHEMICALS AND THEIR USE IN PRODUCTS;
AND
  (D) PUBLIC EDUCATION.
  2.  SUCH CLEARINGHOUSE IS AUTHORIZED TO MAINTAIN INFORMATION ON BEHALF
OF THE STATE OF NEW YORK, INCLUDING, BUT  NOT  LIMITED  TO,  INFORMATION
REGARDING  CHEMICALS CONTAINED IN CHILDREN'S PRODUCTS DISCLOSED PURSUANT
TO SECTION 37-0907 OF THIS TITLE.
S 37-0917. REGULATIONS.
  THE DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS  NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Co-Sponsors

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S1526B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3141A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §§37-0901 - 37-0917, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3141A
2009-2010: A10089B, S7070D

S1526B (ACTIVE) - Bill Texts

view summary

Relates to regulation of toxic chemicals in children's products; establishes the interstate chemical clearinghouse.

view sponsor memo
BILL NUMBER:S1526B

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
regulation of toxic
chemicals in children's products

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
provide greater regulation of children's products to ensure their
health and well-being.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:
* define children's apparel
* define chemical
* define chemical of high concern
* define children
* define children's product
* define distributor
* define manufacturer
* define novelty product
* define priority chemical
* define toy

* requires the Department of Environmental Conservation to establish a
website within one hundred and eighty days of the effective date of
this title, that is accessible to the public which lists all
chemicals of high concern and all priority chemicals;

* allows the Department of Environmental Conservation, in consultation
with the Department of Health to periodically review the list of
chemicals of high concern and identify or remove priority chemicals
or chemicals of high concern or based on credible scientific evidence;

*permit designation of a priority chemical if:

o found to be present in humans
o found to be present in household dust, indoor air, or drinking water
o found to be present in fish, wildlife or the natural environment;
o found to be present in a consumer product or present in the home,
school or children's day care center
o banned for sale in another state

* require every manufacturer that offers a children's product for sale
in this state that contains an intentionally added priority chemical,
to report to the department, in a form prescribed by the department,
the following information:

o the identification of the product
o the name of the priority chemical
o the intended purpose of the chemicals

* authorize DEC to waive all or part of the reporting requirement for
one or more specified uses of a priority chemical;


* require a manufacturer or distributor of a children's product
containing a priority chemical to notify persons that offer the
children's product for sale or distribution in the state, of the
presence of such priority chemical, and provide such persons with
information regarding the toxicity of such chemical;

* require the manufacturer or distributor to pay a fee upon submitting
the report of chemical use or waiver request in the amount of six
hundred dollars per chemical;

* prohibit the sale, effective January 1, 2016, of a children's product
containing a priority chemical;

* specify that the provisions of this act shall apply only to new
products;

o exempt the following uses:
o in or for manufacturing;
o motor vehicles, watercrafts, combustion by-products, all terrain
vehicles or their component parts, or off-highway motorcycles or
their components;
o priority chemicals generated solely as combustion by-products or
that are present in combustible fuels;
o retailers who do not knowingly sell a prohibited children's product;

* prohibit the sale or distribution of a children's product if the
manufacturer or distributor has failed to provide the required
information; and,

* authorize DEC to participate in an interstate chemical clearing
house to assist in carrying out this title

JUSTIFICATION:
Currently, New York identifies or prohibits the use of
dangerous chemicals on a chemical by chemical basis. This approach is
especially problematic for children's products since children are
often more vulnerable to smaller amounts of chemicals. Several other
states, including Washington, California, and Maine have adopted more
comprehensive chemical policies, This. legislation is modeled after
those states and is intended to prevent the
use of dangerous chemicals and ensure the use of safer chemical
alternatives in children's products.

