senate Bill S4614A

2013-2014 Legislative Session

Relates to regulation of toxic chemicals in children's products

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

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Jun 13, 2014 print number 4614a
amend and recommit to finance
Jun 03, 2014 reported and committed to finance
Jan 08, 2014 referred to environmental conservation
Apr 15, 2013 referred to environmental conservation

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S4614 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §§37-0901 - 37-0915, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3141A
2009-2010: A10089B

S4614 - 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:S4614

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:

Section 1 of Article 37 of the environmental conservation law is
amended by adding a new title 9, which defines children as "a person
or persons aged twelve and under"; defines "children's product" as "a
product primarily intended for, made for or marketed for use by
children, such as baby products, toys, car seats, personal care
products, a product designed or intended by the manufacturer to help a
child with teething, to facilitate sleep, relaxation, or the feeding
of a child, novelty products, bedding, furniture, furnishings, and
children's apparel;" defines priority chemical as "a chemical on the
list stated in this legislation, or determined by DEC that shall not
be permitted after 2018;" requires the Department of Environmental
Conservation to post lists of priority chemicals and chemicals of high
concern on the department's website within one-hundred and eighty days
of the effective date of this title;

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;
permits designation of a priority chemical if such chemical is:

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

Requires manufacturers of children's products that contain an
intentionally-added priority chemical, to report to the Department the
following information:

*the identification of the product,
*the name of the priority chemical, and
*the intended purpose of the chemicals

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

Requires a manufacturer or distributor of a children's product
containing a priority chemical to notify retailers of the Presence of
such priority chemical, and provide information regarding the toxicity
of such chemical;


Requires the manufacturer to pay a fee of $600 for chemical
reports,and use or waiver requests;

Prohibits the sale, effective January 2018, of a children's product
containing a priority chemical; specifies; and,

Authorizes DEC to participate in an interstate chemical clearing house

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 slates 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:

A. 3141-A of 2012 - Passed Assembly
A.10089-B of 2010 - Reported to Ways and Means

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
________________________________________________________________________

                                  4614

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 15, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 9 to read as follows:
                                TITLE IX
                 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0901. DEFINITIONS.
        37-0903. PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN.
        37-0905. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
        37-0907. SALES PROHIBITION.
        37-0909. APPLICABILITY.
        37-0911. ENFORCEMENT AND IMPLEMENTATION.
        37-0913. INTERSTATE CHEMICAL CLEARINGHOUSE.
        37-0915. 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04204-03-3

S. 4614                             2

  3. "CHEMICALS OF HIGH CONCERN" MEANS: (A) CHEMICALS  INCLUDED  IN  THE
LIST  OF  "CHEMICALS  OF  HIGH  CONCERN"  PUBLISHED IN TWO THOUSAND NINE
PURSUANT TO CHAPTER SIXTEEN-D OF TITLE 38 OF THE MAINE REVISED  STATUTES
ANNOTATED;  OR  (B)  A  CHEMICAL  ADOPTED  BY THE DEPARTMENT PURSUANT TO
SECTION 37-0903 OF THIS TITLE.
  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, SUCH AS 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  CHIL-
DREN'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 DISTRIBU-
TOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO  CURRENTLY  MANUFACTURES
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:
  CASRN13674-87-8   TRIS (1, 3 DICHLORO-2-PROPYL) 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)
                    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  37-0903
OF THIS TITLE.

S. 4614                             3

  11.  "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER TO
BE USED BY A CHILD AT PLAY.
S 37-0903. PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE  OF  THIS TITLE, THE DEPARTMENT SHALL POST LISTS OF PRIORITY CHEMI-
CALS AND CHEMICALS OF HIGH CONCERN ON THE DEPARTMENT'S WEBSITE.
  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
CHEMICALS  OF HIGH CONCERN OR REMOVE A CHEMICAL FROM SUCH LISTS 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.
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.
  (D)  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE DEPARTMENT OF HEALTH
SHALL IDENTIFY A CHEMICAL AS A CHEMICAL OF HIGH CONCERN IF, UPON REVIEW,
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.
  (E) 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:

S. 4614                             4

  (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
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, AUTHORISATION AND RESTRICTION OF CHEMICALS.
S 37-0905. 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
37-0903 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.  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.

