senate Bill S3533A

2013-2014 Legislative Session

Prohibits the sale or offering for sale of toys, and liquids, foods and beverages in containers, for children 3 or younger, containing bisphenol A

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 26, 2014 print number 3533a
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
Feb 05, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3533 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§37-0503 & 37-0505, ren §§37-0507, 37-0509 & 37-0511 to be §§37-0511, 37-0513 & 37-0515, add §§37-0507 & 37-0509, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S5387A

S3533 - Bill Texts

view summary

Prohibits the sale or offering for sale of toys, and liquids, foods and beverages in containers, for children 3 or younger, containing bisphenol A; requires manufacturers of products containing bisphenol A to use the least toxic alternative chemical compound to replace bisphenol A.

view sponsor memo
BILL NUMBER:S3533

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to regulation of toys, and food and beverage containers
containing bisphenol A

PURPOSE OF THE BILL: The bill would prohibit the manufacture, distrib-
ution and sale of toys, food and beverage containers containing bisphe-
nol-A intended for children three years of age or younger.

SUMMARY OF PROVISIONS: The bill amends Article 37 of the Environmental
Conservation Law to add toys and food and beverage containers to the
current prohibition for the manufacture, distribution, sale or offer for
sale of any child care product containing EPA. One year waivers from the
ban in food and beverage containers are allowed by DEC if there are no
available substitutes for BPA. EPA in toys would be banned after Decem-
ber 1, 2012 and in food and beverage containers by December 1, 2013.

The bill also prohibits manufacturers from replacing EPA with another
chemical compound that is a known human carcinogen, a developmental
toxin, an endocrine disruptor or a reproductive toxin; and requires them
to use the least toxic alternative for EPA. DEC is required to provide
information on least toxic alternatives that meet the above criteria.
These provisions also apply to the original law regulating child care
products.

JUSTIFICATION: Eisphenol-A is an estrogen-mimicking endocrine disrupter
chemical used in the production of epoxy resigns and polycarbonate plas-
tics and is the main ingredient in hard polycarbonate plastics. BPA has
been linked to breast and prostate cancer, early-onset puberty and poly-
cystic ovary syndrome. These plastics are used in toys as well as many
food and drink packaging applications. This chemical has been shown to
be present in most of the population. The age of three reflects the type
of products that are used by infants and very young children, This bill
will significantly reduce the risk posed to children by this chemical.

Maryland passed a 2010 law that prohibits the manufacture, sale and
distribution of any child's toy or child care product containing EPA,
requires the least toxic alternative, and prohibits replacement to EPA
that is a known human carcinogen, a developmental toxin, an endocrine
disruptor or a reproductive toxin. Vermont enacted a 2010 law that
includes a prohibition for BPA in infant formula or baby food contain-
ers. In addition to Mew York seven states (California, Connecticut,
Maryland, Minnesota, Washington State and Wisconsin) as well as Schenec-
tady, Albany, Rockland and Suffolk Counties in New York have already
passed laws prohibiting EPA in plastic food containers for infants. The
EPA is considering whether to restrict SPA in canned food and other
containers, including infant formula containers.

PRIOR LEGISLATIVE HISTORY: 2011-12 S5387 - Referred to Environmental
Conservation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act would take effect immediately.

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

                                  3533

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen. O'BRIEN -- 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 toys, and food and beverage containers containing  bisphenol
  A

  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[, "child]:
  1.  "CHILD  care  product"  means  all pacifiers and unfilled beverage
containers to be used by children under three years old for the consump-
tion of liquids including pacifiers, baby bottles,  baby  bottle  liners
and cups, cup lids, straws and sippy cups.
  2.  "TOY"  MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE MANUFACTURER
TO BE USED FOR PLAY BY CHILDREN THREE YEARS OF AGE AND YOUNGER.
  S 2. Section 37-0505 of the environmental conservation law,  as  added
by chapter 280 of the laws of 2010, is amended to read as follows:
S 37-0505. Child care products AND TOYS.
  1.  Beginning December first, two thousand ten, no person, firm, part-
nership, association, limited liability  company  or  corporation  shall
sell  or  offer  for  sale  any child care product intended for use by a
child three years of age or younger containing bisphenol A.
  2. BEGINNING DECEMBER FIRST, TWO THOUSAND THIRTEEN, NO  PERSON,  FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY TOY CONTAINING BISPHENOL A.
  3.  The  provisions  of  this  section  shall not apply to the sale or
distribution of child care products resold or  offered  for  resale,  or
distributed by consumers for consumer use.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07009-01-3

