senate Bill S6415C

2013-2014 Legislative Session

Relates to banning formaldehyde in certain children's products

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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 17, 2014 print number 6415c
amend and recommit to health
May 28, 2014 print number 6415b
amend and recommit to health
Mar 10, 2014 print number 6415a
amend (t) and recommit to health
Jan 22, 2014 referred to health

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S6415 - Bill Details

See Assembly Version of this Bill:
A8886B
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §37-0901, En Con L

S6415 - Bill Texts

view summary

Relates to banning formaldehyde in certain children's products.

view sponsor memo
BILL NUMBER:S6415

TITLE OF BILL: An act to amend the public health law, in relation to
banning formaldehyde in certain children's products

PURPOSE:

This bill bans children's products that contain formaldehyde or
formaldehyde replacement chemicals from being sold on or after January
1, 2016.

SUMMARY OF PROVISIONS:

This bill creates a new section 2507 to the public health law.

Section 1 of the bill defines terms used in the bill.

Section 2 sets forth the parameters of the ban of formaldehyde in
certain children's products.

Section 3 establishes that a manufacturer cannot replace formaldehyde
with an equally dangerous chemical.

JUSTIFICATION:

Formaldehyde was added to the list of human carcinogens by the U.S.
Department of Health and Human Services in 2011. It continues to be
used in many household products, including those intended to be used
by children.

A 2011 report by Washington Toxins Coalition and Safer States
showcased the frequency in which formaldehyde was found in children's
blankets, clothing, and toys even though it has been classified as a
severe developmental toxin and in the worst category for
carcinogenicity. Children are more susceptible to the dangers of
formaldehyde which can cause serious nervous system damage and asthma.

This bill would ban children"s products from being sold after January
1, 2016.

LEGISLATIVE HISTORY:

This is a new bill.

EFFECTIVE DATE:

This section shall take effect January 1, 2015.

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

                                  6415

                            I N  S E N A T E

                            January 22, 2014
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to banning formaldeh-
  yde in certain children's products

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

  Section  1.  The  public health law is amended by adding a new section
2507 to read as follows:
  S 2507. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS. 1.  DEFI-
NITIONS. "CHILDREN'S PRODUCT" MEANS  A  PRODUCT  PRIMARILY  DESIGNED  OR
INTENDED  BY  A  MANUFACTURER  TO BE PHYSICALLY APPLIED TO OR INTRODUCED
INTO A CHILD'S BODY, INCLUDING ANY ARTICLE USED AS A COMPONENT OF SUCH A
PRODUCT AND EXCLUDING A FOOD, BEVERAGE, DIETARY  SUPPLEMENT,  PHARMACEU-
TICAL  PRODUCT OR BIOLOGIC, CHILDREN'S TOYS THAT ARE COVERED BY THE ASTM
INTERNATIONAL F963 STANDARD FOR TOY  SAFETY,  OR  A  MEDICAL  DEVICE  AS
DEFINED  IN  THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 USC 321(H), AS
AMENDED THROUGH FEBRUARY FIFTEENTH, TWO THOUSAND THIRTEEN.
  2. FORMALDEHYDE IN CHILDREN'S PRODUCTS;  BAN.  (A)  BEGINNING  JANUARY
FIRST,  TWO  THOUSAND FIFTEEN, NO MANUFACTURER OR WHOLESALER MAY SELL OR
OFFER FOR SALE IN THIS STATE A  CHILDREN'S  PRODUCT  THAT  INTENTIONALLY
CONTAINS:
  (I) FORMALDEHYDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (II)  INGREDIENTS  THAT  CHEMICALLY DEGRADE UNDER NORMAL CONDITIONS OF
TEMPERATURE AND PRESSURE TO RELEASE FORMALDEHYDE.
  (B) BEGINNING JANUARY FIRST, TWO THOUSAND  SIXTEEN,  NO  RETAILER  MAY
SELL  OR  OFFER  FOR SALE IN THIS STATE A CHILDREN'S PRODUCT THAT INTEN-
TIONALLY CONTAINS:
  (I) FORMALDEHYDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (II) INGREDIENTS THAT CHEMICALLY DEGRADE UNDER  NORMAL  CONDITIONS  OF
TEMPERATURE AND PRESSURE TO RELEASE FORMALDEHYDE.
  3.  FORMALDEHYDE  REPLACEMENT  CHEMICALS.  A  MANUFACTURER  SHALL  NOT
REPLACE A CHEMICAL WHOSE USE IS PROHIBITED IN SUBDIVISION  TWO  OF  THIS
SECTION  WITH  A CHEMICAL KNOWN TO THE MANUFACTURER TO HAVE BEEN IDENTI-
FIED ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE BY A  STATE,  FEDERAL,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13324-04-4