PRIOR LEGISLATIVE HISTORY:
03/10/10 (S.7070) REFERRED TO ENVIRONMENTAL CONSERVATION
05/03/10 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
05/18/10 REPORTED AND COMMITTED TO CODES
06/15/10 COMMITTEE DISCHARGED AND COMMITTED TO RULES
01/10/11 (S.1526) REFERRED TO ENVIRONMENTAL CONSERVATION
12/30/11 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
01/04/12 REFERRED TO ENVIRONMENTAL CONSERVATION

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
implications to the state since the state already funds the
Interstate Chemical Clearinghouse. Will save counties in the state
money that would normally be expended on hospitalization costs of


children who may potentially suffer from negative health effects
caused by unsafe children's products.

EFFECTIVE DATE:
This act shall take effect on the 120th day.

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

                                 1526--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by Sens. PERKINS, ADAMS, AVELLA, DIAZ, DUANE, HASSELL-THOMP-
  SON, HUNTLEY, KRUEGER, MONTGOMERY, OPPENHEIMER, PARKER, SAVINO, SERRA-
  NO, STEWART-COUSINS -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Environmental  Conservation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Envi-
  ronmental Conservation in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of toxic chemicals in children's products

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

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 9 to read as follows:
                                TITLE IX
                 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0901. DEFINITIONS.
        37-0903. CHEMICALS OF HIGH CONCERN.
        37-0905. PRIORITY CHEMICALS.
        37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
        37-0909. SALES PROHIBITION.
        37-0911. APPLICABILITY.
        37-0913. ENFORCEMENT AND IMPLEMENTATION.
        37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
        37-0917. REGULATIONS.
S 37-0901. DEFINITIONS.
  AS  USED  IN  THIS  TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
  1. "CHILDREN'S APPAREL" MEANS ANY ITEM OF CLOTHING  THAT  CONSISTS  OF
FABRIC  OR  RELATED  MATERIAL INTENDED OR PROMOTED FOR USE IN CHILDREN'S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03600-08-2