S. 3533                             2

  S  3.  Sections  37-0507,  37-0509  and  37-0511  of the environmental
conservation law are renumbered sections 37-0511, 37-0513  and  37-0515,
and two new sections 37-0507 and 37-0509 are added to read as follows:
S 37-0507. FOOD AND BEVERAGE CONTAINERS.
  1.  BEGINNING  DECEMBER FIRST, TWO THOUSAND FOURTEEN, NO PERSON, FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY LIQUID, FOOD OR BEVERAGE IN  A  CAN,  JAR  OR
OTHER  CONTAINER  CONTAINING BISPHENOL A IF THE LIQUID, FOOD OR BEVERAGE
IS DESIGNED OR INTENDED PRIMARILY  FOR  CONSUMPTION  BY  CHILDREN  THREE
YEARS OF AGE OR YOUNGER.
  2.  A  MANUFACTURER  OF A PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
SUBDIVISION ONE OF THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR  WAIVER
OF  THE  REQUIREMENTS OF SUCH SUBDIVISION FOR A PERIOD OF ONE YEAR, UPON
PROOF THAT THERE ARE NO AVAILABLE ALTERNATIVES TO  BISPHENOL  A  IN  THE
MANUFACTURE  OF  THE  CAN, JAR OR OTHER CONTAINER THAT IS SUBJECT TO THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.  AFTER  THE  GRANTING  OF
SUCH  A  WAIVER TO A MANUFACTURER, IT MAY THEREAFTER APPLY FOR ONE ADDI-
TIONAL ONE YEAR WAIVER.
S 37-0509. ALTERNATIVES TO BISPHENOL A.
  1. A MANUFACTURER OF A PRODUCT PROHIBITED TO BE SOLD  OR  OFFERED  FOR
SALE PURSUANT TO THIS TITLE SHALL:
  A.  NOT  REPLACE  BISPHENOL  A WITH ANOTHER CHEMICAL COMPOUND THAT HAS
BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS  CLAS-
SIFIED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
MENTAL TOXIN, AN ENDOCRINE DISRUPTER OR A REPRODUCTIVE TOXIN;
  B. USE THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND  TO  REPLACE
BISPHENOL A;
  C.  PROVIDE,  TO THE DEPARTMENT PRIOR TO THE MANUFACTURE OF SUCH PROD-
UCT, INFORMATION ON SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND; AND
  D. NOT MANUFACTURE SUCH PRODUCT UNTIL THE DEPARTMENT SHALL HAVE CERTI-
FIED SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHENOL
A.
  2. EVERY LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE  BISPHE-
NOL A CERTIFIED BY THE DEPARTMENT SHALL:
  A. BE THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
  B.  NOT BE A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, A  DEVELOPMENTAL  TOXIN,  AN  ENDOCRINE
DISRUPTER OR A REPRODUCTIVE TOXIN.
  3.  THE  DEPARTMENT  SHALL REGULARLY UPDATE ITS LISTING OF LEAST TOXIC
CHEMICAL COMPOUNDS CERTIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
AND PROVIDE SUCH UPDATED LISTINGS TO MANUFACTURERS TO WHICH  SUBDIVISION
ONE OF THIS SECTION APPLIES.
  S 4. This act shall take effect immediately.

Co-Sponsors

S3533A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§37-0503 & 37-0505, ren §§37-0507, 37-0509 & 37-0511 to be §§37-0511, 37-0513 & 37-0515, add §§37-0507 & 37-0509, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S5387A

S3533A (ACTIVE) - Bill Texts

view summary

Prohibits the sale or offering for sale of toys, and liquids, foods and beverages in containers, for children 3 or younger, containing bisphenol A; requires manufacturers of products containing bisphenol A to use the least toxic alternative chemical compound to replace bisphenol A.

view sponsor memo
BILL NUMBER:S3533A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to regulation of toys, and food and beverage containers
containing bisphenol A

PURPOSE OF THE BILL:

The bill would prohibit the manufacture, distribution and sale of
toys, food and beverage containers containing bisphenol-A intended for
children three years of age or younger.

SUMMARY OF PROVISIONS:

The bill amends Article 37 of the Environmental Conservation Law to
add toys and food and beverage containers to the current prohibition
for the manufacture, distribution, sale or offer for sale of any child
care product containing BPA. One year waivers from the ban in food and
beverage containers are allowed by DEC if there are no available
substitutes for BPA. BPA in toys would be banned after December 1,
2014 and in food and beverage containers by December 1, 2015.

The bill also prohibits manufacturers from replacing BPA with another
chemical compound that is a known human carcinogen, a developmental
toxin, an endocrine disruptor or a reproductive toxin; and requires
them to use the least toxic alternative for BPA. DEC is required to
provide information on least toxic alternatives that meet the above
criteria. These provisions also apply to the original law regulating
child care products.

JUSTIFICATION:

Bisphenol-A is an estrogen-mimicking endocrine disrupter chemical used
in the production of epoxy resigns and polycarbonate plastics and is
the main ingredient in hard polycarbonate plastics. BPA has been
linked to breast and prostate cancer, early-onset puberty and
polycystic ovary syndrome. These plastics are used in toys as well as
many food and drink packaging applications. This chemical has been
shown to be present in most of the population. The age of three
reflects the type of products that are used by infants and very young
children. This bill will significantly reduce the risk posed to
children by this chemical.