S. 6415                             2

OR  INTERNATIONAL  AGENCY AS BEING KNOWN OR SUSPECTED WITH A HIGH DEGREE
OF PROBABILITY TO:
  (A)  HARM  THE  NORMAL  DEVELOPMENT OF A FETUS OR CHILD OR CAUSE OTHER
DEVELOPMENTAL TOXICITY;
  (B) CAUSE CANCER, GENETIC DAMAGE, OR REPRODUCTIVE HARM;
  (C) DISRUPT THE ENDOCRINE OR HORMONE SYSTEM; OR
  (D) DAMAGE THE NERVOUS SYSTEM, IMMUNE  SYSTEM,  OR  ORGANS,  OR  CAUSE
OTHER SYSTEMIC TOXICITY.
  S 2. This act shall take effect January 1, 2015.

S6415A - Bill Details

See Assembly Version of this Bill:
A8886B
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §37-0901, En Con L

S6415A - Bill Texts

view summary

Relates to banning formaldehyde in certain children's products.

view sponsor memo
BILL NUMBER:S6415A REVISED MEMO 05/28/2014

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to banning formaldehyde in certain children's products

PURPOSE:

This bill bans the sale of children's products that contain
formaldehyde.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Article 37 of the environmental
conservation law by adding a new title 9, and by adding Section
37-0901.

Section 1 of Section 37-0901 defines terms used in the bill. For the
purposes of this bill, children are defined as those aged 12 and
under.

Section 2 of Section 37-0901 sets forth the parameters of the ban of
children's products containing formaldehyde, prohibiting retailers
from selling a children's product that intentionally contains
formaldehyde or ingredients that chemically degrade to release
formaldehyde, beginning January 1, 2016.

Section 2 of the bill establishes the effective date.

JUSTIFICATION:

Formaldehyde was added to the list of human carcinogens by the U.S.
Department of Health and Human Services in 2011. Notwithstanding this,
it continues to be used in many household products, including those
intended for children.

A 2011 report by Washington Toxins Coalition and Safer States
showcased the frequency with which formaldehyde was found in
children's blankets, clothing, and toys even though it has been
classified as a severe developmental toxin and in the worst category
for carcinogenicity. Children are more susceptible to the dangers of
formaldehyde which can cause serious nervous system damage and asthma.

In addition, formaldehyde is an environmental pollutant. A 2010 report
by the National Toxicology Program showed that formaldehyde is present
in indoor and outdoor air, soil, food, treated and untreated drinking
water, surface water and groundwater. One of the major sources of
airborne formaldehyde is off-gassing from consumer goods.

LEGISLATIVE HISTORY:

This is a new bill.

EFFECTIVE DATE:

This act shall take effect January 1, 2015.