S. 1526--B                          2

CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
TO PREVENT INJURY, INCLUDING,  BUT  NOT  LIMITED  TO,  BICYCLE  HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
  2.  "CHEMICAL" MEANS A SUBSTANCE WITH A DISTINCT MOLECULAR COMPOSITION
OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE BREAKDOWN
PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
DEGRADATION OR METABOLISM.
  3. "CHEMICAL OF HIGH CONCERN" MEANS A CHEMICAL INCLUDED IN THE LIST OF
"CHEMICALS OF HIGH CONCERN" PUBLISHED IN JUNE 2009 PURSUANT  TO  CHAPTER
16-D OF TITLE 38 OF THE MAINE REVISED STATUTES ANNOTATED.
  4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
  5.  "CHILDREN'S  PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR, MADE
FOR OR MARKETED FOR USE BY CHILDREN, INCLUDING BABY PRODUCTS, TOYS,  CAR
SEATS,  PERSONAL  CARE  PRODUCTS,  A PRODUCT DESIGNED OR INTENDED BY THE
MANUFACTURER TO HELP A CHILD WITH SUCKING  OR  TEETHING,  TO  FACILITATE
SLEEP, RELAXATION, OR THE FEEDING OF A CHILD, NOVELTY PRODUCTS, BEDDING,
FURNITURE,  FURNISHINGS,  AND CHILDREN'S APPAREL.   "CHILDREN'S PRODUCT"
DOES NOT INCLUDE (A) BATTERIES;  OR  (B)  CONSUMER  ELECTRONIC  PRODUCTS
INCLUDING  BUT NOT LIMITED TO PERSONAL COMPUTERS, AUDIO AND VIDEO EQUIP-
MENT, CALCULATORS, WIRELESS PHONES, GAME CONSOLES, AND HANDHELD  DEVICES
INCORPORATING  A  VIDEO  SCREEN, USED TO ACCESS INTERACTIVE SOFTWARE AND
THEIR ASSOCIATED PERIPHERALS; OR (C) A FOOD OR BEVERAGE OR  AN  ADDITIVE
TO  A  FOOD  OR  BEVERAGE  REGULATED  BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION; OR (D) A TOBACCO PRODUCT OR PAPER OR FOREST PRODUCT;  OR
(E)  A PESTICIDE REGULATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY.  CHILDREN'S PRODUCT ALSO DOES NOT INCLUDE A  DRUG,  BIOLOGIC  OR
MEDICAL  DEVICE  REGULATED  BY  THE UNITED STATES FOOD AND DRUG ADMINIS-
TRATION.
  6. "DISTRIBUTOR" MEANS A  PERSON  WHO  SELLS  CHILDREN'S  PRODUCTS  TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  7.  "INTENTIONALLY  ADDED" MEANS THE DELIBERATE USE IN THE FORMULATION
OF A PRODUCT OR SUBPART WHERE ITS CONTINUED PRESENCE IS DESIRED  IN  THE
FINAL  PRODUCT  OR SUBPART TO PROVIDE A SPECIFIC CHARACTERISTIC, APPEAR-
ANCE OR QUALITY.
  8. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A  FINAL
CHILDREN'S  PRODUCT  OR  WHOSE  BRAND  NAME IS AFFIXED TO THE CHILDREN'S
PRODUCT. IN THE CASE OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO  THE
UNITED  STATES,  "MANUFACTURER"  INCLUDES THE IMPORTER OR FIRST DOMESTIC
DISTRIBUTOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO CURRENTLY  MANU-
FACTURES  OR  ASSEMBLES  THE  CHILDREN'S  PRODUCT OR WHOSE BRAND NAME IS
AFFIXED TO THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED
STATES.
  9. "NOVELTY PRODUCT" MEANS A PRODUCT INTENDED MAINLY FOR  PERSONAL  OR
HOUSEHOLD  ENJOYMENT OR ADORNMENT. NOVELTY PRODUCTS INCLUDE, BUT ARE NOT
LIMITED TO, ITEMS INTENDED FOR USE AS PRACTICAL JOKES, FIGURINES, ADORN-
MENTS, TOYS, GAMES, CARDS, ORNAMENTS, YARD STATUES AND FIGURES, CANDLES,
JEWELRY, HOLIDAY DECORATIONS, OR SIMILAR PRODUCTS.
  10. "PRIORITY CHEMICAL" MEANS (A) THE FOLLOWING CHEMICALS:
  CASRN115-96-8     TRIS (2-CHLOROETHYL) PHOSPHATE
  CASRN71-43-2      BENZENE
  CASRN7439-92-1    LEAD AND COMPOUNDS (INORGANIC)
  CASRN7439-97-6    MERCURY AND MERCURY COMPOUNDS, INCLUDING METHYL
                    MERCURY (CASRN 22967-92-6)
  CASRN7439-98-7    MOLYBDENUM AND MOLYBDENUM COMPOUNDS
  CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS
  CASRN7440-38-2    ARSENIC AND ARSENIC COMPOUNDS INCLUDING ARSENIC

