NY State Assembly Bill 2015-A5612A

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2016	referred to environmental conservation
May 04, 2016	delivered to senate passed assembly
Apr 05, 2016	amended on third reading 5612a
Jan 06, 2016	ordered to third reading cal.217 returned to assembly died in senate
Apr 22, 2015	referred to environmental conservation delivered to senate passed assembly
Mar 27, 2015	advanced to third reading cal.151
Mar 26, 2015	reported
Mar 24, 2015	reported referred to ways and means
Mar 17, 2015	reported referred to codes
Mar 02, 2015	referred to environmental conservation

Bill Amendments

Original

A (Active)

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2015-A5612 - Details

See Senate Version of this Bill:: S7507
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0915, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8266, S1454
2019-2020: A6296, S501

2015-A5612 - Summary

Relates to regulation of toxic chemicals in children's products; establishes the interstate chemical clearinghouse.

2015-A5612 - Bill Text download pdf

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

                                  5612

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, GOTTFRIED, COLTON, PEOPLES-STOKES,
  LUPARDO, KAVANAGH, SCHIMEL, TITONE,  CRESPO,  FAHY,  KAMINSKY,  GALEF,
  ROSENTHAL,  ARROYO,  CLARK, COOK, ORTIZ, SIMON, STIRPE, SCARBOROUGH --
  Multi-Sponsored by -- M. of  A.  SOLAGES,  THIELE  --  read  once  and
  referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09354-02-5

A. 5612                             2

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  ELEVEN
PURSUANT  TO SECTION SIXTEEN HUNDRED NINETY-THREE-A OF 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,  SCHOOL  SUPPLIES,  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 CHIL-
DREN'S NOVELTY PRODUCTS, CHILDREN'S JEWELRY, CHILDREN'S BEDDING,  FURNI-
TURE,  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, 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.   "CHIL-
DREN'S PRODUCT" ALSO DOES NOT INCLUDE A DRUG, BIOLOGIC OR MEDICAL DEVICE
REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
  6.  "CONTAMINANT" MEANS TRACE AMOUNTS OF CHEMICALS THAT ARE INCIDENTAL
TO THE MANUFACTURING THAT SERVE NO  INTENDED  FUNCTION  IN  THE  PRODUCT
COMPONENT,  INCLUDING,  BUT  NOT  LIMITED  TO, UNINTENDED BY-PRODUCTS OF
CHEMICAL REACTIONS DURING THE  MANUFACTURE  OF  THE  PRODUCT  COMPONENT,
TRACE  IMPURITIES  IN FEED-STOCK, INCOMPLETELY REACTED CHEMICAL MIXTURES
AND DEGRADATION PRODUCTS.
  7. "DISTRIBUTOR" MEANS A  PERSON  WHO  SELLS  CHILDREN'S  PRODUCTS  TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  8.  "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.
  9. "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.
  10. "PRACTICAL QUANTIFICATION LIMIT" MEANS THE LOWEST LEVEL  THAT  CAN
BE  RELIABLE  ACHIEVED WITHIN SPECIFIED LIMITS OF PRECISION AND ACCURACY
DURING ROUTINE LABORATORY OPERATING CONDITIONS.
  11.  "PRODUCT CATEGORY" MEANS THE "BRICK"  LEVEL  OF  THE  GS1  GLOBAL
PRODUCT  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.
  12. "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

A. 5612                             3

                    MERCURY (CASRN 22967-92-6)
  CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS
  CASRN50-00-0      FORMALDEHYDE
  CASRN1332-21-4    ASBESTOS
  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.
  13. "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) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
REMOVE A CHEMICAL FROM THE LIST OF PRIORITY CHEMICALS IF,  UPON  REVIEW,
IT  DETERMINES  ON  THE  BASIS OF CREDIBLE SCIENTIFIC EVIDENCE THAT SUCH
CHEMICAL NO LONGER MEETS THE CRITERIA FOR LISTING UNDER PARAGRAPH (B) OF
THIS SUBDIVISION.
  (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, REPRODUCTIVE OR DEVELOPMENTAL  TOXICANT,  NEUROTOXI-
CANT, ASTHMAGEN, OR 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  A  PRIORITY

A. 5612                             4

CHEMICAL  SHALL REPORT SUCH CHEMICAL USE TO THE DEPARTMENT, AT PRACTICAL
QUANTIFICATION LIMITS (PQLS). 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-
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  FIVE HUNDRED DOLLARS PER
REPORTED PRODUCT CATEGORY.
S 37-0907. SALES PROHIBITION.
  1. EFFECTIVE JANUARY FIRST, TWO THOUSAND  EIGHTEEN,  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, FORMALDEHYDE, ASBESTOS, ARSEN-
IC AND ARSENIC COMPOUNDS INCLUDING ARSENIC TRIOXIDE AND DIMETHYL  ARSEN-
IC,  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 JUDG-
MENT, THE LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD  POSE  AN
UNREASONABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.