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

                                 6415--A

                            I N  S E N A T E

                            January 22, 2014
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  banning formaldehyde in certain 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
                        FORMALDEHYDE PROHIBITION
SECTION 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
S 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
  1.  DEFINITIONS.  (A)  "CHILDREN'S  PRODUCT" MEANS A PRODUCT PRIMARILY
DESIGNED, INTENDED OR  MARKETED  BY  A  MANUFACTURER  TO  BE  PHYSICALLY
APPLIED TO OR INTRODUCED INTO A CHILD'S BODY, INCLUDING ANY ARTICLE USED
AS A COMPONENT OF SUCH A PRODUCT AND EXCLUDING A FOOD, BEVERAGE, DIETARY
SUPPLEMENT, PHARMACEUTICAL PRODUCT OR BIOLOGIC, CHILDREN'S TOYS THAT ARE
COVERED  BY  THE  ASTM  INTERNATIONAL F963 STANDARD FOR TOY SAFETY, OR A
MEDICAL DEVICE AS DEFINED IN THE FEDERAL FOOD, DRUG, AND  COSMETIC  ACT,
21 USC 321(H), AS AMENDED THROUGH FEBRUARY FIFTEENTH, TWO THOUSAND THIR-
TEEN.
  (B) "CHILD" MEANS ANY PERSON LESS THAN FOURTEEN YEARS OF AGE.
  2.  FORMALDEHYDE  IN  CHILDREN'S  PRODUCTS; BAN. (A) BEGINNING JANUARY
FIRST, TWO THOUSAND FIFTEEN, NO MANUFACTURER OR WHOLESALER MAY  SELL  OR
OFFER  FOR  SALE  IN  THIS STATE A CHILDREN'S PRODUCT THAT INTENTIONALLY
CONTAINS:
  (I) FORMALDEHYDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (II) INGREDIENTS THAT CHEMICALLY DEGRADE UNDER  NORMAL  CONDITIONS  OF
TEMPERATURE AND PRESSURE TO RELEASE FORMALDEHYDE.
  (B)  BEGINNING  JANUARY  FIRST,  TWO THOUSAND SIXTEEN, NO RETAILER MAY
SELL OR OFFER FOR SALE IN THIS STATE A CHILDREN'S  PRODUCT  THAT  INTEN-
TIONALLY CONTAINS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13324-05-4

S. 6415--A                          2

  (I) FORMALDEHYDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (II)  INGREDIENTS  THAT  CHEMICALLY DEGRADE UNDER NORMAL CONDITIONS OF
TEMPERATURE AND PRESSURE TO RELEASE FORMALDEHYDE.
  3.  FORMALDEHYDE  REPLACEMENT  CHEMICALS.  A  MANUFACTURER  SHALL  NOT
REPLACE  A  CHEMICAL  WHOSE USE IS PROHIBITED IN SUBDIVISION TWO OF THIS
SECTION WITH A CHEMICAL KNOWN TO THE MANUFACTURER TO HAVE  BEEN  IDENTI-
FIED  ON  THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE BY A STATE, FEDERAL,
OR INTERNATIONAL AGENCY AS BEING KNOWN OR SUSPECTED WITH A  HIGH  DEGREE
OF PROBABILITY TO:
  (A)  HARM  THE  NORMAL  DEVELOPMENT OF A FETUS OR CHILD OR CAUSE OTHER
DEVELOPMENTAL TOXICITY;
  (B) CAUSE CANCER, GENETIC DAMAGE, OR REPRODUCTIVE HARM;
  (C) DISRUPT THE ENDOCRINE OR HORMONE SYSTEM; OR
  (D) DAMAGE THE NERVOUS SYSTEM, IMMUNE  SYSTEM,  OR  ORGANS,  OR  CAUSE
OTHER SYSTEMIC TOXICITY.
  S 2. This act shall take effect January 1, 2015.

S6415B - Bill Details

See Assembly Version of this Bill:
A8886B
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §37-0901, En Con L

S6415B - Bill Texts

view summary

Relates to banning formaldehyde in certain children's products.

view sponsor memo
BILL NUMBER:S6415B

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to banning formaldehyde in certain children's products

PURPOSE:

This bill bans the sale of children's products that contain
formaldehyde or formaldehyde replacement chemicals.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Article 37 of the environmental
conservation law by adding a new title 9, and by adding Section
37-0901. Section 1 of Section 37-0901 defines terms used in the bill.