S. 4614                             5

  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  OF  A  CHILDREN'S PRODUCT
CONTAINING A PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER THE CHIL-
DREN'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 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 DEPART-
MENT'S  REASONABLE COSTS IN THE AMOUNT OF SIX HUNDRED DOLLARS PER CHEMI-
CAL.
S 37-0907. SALES PROHIBITION.
  EFFECTIVE JANUARY 1, 2018, 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 37-0909. 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 NOTIFICATION PURSUANT TO SUBDIVISION THREE OF
SECTION 37-0905 OF THIS TITLE.
S 37-0911. 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 HAS PROVIDED THE NOTIFICATION
REQUIRED UNDER SECTION 37-0905 OF THIS TITLE BY  THE  DATE  REQUIRED  IN

S. 4614                             6

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 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 OF THE CHILDREN'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 STATE-
MENT 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  37-0905  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 37-0913. 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 37-0905 OF THIS TITLE.
S 37-0915. 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.

Co-Sponsors

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S4614A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §§37-0901 - 37-0915, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3141A
2009-2010: A10089B

S4614A (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:S4614A REVISED 6/13/14

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

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:

Section 1 of Article 37 of the environmental conservation law is
amended by adding a new title 9, relating to toxic chemicals in
children's products.

Section 37-0901. Definitions.

"Children's Products" means a product primarily intended for, made for
or marketed for use by children, such as 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, and children's bedding,
furniture, furnishing, and apparel.

"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,
appearance or quality.

"Product category" means the "brick" level of the GS1 global product
classifications (GPC) standard, which identifies products that serve a
common purpose, are of a similar form and material, and share the same
set of category attributes.

Section 37-0903. Priority chemicals and chemicals of high concern.

1. Requires the department to post lists of priority chemicals and
chemicals of high concern on the department's website within 180 days
of the effective date. 2, Periodic review.(a) The department, in
consultation with the department of health, may periodically review
the list of priority chemicals and, through regulation, add or remove
priority chemicals or chemicals of high concern from such lists. Such
review will not take place more frequently than every three years, and
not more than ten chemicals may be added per review period. (b) Limits
DEC authority to deem a chemical a priority only if it is both present
in a children's product and meets any of the other criteria. (c) If a
chemical is removed from the listing of chemicals of high concern, it
shall also be undesignated as a priority chemical. (d) The department,
in consultation with the department of health, shall identify a
chemical as a chemical of high concern if, upon review, it determines
that the chemical has been identified by a state, federal or
international governmental entity as a carcinogen, reproductive or
developmental toxicant or endocrine disruptor; persistent,
bioaccumulative and toxic; very persistent and very bioaccumulative,
on the basis of credible scientific evidence.


Section 37-0905. Disclosure of information on priority chemicals. 1.
Reporting of chemical use. No later than twelve months after a
priority chemical appears on the list published pursuant to section
37-0903 of this title, every manufacturer who offers a children's
product for sale or distribution in this state that contains an
intentionally added priority chemical shall report such chemical use
to the department. The department may collaborate with other states
and an interstate chemicals clearinghouse in developing such form. 2.
Lists conditions for waiver of reporting. 3. Notice to retailers.
Requires manufacturers to give notice to retailers that offer the
children's product for sale or distribution in the state. 4. Fees.
The manufacturer 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 three hundred dollars
per reported product category.

37-0907. Sales prohibition. Effective January 1, 2018, no person shall
distribute, sell or offer for sale in this state a children's product
containing tris (1, 3 dichloro-2-propyl) phosphate, benzene, lead and
compounds (inorganic), mercury and mercury compounds including methyl
mercury, antimony and antimony compounds, arsenic and arsenic
compounds including arsenic trioxide and dimethyl arsenic, cadmium,
and cobalt and cobalt compounds. 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 commissioner's
judgment, the lack of availability of the children's product could
pose an unreasonable risk to public health, safety or welfare.
Legislature retains sole authority to restrict priority chemicals in
the future.

37-0909. Applicability.

1. Applies regulations to used children's products that are 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. Regulations shall
not apply to priority chemicals used in or for industry or
manufacturing, including chemicals processed or otherwise used in or
for industrial or manufacturing processes and not included in the
final product. 3. Regulations shall not apply to motor vehicle or
their component parts (except car seats), watercraft, all terrain
vehicles, or off highway motorcycles. 4. Regulations shall not apply
to priority chemicals generated solely as combustion byproducts or
that are present in combustible fuels. 5. Exemptions for manufacturing
businesses that employ five or fewer employees, are resident in the
state, independently owned and operated, and not dominant in their
field. 6. Retailers. A retailer is exempt from 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 notification.

37-0911. Enforcement and implementation.

1. A children's product containing a priority chemical may not be
sold, offered for sale or distributed for sale in this state unless


the manufacturer has provided the notification required under section
37-0905. 2. The department may request the manufacturer of the
children's product to provide a statement of compliance on a form
provided by the department, within 10 days of receipt of the request
from the department.

37-0913. Interstate chemical clearinghouse.