A. 5612                             5

  2.  EFFECTIVE  FOUR  YEARS AFTER BEING ADDED TO THE PRIORITY CHEMICALS
LIST, NO PERSON SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THIS  STATE
A  CHILDREN'S  PRODUCT  THAT  CONTAINS  A CHEMICAL ADDED TO THE PRIORITY
CHEMICALS LIST PURSUANT TO SECTION 37-0903 OF THIS TITLE.
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. 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, AND ARE INDEPENDENTLY OWNED AND OPERATED.
  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.

A. 5612                             6

  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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multi-Sponsors

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2015-A5612A (ACTIVE) - Details

See Senate Version of this Bill:: S7507
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0915, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8266, S1454
2019-2020: A6296, S501

2015-A5612A (ACTIVE) - Summary

Relates to regulation of toxic chemicals in children's products; establishes the interstate chemical clearinghouse.

2015-A5612A (ACTIVE) - Bill Text download pdf

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

                                 5612--A
                                                        Cal. No. 217

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, GOTTFRIED, COLTON, PEOPLES-STOKES,
  LUPARDO, KAVANAGH, SCHIMEL, TITONE,  CRESPO,  FAHY,  KAMINSKY,  GALEF,
  ROSENTHAL,  ARROYO, COOK, ORTIZ, SIMON, STIRPE, MOSLEY, LIFTON, SKOUF-
  IS, OTIS, JAFFEE, ABINANTI, WALKER, STECK, SIMOTAS, SEAWRIGHT, BARRON,
  PAULIN, BRAUNSTEIN, DINOWITZ, LINARES -- Multi-Sponsored by --  M.  of
  A.    BUCHWALD,  CYMBROWITZ,  HOOPER, KEARNS, MAGEE, McDONOUGH, PERRY,
  SOLAGES, THIELE, WEINSTEIN -- read once and referred to the  Committee
  on  Environmental Conservation -- advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

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

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

                                                           LBD09354-16-6

A. 5612--A                          2

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) 1,1,2,2-TETRACHLOROETHANE (CAS 79-34-5)
  (A-1) 1,2-DIBROMOETHANE (CAS 106-93-4)
  (A-2) 1,1,3,3-TETRAMETHYL-4-BUTYLPHENOL; 4-TERT-OCTYLPHENOL (CAS  140-
66-9)
  (A-3) (1,1,3,3 - TETRAMETHYLBUTYL) PHENOL; OCTYLPHENOL (CAS
27193-28-8)
  (A-4) 1,3-BUTADIENE (CAS 106-99-0)
  (B) 1,4-DIOXANE (CAS 123-91-1)
  (C)  2,2',3,3',4,4',5,5',6,6'-DECABROMODIPHENYL  ETHER;  BDE-209  (CAS
1163-19-5)
  (D) 2,4-DIAMINOTOLUENE (CAS 95-80-7)
  (D-1) 2,4-DIHYDROXYBENZOPHENONE; RESBENZOPHENONE (CAS 131-56-6)
  (E) 2-AMINOTOLUENE (CAS 95-53-4)
  (F) 2-ETHYLHEXANOIC ACID (CAS 149-57-5)
  (G) 2-ETHYL-HEXYL-4-METHOXYCINNAMATE (CAS 5466-77-3)
  (G-1) 2-NAPTHYLAMINE (CAS 91-59-8)
  (H) 2-METHOXYETHANOL (CAS 109-86-4)
  (I)     3,3'-DIMETHYLBENZIDINE     AND     DYES     METABOLIZED     TO
3,3'-DIMETHYLBENZIDINE (CAS 119-93-7)
  (I-1) 4-HYDROXYBIPHENOL (CAS 92-69-3)
  (J)   4-NONYLPHENOL;  4-NP  AND  ITS  ISOMER  MIXTURES  INCLUDING  CAS
84852-15-3 AND CAS 25154-52-3 (CAS 104-40-5)
  (J-1) 4,4-METHYLENEBIS(2-CHLOROANILINE) (CAS 101-14-4)
  (K)   4-TERT-OCTYLPHENOL;    1,1,3,3-TETRAMETHYL-4-BUTYLPHENOL    (CAS
140-66-9)
  (L) ACETALDEHYDE (CAS 75-07-0)
  (M) ACRYLONITRILE (CAS 107-13-1)
  (N) ANILINE(CAS 62-53-3)
  (O) ANTIMONY & ANTIMONY COMPOUNDS (CAS 7440-36-0)
  (P)  ARSENIC  &  ARSENIC  COMPOUNDS  (CAS 7440-38-2) INCLUDING ARSENIC
TRIOXIDE & DIMETHYL ARSENIC (CAS 75-60-5)
  (Q) ASBESTOS (CAS 1332-21-4)
  (R) BENZENE (CAS 71-43-2)
  (S) BENZENE, PENTACHLORO (CAS 608-93-5)
  (S-1) BENZIDINE AND ITS SALTS (CAS 92-87-5)
  (T)  BENZOPHENONE-2  (BP-2);  2,2',4,4'-TETRAHYDROXYBENZOPHENONE  (CAS
131-55-5)
  (U) BISPHENOL A (CAS 80-05-7)
  (V) BUTYL BENZYL PHTHALATE (BBP) (CAS 85-68-7)
  (W) BUTYL PARABEN (CAS 94-28-6)
  (X) BUTYLATED HYDROXYANISOLE; (BHA) (CAS 25013-16-5)
  (Y) C.I. SOLVENT YELLOW 14 (CAS 842-07-9)
  (Z) CADMIUM & CADMIUM COMPOUNDS (CAS 7440-43-9)
  (AA) CARBON DISULFIDE (CAS 75-15-0)
  (BB) COBALT & COBALT COMPOUNDS (CAS 7440-48-4)
  (CC) DI-2-ETHYLHEXYL PHTHALATE (CAS 117-81-7)
  (DD) DIBUTYL PHTHALATE (CAS 84-74-2)
  (DD-1) DICYCLOHEXYL PHTHALATE (DCHP) (CAS 84-61-7)