Section 2 of Section 37-0901 sets forth the parameters of the ban of
certain children's products containing formaldehyde, prohibiting
manufacturers or wholesalers from selling such products on or after
January 1, 2015, and prohibiting retail sales on or after January 1,
2016.

Section 3 of Section 37-0901 establishes that a manufacturer cannot
replace formaldehyde with an equally dangerous chemical.

Section 2 of the bill establishes that this act shall take effect
January 1, 2015.

JUSTIFICATION:

Formaldehyde was added to the list of human carcinogens by the U.S.
Department of Health and Human Services in 2011. Notwithstanding this,
it continues to be used in many household products, including those
intended for children.

A 2011 report by Washington Toxins Coalition and Safer States
showcased the frequency with which formaldehyde was found in
children's blankets, clothing, and toys even though it has been
classified as a severe developmental toxin and in the worst category
for carcinogenicity. Children are more susceptible to the dangers of
formaldehyde which can cause serious nervous system damage and asthma.

In addition, formaldehyde is an environmental pollutant. A 2010 report
by the National Toxicology Program showed that formaldehyde is present
in indoor and outdoor air, soil, food, treated and untreated drinking
water, surface water and groundwater. One of the major sources of
airborne formaldehyde is off-gassing from consumer goods.

(http://ntp.neihs.nih.govintp/roc/twelfth/profiles/Formaldehyde.pdf).

For the purposes of this bill, children are defined as those under 14,
the same standard used in General Business Law § 396-k, relating to
hazardous toys and other articles intended primarily for use by
children.

LEGISLATIVE HISTORY:


This is a new bill.

EFFECTIVE DATE:

This act shall take effect January 1, 2015.

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

                                 6415--B

                            I N  S E N A T E

                            January 22, 2014
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  banning formaldehyde in certain 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
                        FORMALDEHYDE PROHIBITION
SECTION 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
S 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
  1. DEFINITIONS. (A) "CHILDREN'S PRODUCT"  MEANS  A  PRODUCT  PRIMARILY
DESIGNED,  INTENDED  OR  MARKETED  BY  A  MANUFACTURER  TO BE PHYSICALLY
APPLIED TO OR INTRODUCED INTO A CHILD'S BODY, OR USED BY A  CHILD,  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 (I) BATTERIES;  OR  (II)
CONSUMER  ELECTRONIC  PRODUCTS  INCLUDING  BUT  NOT  LIMITED TO PERSONAL
COMPUTERS, AUDIO AND VIDEO EQUIPMENT, CALCULATORS, WIRELESS PHONES, GAME
CONSOLES, AND HANDHELD DEVICES INCORPORATING A  VIDEO  SCREEN,  USED  TO
ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPHERALS; OR (III) A
FOOD  OR  BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGULATED BY THE
UNITED STATES FOOD AND DRUG ADMINISTRATION; OR (IV)  A  PESTICIDE  REGU-
LATED  BY  THE  UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY; OR (V) A
DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION.
  (B) "CHILD" MEANS ANY PERSON AGED TWELVE AND UNDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13324-09-4

S. 6415--B                          2

  2. FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.  BEGINNING JANUARY FIRST,
TWO THOUSAND SIXTEEN, NO RETAILER MAY SELL OR OFFER  FOR  SALE  IN  THIS
STATE  A  CHILDREN'S PRODUCT THAT INTENTIONALLY CONTAINS: (A) FORMALDEH-
YDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (B)  INGREDIENTS  THAT  CHEMICALLY  DEGRADE UNDER NORMAL CONDITIONS OF
TEMPERATURE AND PRESSURE TO RELEASE FORMALDEHYDE.
  S 2. This act shall take effect January 1, 2015.