Maryland passed a 2010 law that prohibits the manufacture, sale and
distribution of any child's toy or child care product containing BPA,
requires the least toxic alternative, and prohibits replacement to BPA
that is a known human carcinogen, a developmental toxin, an endocrine
disruptor or a reproductive toxin. Vermont enacted a 2010 law that
includes a prohibition for BPA in infant formula or baby food
containers. In addition to New York seven states (California,
Connecticut, Maryland, Minnesota, Washington State and Wisconsin) as
well as Schenectady, Albany, Rockland and Suffolk Counties in New York
have already passed laws prohibiting BPA in plastic food containers
for infants. The EPA is considering whether to restrict BPA in canned
food and other containers, including infant formula containers.

PRIOR LEGISLATIVE HISTORY:


2011-12 S5387 - Referred to Environmental Conservation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act would take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3533--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sens.  O'BRIEN, AVELLA, DILAN, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  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 toys, and food and beverage containers containing bisphenol
  A

  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[, "child]:
  1. "CHILD care product" means  all  pacifiers  and  unfilled  beverage
containers to be used by children under three years old for the consump-
tion  of  liquids  including pacifiers, baby bottles, baby bottle liners
and cups, cup lids, straws and sippy cups.
  2. "TOY" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY  THE  MANUFACTURER
TO BE USED FOR PLAY BY CHILDREN THREE YEARS OF AGE AND YOUNGER.
  S  2.  Section 37-0505 of the environmental conservation law, as added
by chapter 280 of the laws of 2010, is amended to read as follows:
S 37-0505. Child care products AND TOYS.
  1. Beginning December first, two thousand ten, no person, firm,  part-
nership,  association,  limited  liability  company or corporation shall
sell or offer for sale any child care product  intended  for  use  by  a
child three years of age or younger containing bisphenol A.
  2.  BEGINNING  DECEMBER FIRST, TWO THOUSAND FOURTEEN, NO PERSON, FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY TOY CONTAINING BISPHENOL A.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07009-03-4

S. 3533--A                          2

  3. The provisions of this section shall  not  apply  to  the  sale  or
distribution  of  child  care  products resold or offered for resale, or
distributed by consumers for consumer use.
  S  3.  Sections  37-0507,  37-0509  and  37-0511  of the environmental
conservation law are renumbered sections 37-0511, 37-0513  and  37-0515,
and two new sections 37-0507 and 37-0509 are added to read as follows:
S 37-0507. FOOD AND BEVERAGE CONTAINERS.
  1.  BEGINNING  DECEMBER  FIRST, TWO THOUSAND FIFTEEN, NO PERSON, FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY LIQUID, FOOD OR BEVERAGE IN  A  CAN,  JAR  OR
OTHER  CONTAINER  CONTAINING BISPHENOL A IF THE LIQUID, FOOD OR BEVERAGE
IS DESIGNED OR INTENDED PRIMARILY  FOR  CONSUMPTION  BY  CHILDREN  THREE
YEARS OF AGE OR YOUNGER.
  2.  A  MANUFACTURER  OF A PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
SUBDIVISION ONE OF THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR  WAIVER
OF  THE  REQUIREMENTS OF SUCH SUBDIVISION FOR A PERIOD OF ONE YEAR, UPON
PROOF THAT THERE ARE NO AVAILABLE ALTERNATIVES TO  BISPHENOL  A  IN  THE
MANUFACTURE  OF  THE  CAN, JAR OR OTHER CONTAINER THAT IS SUBJECT TO THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.  AFTER  THE  GRANTING  OF
SUCH  A  WAIVER TO A MANUFACTURER, IT MAY THEREAFTER APPLY FOR ONE ADDI-
TIONAL ONE YEAR WAIVER.
S 37-0509. ALTERNATIVES TO BISPHENOL A.
  1. A MANUFACTURER OF A PRODUCT PROHIBITED TO BE SOLD  OR  OFFERED  FOR
SALE PURSUANT TO THIS TITLE SHALL:
  A.  NOT  REPLACE  BISPHENOL  A WITH ANOTHER CHEMICAL COMPOUND THAT HAS
BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS  CLAS-
SIFIED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
MENTAL TOXIN, AN ENDOCRINE DISRUPTER OR A REPRODUCTIVE TOXIN;
  B. USE THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND  TO  REPLACE
BISPHENOL A;
  C.  PROVIDE,  TO THE DEPARTMENT PRIOR TO THE MANUFACTURE OF SUCH PROD-
UCT, INFORMATION ON SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND; AND
  D. NOT MANUFACTURE SUCH PRODUCT UNTIL THE DEPARTMENT SHALL HAVE CERTI-
FIED SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHENOL
A.
  2. EVERY LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE  BISPHE-
NOL A CERTIFIED BY THE DEPARTMENT SHALL:
  A. BE THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
  B.  NOT BE A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, A  DEVELOPMENTAL  TOXIN,  AN  ENDOCRINE
DISRUPTER OR A REPRODUCTIVE TOXIN.
  3.  THE  DEPARTMENT  SHALL REGULARLY UPDATE ITS LISTING OF LEAST TOXIC
CHEMICAL COMPOUNDS CERTIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
AND PROVIDE SUCH UPDATED LISTINGS TO MANUFACTURERS TO WHICH  SUBDIVISION
ONE OF THIS SECTION APPLIES.
  S 4. This act shall take effect immediately.

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