S. 1526--B                          3

                    TRIOXIDE (CASRN 1327-53-3)
                    AND DIMETHYL ARSENIC (CASRN 75-60-5)
  CASRN7440-43-9    CADMIUM
  CASRN7440-48-4    COBALT AND COBALT COMPOUNDS AND
  (B)  A  CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0505
OF THIS TITLE.
  11. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER  TO
BE USED BY A CHILD AT PLAY.
S 37-0903. CHEMICALS OF HIGH CONCERN.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE  OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
BLE TO THE PUBLIC IS  ESTABLISHED  THAT  LISTS  ALL  CHEMICALS  OF  HIGH
CONCERN.
  2.  PERIODIC  REVIEW.  (A)  THE  DEPARTMENT,  IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, MAY PERIODICALLY REVIEW THE LIST OF  CHEMICALS  OF
HIGH  CONCERN  AND, THROUGH REGULATION, IDENTIFY ADDITIONAL CHEMICALS OF
HIGH CONCERN, OR REMOVE A CHEMICAL FROM THE LIST OF  CHEMICALS  OF  HIGH
CONCERN  BASED  ON EVIDENCE THAT THE CHEMICAL DOES NOT MEET THE CRITERIA
OF THIS SUBDIVISION.  IN THE EVENT THAT A NEW DETERMINATION IS MADE BY A
STATE, FEDERAL OR INTERNATIONAL  GOVERNMENTAL  ENTITY  THAT  A  CHEMICAL
MEETS  THE  HIGH  CONCERN  CRITERIA,  NOTHING  HEREIN  SHALL PREVENT THE
DEPARTMENT FROM ACTING TO ADD SUCH CHEMICALS  OUTSIDE  OF  THE  PERIODIC
REVIEW PROCESS.
  (B)  THE  DEPARTMENT SHALL, UPON THIS REVIEW, IDENTIFY A CHEMICAL AS A
CHEMICAL OF HIGH CONCERN IF IT DETERMINES THAT  THE  CHEMICAL  HAS  BEEN
IDENTIFIED  BY  A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY ON
THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS:
  (I) A CARCINOGEN, A  REPRODUCTIVE  OR  DEVELOPMENTAL  TOXICANT  OR  AN
ENDOCRINE DISRUPTOR;
  (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
  (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
  (C)  IN  MAKING SUCH DETERMINATION, THE DEPARTMENT MAY CONSIDER BUT IS
NOT LIMITED TO CONSIDERING:
  (I) CHEMICALS IDENTIFIED AS "GROUP 1 CARCINOGENS" OR "GROUP 2A  CARCI-
NOGENS"  BY  THE  WORLD  HEALTH  ORGANIZATION,  INTERNATIONAL AGENCY FOR
RESEARCH ON CANCER;
  (II) CHEMICALS IDENTIFIED AS "KNOWN TO  BE  A  HUMAN  CARCINOGEN"  AND
"REASONABLY  ANTICIPATED  TO  BE A HUMAN CARCINOGEN" BY THE SECRETARY OF
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN  SERVICES  PURSUANT  TO
THE PUBLIC HEALTH SERVICE ACT, 42 UNITED STATES CODE, SECTION 241(B)(4),
AS AMENDED;
  (III) CHEMICALS IDENTIFIED AS "GROUP A CARCINOGENS" OR "GROUP B CARCI-
NOGENS" BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  (IV)  CHEMICALS  IDENTIFIED AS REPRODUCTIVE OR DEVELOPMENTAL TOXICANTS
BY:
  (A) THE  UNITED  STATES  DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES,
NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE EVALUATION OF RISKS TO HUMAN
REPRODUCTION; AND
  (B) THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF ENVIRON-
MENTAL  HEALTH  HAZARD  ASSESSMENT PURSUANT TO THE CALIFORNIA HEALTH AND
SAFETY CODE, SAFE DRINKING WATER AND  TOXIC  ENFORCEMENT  ACT  OF  1986,
CHAPTER 6.6, SECTION 25249.8;
  (V) CHEMICALS IDENTIFIED AS A CHEMICAL OF HIGH CONCERN FOR CHILDREN OR
A HIGH PRIORITY CHEMICAL OF HIGH CONCERN FOR CHILDREN OR AS A PERSISTENT
BIOACCUMULATIVE  TOXIC CHEMICAL BY THE STATE OF WASHINGTON DEPARTMENT OF