A. 5612--A                          3

  (EE) DIETHYL PHTHALATE (CAS 84-66-2)
  (FF) DIISODECYL PHTHALATE (DIDP) (CAS 26761-40-0)
  (GG) DIISONONYL PHTHALATE (DINP) (CAS 28553-12-0)
  (HH) DI-N-HEXYL PHTHALATE (CAS 84-75-3)
  (II) DI-N-OCTYL PHTHALATE (DNOP) (CAS 117-84-0)
  (II-1) EPICHLOROHYDRIN (CAS 106-98-9)
  (JJ) ESTRAGOLE (CAS 140-67-0)
  (KK) ETHYL PARABEN (CAS 120-47-8)
  (LL) ETHYLBENZENE (CAS 100-41-4)
  (MM) ETHYLENE GLYCOL (CAS 107-21-1)
  (NN) ETHYLENE GLYCOL MONOETHYL ESTER (CAS 110-80-5)
  (OO) FORMALDEHYDE (CAS 50-0-0)
  (PP) HEXABROMOCYCLODODECANE (HBCD) (CAS 25637-99-4)
  (QQ) HEXACHLOROBENZENE (CAS 118-74-1)
  (RR) HEXACHLOROBUTADIENE (CAS 87-68-3)
  (SS) LEAD & LEAD COMPOUNDS (CAS 7439-92-1)
  (TT)  MERCURY  &  MERCURY  COMPOUNDS  (CAS 7439-97-6) INCLUDING METHYL
MERCURY (CAS 22967-92-6)
  (UU) METHYL ETHYL KETONE (CAS 78-93-3)
  (VV) METHYL PARABEN (CAS 99-76-3)
  (WW) METHYLENE CHLORIDE (CAS 75-09-2)
  (WW-1) METHYL TERT-BUTYL ETHER (MTBE) (CAS 1634-04-4)
  (XX) MOLYBDENUM & MOLYBDENUM COMPOUNDS (CAS 7439-98-7)
  (XX-1) MONO-N-BUTYLPHTHALATE (CAS 131-70-4)
  (YY) N-METHYLPYRROLIDONE (CAS 872-50-4)
  (YY-1) NICKEL AND NICKEL COMPOUNDS (CAS N/A)
  (ZZ) N-NITROSODIMETHYLAMINE (CAS 62-75-9)
  (AAA) N-NITROSODIPHENYLAMINE (CAS 86-30-6)
  (BBB) OCTAMETHYLCYCLOTETRASILOXANE (CAS 556-67-2)
  (CCC) PARA-CHLOROANILINE (CAS 106-47-3)
  (DDD) PERCHLOROETHYLENE (CAS 127-18-4)
  (EEE) PERFLUOROOCTANYL SULPHONIC ACID AND ITS SALTS (PFOS) (CAS  1763-
23-1)
  (FFF) PHENOL (CAS 108-95-2)
  (GGG) PHENOL, 4-OCTYL- (CAS 1806-26-4)
  (HHH) PHTHALIC ANHYDRIDE (CAS 85-44-9)
  (III) P-HYDROXYBENZOIC ACID (CAS 99-96-7)
  (JJJ) PROPYL PARABEN (CAS 94-13-3)
  (JJJ-1)  SILICA,  CRYSTALLINE  (IN  THE FORM OF QUARTZ OR CRISTABOLITE
DUST) (CAS 14808-60-7)
  (KKK) STYRENE (CAS 100-42-5)
  (LLL) TETRABROMOBISPHENOL A (CAS 79-94-7)
  (MMM) TOLUENE (CAS 108-88-3)
  (NNN) TRIS(1,3-DICHLORO-2-PROPYL) PHOSPHATE (CAS 13674-87-3)
  (OOO) TRIS(2-CHLOROETHYL) PHOSPHATE (CAS 115-96-8)
  (PPP) VINYL CHLORIDE (CAS 75-01-4)
  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, SCHOOL SUPPLIES, 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  CHIL-
DREN'S  NOVELTY PRODUCTS, CHILDREN'S JEWELRY, CHILDREN'S BEDDING, FURNI-
TURE, 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,  CALCULATORS,