S6415C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8886B
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §37-0901, En Con L

S6415C (ACTIVE) - Bill Texts

view summary

Relates to banning formaldehyde in certain children's products.

view sponsor memo
BILL NUMBER:S6415C

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to banning formaldehyde in certain children's products

PURPOSE: This bill bans the sale of children's products that contain
formaldehyde.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Article 37 of the environmental conserva-
tion law by adding a new title 9, and by adding Section 37-0901.

Section 1 of Section 37-0901 defines terms used in the bill. For the
purposes of this bill, children are defined as those aged 12 and under.

Section 2 of Section 37-0901 sets forth the parameters of the ban of
children's products containing formaldehyde, prohibiting retailers from
selling a children's product that intentionally contains formaldehyde or
intentionally added chemical ingredients that chemically degrade to
release free formaldehyde at levels exceeding 0.05 percent, beginning
April 1, 2016.

Section 2 of the bill establishes the effective date.

JUSTIFICATION: Formaldehyde was added to the list of human carcinogens
by the U.S. Department of Health and Human Services in 2011. Notwith-
standing this, it continues to be used in many household products,
including those intended for children.

A 2011 report by Washington Toxins Coalition and Safer States showcased
the frequency with which formaldehyde was found in children's blankets,
clothing, and toys even though it has been classified as a severe devel-
opmental toxin and in the worst category for carcinogenicity. Children
are more susceptible to the dangers of formaldehyde which can cause
serious nervous system damage and asthma.

In addition, formaldehyde is an environmental pollutant. A 2010 report
by the National Toxicology Program showed that formaldehyde is present
in indoor and outdoor air, soil, food, treated and untreated drinking
water, surface water and groundwater. One of the major sources of
airborne formaldehyde is off-gassing from consumer goods.

LEGISLATIVE HISTORY: This is a new bill.

EFFECTIVE DATE: This act shall take effect January 1, 2015.

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

                                 6415--C

                            I N  S E N A T E

                            January 22, 2014
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  banning formaldehyde in certain 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
                        FORMALDEHYDE PROHIBITION
SECTION 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
S 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
  1.  DEFINITIONS.  (A)  "CHILDREN'S  PRODUCT" MEANS A PRODUCT PRIMARILY
DESIGNED, INTENDED OR  MARKETED  BY  A  MANUFACTURER  TO  BE  PHYSICALLY
APPLIED  TO  OR INTRODUCED INTO A CHILD'S BODY, OR USED BY A CHILD, 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 (I) BATTERIES; OR (II)
CONSUMER ELECTRONIC PRODUCTS  INCLUDING  BUT  NOT  LIMITED  TO  PERSONAL
COMPUTERS, AUDIO AND VIDEO EQUIPMENT, CALCULATORS, WIRELESS PHONES, GAME
CONSOLES,  AND  HANDHELD  DEVICES  INCORPORATING A VIDEO SCREEN, USED TO
ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPHERALS; OR (III) A
FOOD OR BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGULATED  BY  THE
UNITED  STATES  FOOD  AND DRUG ADMINISTRATION; OR (IV) A PESTICIDE REGU-
LATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY;  OR  (V)  A
DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13324-11-4

S. 6415--C                          2

  (B) "CHILD" MEANS ANY PERSON AGED TWELVE AND UNDER.
  (C)  "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL DELIBERATELY USED
IN THE FORMULATION OF A PRODUCT OR SUBPART OF A PRODUCT.
  2. FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.   BEGINNING APRIL  FIRST,
TWO  THOUSAND  SIXTEEN,  NO  RETAILER MAY SELL OR OFFER FOR SALE IN THIS
STATE A CHILDREN'S PRODUCT THAT INTENTIONALLY CONTAINS:  (A)  FORMALDEH-
YDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (B)  INGREDIENTS  THAT  CHEMICALLY  DEGRADE UNDER NORMAL CONDITIONS OF
TEMPERATURE AND PRESSURE TO RELEASE FREE FORMALDEHYDE AT LEVELS  EXCEED-
ING 0.05 PERCENT.
  S 2. This act shall take effect January 1, 2015.

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