senate Bill S4709A

2013-2014 Legislative Session

Prohibits the manufacture, sale or distribution of business transaction paper 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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2014 reported and committed to finance
Jan 08, 2014 referred to environmental conservation
Jun 21, 2013 committed to rules
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
amended (t) 4709a
May 30, 2013 1st report cal.817
Apr 18, 2013 referred to environmental conservation

Votes

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Jun 3, 2014 - Environmental Conservation committee Vote

S4709A
10
1
committee
10
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Jun 3, 2014

nay (1)
aye wr (2)

May 30, 2013 - Environmental Conservation committee Vote

S4709
9
1
committee
9
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 30, 2013

nay (1)
aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4709 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0513, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A212B, S4532
2009-2010: A11697

S4709 - Bill Texts

view summary

Prohibits the manufacture, sale or distribution of business transaction paper containing bisphenol A.

view sponsor memo
BILL NUMBER:S4709

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the sale of thermal receipt paper containing
bisphenol A

PURPOSE: To expand the provisions of current New York State law to
prohibit the distribution and use of thermal receipt paper containing
bisphenol A for the recording of any business transaction.

SUMMARY OF PROVISIONS: The bill prohibits any person, firm,
partner-ship, association, limited liability company or corporation
from manufacturing, selling, offering for sale of distributing any
thermal receipt paper containing BPA after October 1, 2015. If the
USEPA does not identify safe, commercially available alternatives to
BPA, then no person may shall manufacture, sell, offer for sale of
distribute such paper after July 1, 2017.

JUSTIFICATION: Recently the NYS Governor signed legislation that would
prohibit the use of BPA in child care products, including sippy cups,
baby bottles and straws intended for use by a child under the age of
three. BPA is an estrogen-mimicking endocrine disrupting chemical that
has been found to be toxic at low doses and is linked to breast
cancer, early onset of puberty, obesity ad prostate cancer Very small
amounts of hormones can produce immense biological behavioral changes.

BPA has been used in carbonless copy paper (e.g. credit card receipts)
and thermal imaging papers for many years. A powdery layer of BPA is
coated onto a piece of paper along with invisible ink which merge and
provide "color" when subject to heat or pressure. The Warner Babcock
Institute for Green Chemistry, co-founded by organic chemist John C.
Warner, has been testing cash register receipts and has found an
alarming amount to BPA on these receipts. The average receipt using
the BPA technology was found to contain 60 - 100 milligrams of free
BPA, which is a thousand times above levels leaching from
polycarbonate bottles. Free BPA is not bound into a polymer, but just
individual molecules lose and available for uptake. The paper has been
published on July 28th in the peer-reviewed journal "Green Chemistry
Letters and Reviews".

The Environmental Work Group (EWG) in Washington DC had a testing
program conducted by the Missouri Division of Biological Sciences
laboratory on receipts from major retailers, including Wal-Mart,
Safeway, McDonalds, the U.S, Postal Service, and Bank of America ATMs.
The laboratory found that the total mass of BPA on a receipt is from
250 to 1,000 times the amount of BPA typically found in a can of food
or a can of baby formula. Forty percent of 36 printed receipts
collected from fast food restaurants, big retailers, grocery stores,
gas stations and post offices in seven states and the District of
Columbia contained BPA.

Bio-monitoring surveys by the federal Centers far Disease Control and
Prevention has found BPA in the bodies of 93% of Americans over the
age of 6. The EWG analysis of the CDC data found that people who
reported working in retail industries had 30 percent more BPA in their
bodies than the average U.S. adult and 34% had more BPA than other
workers. As of May 2009, 1 in 17 working Americans - 7 million people


were employed as retail salespersons and cashiers, according to the
Bureau of Labor Statistics. The nation's largest manufacturer of
thermal paper, Appleton Papers in Wisconsin, stopped using BPA in 2006
because of a growing concern about the safety of the chemical.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: 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
________________________________________________________________________

                                  4709

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting the sale of thermal receipt paper containing bisphenol A

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 37-0513 to read as follows:
S 37-0513. THERMAL RECEIPT PAPER.
  1.  FOR THE PURPOSES OF THIS SECTION, "THERMAL RECEIPT PAPER" OR "CASH
REGISTER RECEIPT PAPER" MEANS ANY PAPER THAT IS  USED  BY  A  COMMERCIAL
ENTITY  TO  ISSUE  A MECHANICALLY PRODUCED RECORD OF A COMMERCIAL TRANS-
ACTION.
  2. ON AND AFTER OCTOBER 1, 2015 NO  PERSON  SHALL  MANUFACTURE,  SELL,
OFFER  FOR SALE OR DISTRIBUTE ANY THERMAL RECEIPT PAPER OR CASH REGISTER
RECEIPT PAPER THAT CONTAINS BISPHENOL A.
  3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
IF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DOES NOT IDENTIFY A
SAFE,  COMMERCIALLY  AVAILABLE  ALTERNATIVE TO THE USE OF BISPHENOL A IN
THERMAL RECEIPT PAPER OR CASH REGISTER RECEIPT PAPER ON OR  BEFORE  JUNE
30,  2015, NO PERSON SHALL MANUFACTURE, SELL, OFFER FOR SALE OR DISTRIB-
UTE ANY THERMAL RECEIPT  PAPER  OR  CASH  REGISTER  RECEIPT  PAPER  THAT
CONTAINS BISPHENOL A ON AND AFTER JULY 1, 2017.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10460-01-3

Co-Sponsors

S4709A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0513, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A212B, S4532
2009-2010: A11697

S4709A (ACTIVE) - Bill Texts

view summary

Prohibits the manufacture, sale or distribution of business transaction paper containing bisphenol A.

view sponsor memo
BILL NUMBER:S4709A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the sale of thermal receipt paper containing
bisphenol A and reserving jurisdiction in matters pertaining to such
paper for the state

PURPOSE:

To expand the provisions of current New York State law to prohibit the
distribution and use of thermal receipt paper containing bisphenol A
for the recording of any business transaction.

