S T A T E O F N E W Y O R K
________________________________________________________________________
9174
I N A S S E M B L Y
February 1, 2012
___________
Introduced by M. of A. JOHNS, ORTIZ, P. RIVERA, BLANKENBUSH, KAVANAGH,
TOBACCO, FINCH, CURRAN, CASTRO, CASTELLI -- Multi-Sponsored by -- M.
of A. CALHOUN, CROUCH -- read once and referred to the Committee on
Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
banning bisphenol A from canned foods
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 37-0503 of the environmental conservation law, as
added by chapter 280 of the laws of 2010, is amended to read as follows:
S 37-0503. Definitions.
As used in this title, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
1. "[child] CHILD care product" means all pacifiers and unfilled
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.
2. "CANNED FOODS" MEANS ANY CANNED FOOD ITEM THAT HAS BEEN HERMETICAL-
LY SEALED AND COMMERCIALLY PROCESSED AND PREPARED FOR HUMAN CONSUMPTION,
INCLUDING CANNED OR PRESERVED FRUITS, VEGETABLES, MEATS OR OTHER ARTI-
CLES OF FOOD.
S 2. The environmental conservation law is amended by adding a new
section 37-0506 to read as follows:
S 37-0506. CANNED FOODS.
1. BEGINNING DECEMBER FIRST, TWO THOUSAND TWELVE, NO PERSON, FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY CANNED FOOD ITEM THAT HAS BEEN PREPARED AND
IS INTENDED FOR HUMAN CONSUMPTION CONTAINING BISPHENOL A.
2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE SALE OR
DISTRIBUTION OF CANNED FOOD ITEMS RESOLD OR OFFERED FOR RESALE, OR
DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 3. Section 71-3703 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13734-01-2
A. 9174 2
4. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTION 37-0506 OF THIS CHAPTER 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.