S T A T E O F N E W Y O R K
________________________________________________________________________
5883
2013-2014 Regular Sessions
I N A S S E M B L Y
March 8, 2013
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Introduced by M. of A. ORTIZ -- 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 hot beverage lids containing
bisphenol-A or phthalates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
397-b to read as follows:
S 397-B. HOT BEVERAGE LID PRODUCTS; BISPHENOL-A. 1. THE LEGISLATURE
HEREBY FINDS THAT BISPHENOL-A, AN ESTROGEN-MIMICKING ENDOCRINE DISRUPTER
CHEMICAL, IS USED IN THE PRODUCTION OF EPOXY RESINS AND POLYCARBONATE
PLASTICS, AND IS THE MAIN INGREDIENT IN HARD POLYCARBONATE PLASTICS.
THESE PLASTICS ARE USED IN MANY FOOD AND DRINK PACKAGING APPLICATIONS,
AND THE RESINS ARE COMMONLY USED AS LACQUERS TO COAT METAL PRODUCTS SUCH
AS FOOD CANS, BOTTLE TOPS AND WATER SUPPLY PIPES. BISPHENOL-A HAS BEEN
SHOWN TO HAVE HORMONE DISRUPTING EFFECTS.
2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
ANY HOT BEVERAGE LID PRODUCTS CONTAINING BISPHENOL-A.
3. EVERY MANUFACTURER OF HOT BEVERAGE LID PRODUCTS PROHIBITED BY THIS
SECTION SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A IN THE
HOT BEVERAGE LID PRODUCT. SUCH ALTERNATIVE SHALL NOT BE (I) A CARCINOGEN
RATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A, B OR C
CARCINOGENS, 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 EVALU-
ATED FOR CARCINOGEN POTENTIAL"; OR (II) REPRODUCTIVE TOXICANTS THAT
CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM OR DEVELOPMENTAL HARM AS IDENTI-
FIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09613-01-3
A. 5883 2
4. 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 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.