S. 1526--B                          4

ECOLOGY, PURSUANT TO CHAPTER 70.240 OF THE REVISED CODE OF WASHINGTON OR
CHAPTER 173-333 OF THE STATE OF WASHINGTON ADMINISTRATIVE CODE;
  (VI) CHEMICALS OF HIGH CONCERN AS SUCH CHEMICALS ARE IDENTIFIED BY THE
STATE  OF MAINE'S DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND APPEARING
ON SUCH DEPARTMENT'S LIST OF CHEMICALS OF HIGH CONCERN;
  (VII) CHEMICALS IDENTIFIED AS KNOWN  OR  LIKELY  ENDOCRINE  DISRUPTORS
THROUGH  SCREENING  OR  TESTING  CONDUCTED  IN ACCORDANCE WITH PROTOCOLS
DEVELOPED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY  PURSUANT
TO THE UNITED STATES FOOD, DRUG AND COSMETIC ACT, 21 UNITED STATES CODE,
346A(P),  AS  AMENDED BY THE FEDERAL FOOD QUALITY PROTECTION ACT (PUBLIC
LAW 104-170) OR THE FEDERAL SAFE DRINKING WATER ACT,  42  UNITED  STATES
CODE, SECTION 300J-17;
  (VIII)  CHEMICALS  LISTED ON THE BASIS OF ENDOCRINE-DISRUPTING PROPER-
TIES IN ANNEX XIV, LIST OF SUBSTANCES SUBJECT  TO  AUTHORISATION,  REGU-
LATION  (EC)  NO  1907/2006  OF  THE  EUROPEAN PARLIAMENT CONCERNING THE
REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS;
  (IX) PERSISTENT, BIOACCUMULATIVE AND  TOXIC  CHEMICALS  IDENTIFIED  BY
OTHER STATES OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AND
  (X)  A  VERY PERSISTENT, VERY BIOACCUMULATIVE CHEMICAL LISTED IN ANNEX
XIV, LIST OF SUBSTANCES SUBJECT TO  AUTHORISATION,  REGULATION  (EC)  NO
1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE REGISTRATION, EVALU-
ATION, AUTHORIZATION AND RESTRICTION OF CHEMICALS.
S 37-0905. PRIORITY CHEMICALS.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE  OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
BLE TO THE PUBLIC IS ESTABLISHED THAT LISTS ALL PRIORITY CHEMICALS.
  2. PERIODIC REVIEW. (A)  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
DEPARTMENT OF HEALTH, MAY PERIODICALLY REVIEW THE LIST OF PRIORITY CHEM-
ICALS AND, THROUGH REGULATION, IDENTIFY ADDITIONAL PRIORITY CHEMICALS OR
REMOVE  A CHEMICAL FROM THE LIST OF PRIORITY CHEMICALS BASED ON EVIDENCE
THAT THE CHEMICAL IS NOT PRESENT IN A CHILDREN'S  PRODUCT  OR  OTHERWISE
SHOULD  NOT  BE SUBJECT TO THE REQUIREMENTS OF THIS TITLE.  IN THE EVENT
THAT A NEW DETERMINATION IS MADE BY A STATE,  FEDERAL  OR  INTERNATIONAL
GOVERNMENTAL  ENTITY  THAT A CHEMICAL MEETS THE PRIORITY CHEMICAL CRITE-
RIA, NOTHING HEREIN SHALL PREVENT THE DEPARTMENT FROM ACTING TO ADD SUCH
CHEMICALS OUTSIDE OF THE PERIODIC REVIEW PROCESS.
  (B) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
IDENTIFY A CHEMICAL AS A PRIORITY CHEMICAL  IF,  UPON  SUCH  REVIEW,  IT
DETERMINES  THAT  A  CHEMICAL OF HIGH CONCERN MEETS ANY OF THE FOLLOWING
CRITERIA:
  (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND  THROUGH  BIOMONI-
TORING  TO  BE  PRESENT IN HUMANS, INCLUDING HUMAN BLOOD, UMBILICAL CORD
BLOOD, BREAST MILK, URINE OR OTHER BODILY TISSUES OR FLUIDS;
  (II) THE CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS  TO  BE
PRESENT  IN  HOUSEHOLD  DUST, INDOOR AIR, DRINKING WATER OR ELSEWHERE IN
THE HOME ENVIRONMENT;
  (III) THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT  IN
FISH, WILDLIFE OR THE NATURAL ENVIRONMENT;
  (IV)  THE  CHEMICAL IS PRESENT IN A CHILDREN'S PRODUCT USED OR PRESENT
IN THE HOME, SCHOOL, OR CHILDCARE CENTER; OR
  (V) THE SALE OR USE OF THE CHEMICAL OR A PRODUCT CONTAINING THE CHEMI-
CAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE UNITED  STATES
BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
  (C)  IF  A  CHEMICAL  IS REMOVED FROM THE LISTING OF CHEMICALS OF HIGH
CONCERN, IT SHALL ALSO BE UNDESIGNATED AS A PRIORITY CHEMICAL.
S 37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.