1. The department is authorized to participate in an interstate
chemical clearinghouse and shall work in collaboration with other
states.

37-0915. Regulations. The department may adopt any rules and
regulations it deems necessary to implement the provisions of this
title.

Section 2. Effective Date - 120 days after it shall have become a law.

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, and
equally-toxic, less well-regulated chemicals can be chosen as
replacements. Several other states, including Washington, California,
Vermont 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: A. 6328 of 2014 - Passed Assembly A. 6328
of 2013 - Passed Assembly A. 3141-A of 2012 - Passed Assembly
A.10089-B of 2010 - Reported to Ways and Means

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal
implications to the state as the interstate chemical clearing house is
already state funded, and the small fee covers implementation costs.

EFFECTIVE DATE: This act shall take effect on the 120th day after it
shall have become a law.

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

                                 4614--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 15, 2013
                               ___________

Introduced  by  Sens.  BOYLE,  ADDABBO, AVELLA, BALL, BRESLIN, CARLUCCI,
  DIAZ, DILAN, ESPAILLAT, GIANARIS,  GIPSON,  GOLDEN,  HASSELL-THOMPSON,
  HOYLMAN,  KENNEDY,  KLEIN,  KRUEGER, LANZA, LATIMER, LAVALLE, MARTINS,
  MONTGOMERY, O'BRIEN, PARKER, PERALTA, PERKINS, RIVERA,  ROBACH,  SAMP-
  SON,  SANDERS,  SAVINO,  SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS,
  TKACZYK, VALESKY, YOUNG -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Environmental Conservation
  --  recommitted  to  the  Committee  on  Environmental Conservation in
  accordance with Senate Rule 6, sec. 8 -- committee discharged and said
  bill committed to the Committee on Finance  --  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. PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN.
        37-0905. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
        37-0907. SALES PROHIBITION.
        37-0909. APPLICABILITY.
        37-0911. ENFORCEMENT AND IMPLEMENTATION.
        37-0913. INTERSTATE CHEMICAL CLEARINGHOUSE.
        37-0915. REGULATIONS.
S 37-0901. DEFINITIONS.
  AS  USED  IN  THIS  TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04204-04-4

S. 4614--A                          2

  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
PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
DEGRADATION OR METABOLISM.
  3. "CHEMICALS OF HIGH CONCERN" MEANS: (A) CHEMICALS  INCLUDED  IN  THE
LIST  OF  "CHEMICALS  OF  HIGH  CONCERN"  PUBLISHED IN TWO THOUSAND NINE
PURSUANT TO CHAPTER SIXTEEN-D OF TITLE 38 OF THE MAINE REVISED  STATUTES
ANNOTATED;  OR  (B)  A  CHEMICAL  ADOPTED  BY THE DEPARTMENT PURSUANT TO
SECTION 37-0903 OF THIS TITLE.
  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, SUCH AS 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,  AND  CHILDREN'S  BEDDING,
FURNITURE,  FURNISHINGS,  AND  APPAREL.    "CHILDREN'S PRODUCT" DOES NOT
INCLUDE (A) BATTERIES; OR (B) CONSUMER ELECTRONIC PRODUCTS INCLUDING BUT
NOT LIMITED TO PERSONAL COMPUTERS, AUDIO AND VIDEO  EQUIPMENT,  CALCULA-
TORS, 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.  CHIL-
DREN'S PRODUCT ALSO DOES NOT INCLUDE A DRUG, BIOLOGIC OR MEDICAL  DEVICE
REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
  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 CHIL-
DREN'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 DISTRIBU-
TOR  OF  THE CHILDREN'S PRODUCT IF THE PERSON WHO CURRENTLY MANUFACTURES
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.  "PRODUCT CATEGORY" MEANS THE "BRICK" LEVEL OF THE GS1 GLOBAL PROD-
UCT  CLASSIFICATION (GPC) STANDARD, WHICH IDENTIFIES PRODUCTS THAT SERVE
A COMMON PURPOSE, ARE OF A SIMILAR FORM AND MATERIAL, AND SHARE THE SAME
SET OF CATEGORY ATTRIBUTES.
  10. "PRIORITY CHEMICAL" MEANS (A) THE FOLLOWING CHEMICALS:
  CASRN13674-87-8   TRIS (1, 3 DICHLORO-2-PROPYL) 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. 4614--A                          3

