assembly Bill A5295A

2013-2014 Legislative Session

Prohibits the manufacture, distribution and sale of toys and child care products containing phthalates

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 20, 2014 reported referred to codes
May 14, 2014 print number 5295a
May 14, 2014 amend and recommit to consumer affairs and protection
Jan 08, 2014 referred to consumer affairs and protection
Feb 22, 2013 referred to consumer affairs and protection

Co-Sponsors

Multi-Sponsors

A5295 - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §397-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2690
2011-2012: A4212
2015-2016: A386
2017-2018: A994
2019-2020: A756
2021-2022: A1554

A5295 - Summary

Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

A5295 - Bill Text download pdf

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

                                  5295

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  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;
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03176-01-3

Co-Sponsors

Multi-Sponsors

A5295A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §397-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2690
2011-2012: A4212
2015-2016: A386
2017-2018: A994
2019-2020: A756
2021-2022: A1554

A5295A (ACTIVE) - Summary

Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

A5295A (ACTIVE) - Bill Text download pdf

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

                                 5295--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced by M. of A. ROSENTHAL, ROBERTS -- Multi-Sponsored by -- M. of
  A.  CLARK  --  read  once  and  referred  to the Committee on Consumer
  Affairs and Protection -- recommitted to  the  Committee  on  Consumer
  Affairs  and  Protection in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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.
                                                           LBD03176-02-4