S. 1526--B                          5

  1. REPORTING OF CHEMICAL USE. NO LATER  THAN  TWELVE  MONTHS  AFTER  A
PRIORITY  CHEMICAL  IS  LISTED ON THE LIST PUBLISHED PURSUANT TO SECTION
37-0905 OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S  PROD-
UCT  FOR  SALE  OR  DISTRIBUTION  IN  THIS STATE THAT CONTAINS AN INTEN-
TIONALLY  ADDED  PRIORITY CHEMICAL SHALL REPORT SUCH CHEMICAL USE TO THE
DEPARTMENT IN A FORM PRESCRIBED BY THE DEPARTMENT.  THE  DEPARTMENT  MAY
COLLABORATE  WITH OTHER STATES AND AN INTERSTATE CHEMICALS CLEARINGHOUSE
IN DEVELOPING SUCH FORM.
  (A) THIS REPORT MUST AT A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT, THE
PRIORITY CHEMICAL OR CHEMICALS CONTAINED IN THE CHILDREN'S PRODUCT,  AND
THE  INTENDED  PURPOSE  OF THE CHEMICALS IN THE CHILDREN'S PRODUCT.  THE
DEPARTMENT MAY ALSO REQUIRE REPORTING OF THE FOLLOWING INFORMATION:
  (I) THE POTENTIAL FOR HARM TO HUMAN HEALTH AND  THE  ENVIRONMENT  FROM
SPECIFIC USES OF THE PRIORITY CHEMICAL;
  (II)  THE AMOUNT OF SUCH CHEMICAL IN EACH UNIT OF THE CHILDREN'S PROD-
UCT, EXPRESSED IN A RANGE;
  (III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
FROM THE CHILDREN'S PRODUCT TO THE ENVIRONMENT DURING THE PRODUCT'S LIFE
CYCLE AND THE EXTENT TO WHICH USERS OF THE  PRODUCT  ARE  LIKELY  TO  BE
EXPOSED TO THE CHEMICAL; OR
  (IV) INFORMATION ON THE EXTENT TO WHICH THE CHEMICAL IS PRESENT IN THE
ENVIRONMENT OR HUMAN BODY.
  (B)  THE  DEPARTMENT  IS  AUTHORIZED TO DIRECT SUBMISSION OF A COPY OF
SUCH REPORT TO THE INTERSTATE CHEMICALS CLEARINGHOUSE.
  2. WAIVER OF  REPORTING.  UPON  APPLICATION  BY  A  MANUFACTURER,  THE
COMMISSIONER  MAY  WAIVE ALL OR PART OF THE REPORTING REQUIREMENTS UNDER
SUBDIVISION ONE OF THIS SECTION FOR ONE OR  MORE  SPECIFIED  USES  OF  A
PRIORITY  CHEMICAL.  IN  MAKING SUCH DETERMINATION, THE COMMISSIONER MAY