SUMMARY OF PROVISIONS:

The bill prohibits any person, firm, partnership, association, limited
liability company or corporation from manufacturing, selling, offering
for sale of distributing any thermal receipt paper containing BPA
after October 1, 2015. If the USEPA does not identify safe,
commercially available alternatives to BPA, then no person may shall
manufacture, sell, offer for sale of distribute such paper after July
1, 2017.

Section 4 preempts any local law or ordinance, or any rule or
regulation promulgated governing receipt paper containing bisphenol A
vesting all jurisdiction in these matter exclusively with the State.

JUSTIFICATION:

Recently the NYS Governor signed legislation that would prohibit the
use of BPA in child care products, including sippy cups, baby bottles
and straws intended for use by a child under the age of three. BPA is
an estrogen-mimicking endocrine disrupting chemical that has been
found to be toxic at low doses and is linked to breast cancer, early
onset of puberty, obesity ad prostate cancer. Very small amounts of
hormones can produce immense biological behavioral changes.

BPA has been used in carbonless copy paper (e.g. credit card receipts)
and thermal imaging papers for many years. A powdery layer of BPA is
coated onto a piece of paper along with invisible ink which merge and
provide "color" when subject to heat or pressure. The Warner Babcock
Institute for Green Chemistry, co-founded by organic chemist John C.
Warner, has been testing cash register receipts and has found an
alarming amount to BPA on these receipts. The average receipt using
the BPA technology was found to contain 60-100 milligrams of free BPA,
which is a thousand times above levels leaching from polycarbonate
bottles. Free BPA is not bound into a polymer, but just individual
molecules lose and available for uptake. The paper has been published
on July 28th in the peer-reviewed journal "Green Chemistry Letters and
Reviews".

The Environmental Work Group (EWG) in Washington DC had a testing
program conducted by the Missouri Division of Biological Sciences
laboratory on receipts from major retailers, including Wal-Mart,
Safeway, McDonalds, the U.S. Postal Service, and Bank of America ATMs.
The laboratory found that the total mass of BPA on a receipt is from
250 to 1,000 times the amount of BPA typically found in a can of food


or a can of baby formula. Forty percent of 36 printed receipts
collected from fast food restaurants, big retailers, grocery stores,
gas stations and post offices in seven states and the District of
Columbia contained BPA.

Bio-monitoring surveys by the federal Centers far Disease Control and
Prevention has found BPA in the bodies of 93% of Americans over the
age of 6. The EWG analysis of the CDC data found that people who
reported working in retail industries had 30 percent more BPA in their
bodies than the average U.S. adult and 34% had more BPA than other
workers. As of May 2009, I in 17 working Americans - 7 million people
were employed as retail salespersons and cashiers, according to the
Bureau of Labor Statistics. The nation's largest manufacturer of
thermal paper, Appleton Papers in Wisconsin, stopped using BPA in 2006
because of a growing concern about the safety of the chemical.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

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
________________________________________________________________________

                                 4709--A
    Cal. No. 817

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sens.  MARCELLINO,  AVELLA,  GRISANTI  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  sale of thermal receipt paper containing bisphenol A
  and reserving jurisdiction in matters pertaining to such paper for the
  state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0513 to read as follows:
S 37-0513. THERMAL RECEIPT PAPER.
  1. FOR THE PURPOSES OF THIS SECTION, "THERMAL RECEIPT PAPER" OR  "CASH
REGISTER  RECEIPT  PAPER"  MEANS  ANY PAPER THAT IS USED BY A COMMERCIAL
ENTITY TO ISSUE A MECHANICALLY PRODUCED RECORD OF  A  COMMERCIAL  TRANS-
ACTION.
  2.  ON  AND  AFTER  OCTOBER 1, 2015 NO PERSON SHALL MANUFACTURE, SELL,
OFFER FOR SALE OR DISTRIBUTE ANY THERMAL RECEIPT PAPER OR CASH  REGISTER
RECEIPT PAPER THAT CONTAINS BISPHENOL A.
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
IF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DOES NOT IDENTIFY A
SAFE, COMMERCIALLY AVAILABLE ALTERNATIVE TO THE USE OF  BISPHENOL  A  IN
THERMAL  RECEIPT  PAPER OR CASH REGISTER RECEIPT PAPER ON OR BEFORE JUNE
30, 2015, NO PERSON SHALL MANUFACTURE, SELL, OFFER FOR SALE OR  DISTRIB-
UTE  ANY  THERMAL  RECEIPT  PAPER  OR  CASH  REGISTER RECEIPT PAPER THAT
CONTAINS BISPHENOL A ON AND AFTER JULY 1, 2017.
  4. JURISDICTION IN ALL MATTERS PERTAINING TO RECEIPT PAPER  CONTAINING
BISPHENOL  A IS HEREBY VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10460-02-3

S. 4709--A                          2

ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERE-
TO, GOVERNING RECEIPT PAPER  CONTAINING  BISPHENOL  A  SHALL,  UPON  THE
EFFECTIVE DATE OF THIS SECTION, BE PREEMPTED.
  S 2. This act shall take effect immediately.

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