senate Bill S7265

2013-2014 Legislative Session

Relates to chemicals in nap mats

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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
May 20, 2014 reported and committed to finance
May 08, 2014 referred to environmental conservation

Votes

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May 20, 2014 - Environmental Conservation committee Vote

S7265
7
1
committee
7
Aye
1
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Environmental Conservation Committee Vote: May 20, 2014

nay (1)

S7265 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 ยงยง37-0901 & 37-0903, En Con L

S7265 - Bill Texts

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Relates to chemicals in nap mats; prohibits the use of certain chemical flame retardants in nap mats used by children.

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BILL NUMBER:S7265

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to chemicals in nap mats

PURPOSE OR GENERAL IDEA OF BILL: Prohibits the sale of nap mats
containing halogenated chemical flame retardants in the state of New
York.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides definitions for chemical flame retardants and nap
mats. This section further prohibits the sale of nap mats containing
halogenated chemical flame retardants in the state of New York.

Section 2 provides the effective date.

JUSTIFICATION: A recent study conducted by California's Center for
Environmental Health found chemical flame retardants in an alarming
number of nap mats on the market in California. This is despite the
fact that nap mats have never been identified as an ignition source
for fires. What is more, the United States Department of Commerce,
National Bureau of Standards has found that there are no significant
differences in fire resistance between treated and untreated
polyurethane foams. Recognizing this and the fact that most home
fires are caused by cigarettes, California has adopted a new "smolder
standard" for upholstered furniture that would not require
manufacturers to use chemical flame retardants.

Chemical flame retardants migrate out of furniture - including nap
mats - and into house-hold dust. Because of their tendency to put
items in their mouth, toddlers typically have three times the level of
flame retardants as their parents. This exposure is on top of what
babies are born with. An article in the Chicago Tribune stated "A
typical American baby is born with the highest recorded concentrations
of flame retardants among infants in the world."

Many flame retardants, most notably halogenated chemical retardants,
have been associated with adverse health impacts. For example, the
Consumer Product Safety Commission identified the flame retardant Tris
as a threat to human health, and California has identified Tris as a
suspected human carcinogen. In addition, when combusted, chemical
flame retardants can also form harmful by-products with the potential
to affect the health of firefighters adversely. A recent study in San
Francisco found that firefighters had two to three times the rate of
flame retardants in their blood stream than average and found that the
110 female firefighters in the study experienced a risk of breast
cancer that was nearly six times higher than the general population.

In addition, there is precedent for banning dangerous flame
retardants. New York State has previously banned the use of the
brominated flame retardant PentaBDE, and banned the use of Tris (TCEP)
in children's products.

Because chemical flame retardants have significant health concerns and
do not prevent fires, they should not be used in children's sleeping
pads. Accordingly, this bill would prohibit the sale of nap mats that


contain these unnecessary chemical, while providing retailers time to
sell through any existing inventory they may have that is noncompliant
with the provisions of this bill.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to New York State.

EFFECTIVE DATE: This act shall take effect January 1, 2016.

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

                                  7265

                            I N  S E N A T E

                               May 8, 2014
                               ___________

Introduced  by Sen. GRISANTI -- 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 chem-
  icals in nap mats

  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 9
                  CHEMICAL FLAME RETARDANTS IN NAP MATS
SECTION 37-0901. DEFINITIONS.
        37-0903. PROHIBITION  ON THE USE OF CHEMICAL FLAME RETARDANTS IN
                   NAP MATS.
S 37-0901. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "CHEMICAL FLAME RETARDANTS" SHALL  MEAN  ANY  HALOGENATED  CHEMICAL
FLAME  RETARDANT,  INCLUDING BUT NOT LIMITED TO TDCPP TRIS (1,3 DICHOLO-
RO-2-PROPYL) PHOSPHATE, FIRE-MASTER 500 OR EQUIVALENT PRODUCT,  TERT-BU-
TYL  MIXTURE,  TCPP  TRIS(1-CHLORO-2-PROPYL)  PHOSPHATE,  TPP (TRIPHENYL
PHOSPHATE), AND ANY PHOSPHORUS-BROMINE FLAME RETARDANTS.
  2. "NAP MAT" SHALL INCLUDE ANY ITEM OF FURNITURE INTENDED  FOR  INDOOR
USE  THAT  CONSISTS, IN WHOLE OR IN PART, OF LEATHER, PLASTIC, FABRIC OR
OTHER MATERIAL THAT CONTAINS COTTON, WOOL, POLYURETHANE OR OTHER NATURAL
OR SYNTHETIC MATERIAL THAT IS PLACED IN SUCH ITEM  AND  IS  INTENDED  TO
FACILITATE SLEEP OR RELAXATION OF A CHILD.
S 37-0903. PROHIBITION  ON  THE  USE OF CHEMICAL FLAME RETARDANTS IN NAP
             MATS.
  1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY OR CORPORATION SHALL SELL OR OFFER FOR SALE IN THE STATE OF NEW  YORK
ANY  NAP MAT THAT CONTAINS CHEMICAL FLAME RETARDANTS INTENTIONALLY ADDED
IN ORDER TO PROVIDE A SPECIFIC CHARACTERISTIC, APPEARANCE OR QUALITY, TO
PERFORM A SPECIFIC FUNCTION, OR FOR ANY OTHER PURPOSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13991-05-4

S. 7265                             2

  2. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  THE  SALE  OR
DISTRIBUTION OF ANY NAP MAT RESOLD OR OFFERED FOR RESALE, OR DISTRIBUTED
BY CONSUMERS FOR CONSUMER USE.
  S 2. This act shall take effect January 1, 2016.

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