CONSIDER: (A) IF SUBSTANTIALLY EQUIVALENT INFORMATION IS ALREADY PUBLIC-
LY AVAILABLE OR THAT THE INFORMATION IS NOT NEEDED FOR THE  PURPOSES  OF
THIS  CHAPTER,  (B)  SIMILAR  WAIVERS  GRANTED  BY OTHER STATES, AND (C)
WHETHER THE SPECIFIED USE OR USES ARE MINOR IN VOLUME.
  3. NOTICE TO RETAILERS. A MANUFACTURER OR DISTRIBUTOR OF A  CHILDREN'S
PRODUCT  CONTAINING  A PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER
THE CHILDREN'S PRODUCT FOR SALE OR DISTRIBUTION IN THE STATE, IN A  FORM
PRESCRIBED BY THE DEPARTMENT, OF THE PRESENCE OF SUCH PRIORITY CHEMICAL,
AND PROVIDE SUCH PERSONS WITH INFORMATION REGARDING THE TOXICITY OF SUCH
CHEMICAL.
  4.  FEES.  THE  MANUFACTURER  OR  DISTRIBUTOR  SHALL  PAY  A  FEE UPON
SUBMISSION OF A REPORT OF CHEMICAL USE PURSUANT TO  SUBDIVISION  ONE  OF
THIS  SECTION  OR  A  WAIVER REQUEST PURSUANT TO SUBDIVISION TWO OF THIS
SECTION TO COVER THE DEPARTMENT'S REASONABLE COSTS IN THE AMOUNT OF  SIX
HUNDRED DOLLARS PER CHEMICAL.
S 37-0909. SALES PROHIBITION.
  EFFECTIVE  JANUARY  1, 2016, NO PERSON SHALL DISTRIBUTE, SELL OR OFFER
FOR SALE IN THIS STATE A CHILDREN'S PRODUCT CONTAINING A PRIORITY CHEMI-
CAL THAT HAS BEEN LISTED FOR AT LEAST ONE YEAR.   THIS  PROVISION  SHALL
NOT  APPLY  TO  A  CHILDREN'S  PRODUCT SOLELY BASED ON ITS CONTAINING AN
ENCLOSED BATTERY OR ENCLOSED ELECTRONIC COMPONENTS. THE COMMISSIONER MAY
EXEMPT A CHILDREN'S PRODUCT FROM THIS PROHIBITION IF, IN THE COMMISSION-
ER'S JUDGMENT, THE LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT  COULD
POSE AN UNREASONABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
S 37-0911. APPLICABILITY.
  1.  NEW  CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY
TO CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND  DOES
NOT  APPLY  TO USED CHILDREN'S PRODUCTS THAT ARE SOLD OR DISTRIBUTED FOR