  CASRN7440-38-2    ARSENIC AND ARSENIC COMPOUNDS INCLUDING ARSENIC
                    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 37-0903
OF THIS TITLE.
  11. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER  TO
BE USED BY CHILDREN AT PLAY.
S 37-0903. PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN.
  1.  PUBLISHING  OF LISTS. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
TIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL  POST  LISTS  OF  PRIORITY
CHEMICALS AND CHEMICALS OF HIGH CONCERN ON THE DEPARTMENT'S WEBSITE.
  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, ADD OR REMOVE PRIORITY CHEMICALS OR CHEM-
ICALS OF HIGH CONCERN FROM SUCH LISTS.  SUCH REVIEW WILL NOT TAKE  PLACE
MORE  FREQUENTLY THAN EVERY THREE YEARS, AND NOT MORE THAN TEN CHEMICALS
MAY BE ADDED PER REVIEW PERIOD.
  (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 IS PRESENT IN A CHILDREN'S
PRODUCT AND MEETS ANY OF THE FOLLOWING CRITERIA:
  (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND  THROUGH  BIOMONI-
TORING TO BE PRESENT IN HUMANS;
  (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; OR
  (IV) THE SALE OR USE OF THE CHEMICAL OR A CHILDREN'S PRODUCT  CONTAIN-
ING  THE  CHEMICAL 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.
  (D)  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE DEPARTMENT OF HEALTH
SHALL IDENTIFY A CHEMICAL AS A CHEMICAL OF HIGH CONCERN IF, UPON REVIEW,
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.
S 37-0905. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
  1. REPORTING OF CHEMICAL USE. NO LATER  THAN  TWELVE  MONTHS  AFTER  A
PRIORITY  CHEMICAL  APPEARS  ON  THE  LIST PUBLISHED PURSUANT TO SECTION
37-0903 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.  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
CATEGORY, THE PRIORITY CHEMICAL OR CHEMICALS CONTAINED IN THE CHILDREN'S
PRODUCT CATEGORY, AND THE INTENDED PURPOSE OF THE CHEMICALS IN THE CHIL-

S. 4614--A                          4

DREN'S  PRODUCT CATEGORY.   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  CATEGORY,  EXPRESSED IN A RANGE.  WHEN THE CHEMICAL IS USED IN MORE
THAN ONE PRODUCT WITHIN A PRODUCT CATEGORY, THE HIGHEST AMOUNT  MUST  BE
REPORTED;
  (III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
FROM THE CHILDREN'S PRODUCT CATEGORY TO THE ENVIRONMENT DURING THE PROD-
UCT  CATEGORY'S  LIFE CYCLE AND THE EXTENT TO WHICH USERS OF THE PRODUCT
CATEGORY 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  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  OF  A  CHILDREN'S PRODUCT
CONTAINING A PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER THE CHIL-
DREN'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 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 DEPART-
MENT'S  REASONABLE  COSTS  IN  THE  AMOUNT  OF THREE HUNDRED DOLLARS PER
REPORTED PRODUCT CATEGORY.
S 37-0907. SALES PROHIBITION.
  EFFECTIVE JANUARY 1, 2018, NO PERSON SHALL DISTRIBUTE, SELL  OR  OFFER
FOR  SALE  IN  THIS  STATE  A  CHILDREN'S  PRODUCT CONTAINING TRIS (1, 3
DICHLORO-2-PROPYL) PHOSPHATE, BENZENE, LEAD AND  COMPOUNDS  (INORGANIC),
MERCURY  AND  MERCURY  COMPOUNDS  INCLUDING METHYL MERCURY, ANTIMONY AND
ANTIMONY COMPOUNDS, ARSENIC  AND  ARSENIC  COMPOUNDS  INCLUDING  ARSENIC
TRIOXIDE AND DIMETHYL ARSENIC, CADMIUM, AND COBALT AND COBALT COMPOUNDS.
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 COMMISSIONER'S JUDGMENT, THE  LACK  OF  AVAILABILITY  OF  THE
CHILDREN'S  PRODUCT  COULD  POSE  AN UNREASONABLE RISK TO PUBLIC HEALTH,
SAFETY OR WELFARE.
S 37-0909. 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-

S. 4614--A                          5

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. EXCEPTIONS. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO CHIL-
DREN'S PRODUCT MAKERS THAT EMPLOY FIVE PERSONS OR FEWER, ARE RESIDENT IN
THIS  STATE, INDEPENDENTLY OWNED AND OPERATED, AND NOT DOMINANT IN THEIR
FIELD.
  6. 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 NOTIFICATION PURSUANT TO SUBDIVISION THREE OF
SECTION 37-0905 OF THIS TITLE.
S 37-0911. 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 HAS PROVIDED THE NOTIFICATION
REQUIRED UNDER SECTION 37-0905 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 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 OF THE CHILDREN'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  STATE-
MENT 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 37-0905 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 37-0913. 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. 4614--A                          6

  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 37-0905 OF THIS TITLE.
S 37-0915. 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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