S. 1526--B                          6

FREE AT SECONDHAND STORES, YARD SALES, ON THE  INTERNET  OR  DONATED  TO
CHARITIES.
  2. INDUSTRY. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO PRIORI-
TY  CHEMICALS USED IN OR FOR INDUSTRY OR MANUFACTURING, INCLUDING CHEMI-
CALS PROCESSED OR OTHERWISE USED IN OR FOR INDUSTRIAL  OR  MANUFACTURING
PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT.
  3.  TRANSPORTATION.  THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO
MOTOR VEHICLES OR THEIR COMPONENT PARTS, WATERCRAFT OR  THEIR  COMPONENT
PARTS,  ALL  TERRAIN  VEHICLES  OR THEIR COMPONENT PARTS, OR OFF-HIGHWAY
MOTORCYCLES OR THEIR COMPONENT PARTS, EXCEPT THAT THE  USE  OF  PRIORITY
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
  4.  COMBUSTION.  THE  REQUIREMENTS  OF  THIS  TITLE SHALL NOT APPLY TO
PRIORITY CHEMICALS GENERATED SOLELY AS COMBUSTION  BY-PRODUCTS  OR  THAT
ARE PRESENT IN COMBUSTIBLE FUELS.
  5. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS  THAT  RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT CONTAINING A
PRIORITY CHEMICAL AFTER THE EFFECTIVE DATE OF ITS PROHIBITION FOR  WHICH
THAT  RETAILER  HAS  RECEIVED  PRIOR  NOTIFICATION  FROM A MANUFACTURER,
DISTRIBUTOR OR THE STATE.
S 37-0913.  ENFORCEMENT AND IMPLEMENTATION.
  1. FAILURE TO PROVIDE NOTICE. A CHILDREN'S PRODUCT CONTAINING A PRIOR-
ITY CHEMICAL MAY NOT BE SOLD, OFFERED FOR SALE OR DISTRIBUTED  FOR  SALE
IN  THIS  STATE  UNLESS THE MANUFACTURER OR DISTRIBUTOR HAS PROVIDED THE
NOTIFICATION REQUIRED UNDER SECTION 37-0907 OF THIS TITLE  BY  THE  DATE
REQUIRED IN SUCH SECTION. THE COMMISSIONER MAY EXEMPT A CHILDREN'S PROD-
UCT  FROM  THIS PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK
OF AVAILABILITY OF THE CHILDREN'S PRODUCT  COULD  POSE  AN  UNREASONABLE
RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
  2.  STATEMENT  OF  COMPLIANCE.  IF THERE ARE GROUNDS TO SUSPECT THAT A
CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
THE DEPARTMENT MAY REQUEST THE MANUFACTURER OR DISTRIBUTOR OF THE  CHIL-
DREN'S  PRODUCT  TO PROVIDE A STATEMENT OF COMPLIANCE ON A FORM PROVIDED
BY THE DEPARTMENT, WITHIN TEN DAYS OF RECEIPT  OF  A  REQUEST  FROM  THE
DEPARTMENT. THE STATEMENT OF COMPLIANCE SHALL:
  (A)  ATTEST  THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE PRIORITY
CHEMICAL; OR
  (B) ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT  NOTIFI-
CATION OF THE PRESENCE OF THE PRIORITY CHEMICAL HAS BEEN PROVIDED TO THE
DEPARTMENT  OR  PROVIDE  NOTICE  AS  REQUIRED BY SECTION 37-0907 OF THIS
TITLE; OR
  (C) ATTEST THAT THE MANUFACTURER HAS NOTIFIED  PERSONS  WHO  SELL  THE
PRODUCT IN THIS STATE THAT THE SALE OF THE CHILDREN'S PRODUCT IS PROHIB-
ITED.
S 37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
  1. THE DEPARTMENT IS AUTHORIZED TO PARTICIPATE IN AN INTERSTATE CHEMI-
CALS  CLEARINGHOUSE  TO  ASSIST IN CARRYING OUT THE REQUIREMENTS OF THIS
TITLE. THE DEPARTMENT SHALL WORK IN COLLABORATION WITH OTHER STATES  AND
AN  INTERSTATE CHEMICALS CLEARINGHOUSE FOR THE PURPOSE OF, INCLUDING BUT
NOT LIMITED TO:
  (A) COLLECTION AND DISSEMINATION  OF  INFORMATION  REGARDING  CHEMICAL
HAZARDS;
  (B)  COLLECTION  AND DISSEMINATION OF INFORMATION REGARDING THE USE OF
CHEMICALS IN CHILDREN'S PRODUCTS;
  (C) ASSESSMENT OF ALTERNATIVES TO CHEMICALS AND THEIR USE IN PRODUCTS;
AND
  (D) PUBLIC EDUCATION.

S. 1526--B                          7

  2. SUCH CLEARINGHOUSE IS AUTHORIZED TO MAINTAIN INFORMATION ON  BEHALF
OF  THE  STATE  OF  NEW YORK, INCLUDING, BUT NOT LIMITED TO, INFORMATION
REGARDING CHEMICALS CONTAINED IN CHILDREN'S PRODUCTS DISCLOSED  PURSUANT
TO SECTION 37-0907 OF THIS TITLE.
S 37-0917. REGULATIONS.
  THE  DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective  immediately,  the  department  of
environmental  conservation  is  authorized to implement rules and regu-
lations for the timely implementation of this act on its effective date.

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