A. 5612--A                          4

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 (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 ADMINISTRATION.
  6.  "CONTAMINANT" MEANS TRACE AMOUNTS OF CHEMICALS THAT ARE INCIDENTAL
TO THE MANUFACTURING THAT SERVE NO  INTENDED  FUNCTION  IN  THE  PRODUCT
COMPONENT,  INCLUDING,  BUT  NOT  LIMITED  TO, UNINTENDED BY-PRODUCTS OF
CHEMICAL REACTIONS DURING THE  MANUFACTURE  OF  THE  PRODUCT  COMPONENT,
TRACE  IMPURITIES  IN FEED-STOCK, INCOMPLETELY REACTED CHEMICAL MIXTURES
AND DEGRADATION PRODUCTS.
  7. "DISTRIBUTOR" MEANS A  PERSON  WHO  SELLS  CHILDREN'S  PRODUCTS  TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  8.  "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.
  9. "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.
  10. "PRACTICAL QUANTIFICATION LIMIT" MEANS THE LOWEST LEVEL  THAT  CAN
BE  RELIABLE  ACHIEVED WITHIN SPECIFIED LIMITS OF PRECISION AND ACCURACY
DURING ROUTINE LABORATORY OPERATING CONDITIONS.
  11.  "PRODUCT CATEGORY" MEANS THE "BRICK"  LEVEL  OF  THE  GS1  GLOBAL
PRODUCT  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.
  12. "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)
  CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS
  CASRN50-00-0      FORMALDEHYDE
  CASRN1332-21-4    ASBESTOS
  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.
  13. "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.

A. 5612--A                          5

  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.
  (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) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
REMOVE  A  CHEMICAL FROM THE LIST OF PRIORITY CHEMICALS IF, UPON REVIEW,
IT DETERMINES ON THE BASIS OF CREDIBLE  SCIENTIFIC  EVIDENCE  THAT  SUCH
CHEMICAL NO LONGER MEETS THE CRITERIA FOR LISTING UNDER PARAGRAPH (B) OF
THIS SUBDIVISION.
  (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, REPRODUCTIVE OR DEVELOPMENTAL TOXICANT, NEUROTOXI-
CANT, ASTHMAGEN, OR 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 A PRIORITY
CHEMICAL SHALL REPORT SUCH CHEMICAL USE TO THE DEPARTMENT, AT  PRACTICAL
QUANTIFICATION  LIMITS (PQLS). 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-
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

A. 5612--A                          6

  (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. (A) A MANUFACTURER OF A  CHILDREN'S  PRODUCT  CONTAINING  A
PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER THE CHILDREN'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.
  (B)  ALL RETAILERS IN THIS STATE OFFERING FOR SALE CHILDREN'S PRODUCTS
CONTAINING PRIORITY CHEMICALS SHALL CONSPICUOUSLY POST NOTICE TO CONSUM-
ERS IDENTIFYING SUCH PRODUCTS AND THE PRIORITY CHEMICALS THEY CONTAIN.
  (C) THE DEPARTMENT SHALL NOTIFY CONSUMERS  ABOUT  CHILDREN'S  PRODUCTS
CONTAINING CHEMICALS OF HIGH CONCERN AND PRIORITY CHEMICALS. THE NOTIFI-
CATION SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE.
  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  FIVE HUNDRED DOLLARS PER
REPORTED PRODUCT CATEGORY.
S 37-0907. SALES PROHIBITION.
  1. EFFECTIVE JANUARY FIRST, TWO THOUSAND  NINETEEN,  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, FORMALDEHYDE, ASBESTOS, ARSEN-
IC AND ARSENIC COMPOUNDS INCLUDING ARSENIC TRIOXIDE AND DIMETHYL  ARSEN-
IC,  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 JUDG-
MENT, THE LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD  POSE  AN
UNREASONABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
  2.  EFFECTIVE  THREE YEARS AFTER BEING ADDED TO THE PRIORITY CHEMICALS
LIST, NO PERSON SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THIS  STATE
A  CHILDREN'S  PRODUCT  THAT  CONTAINS  A CHEMICAL ADDED TO THE PRIORITY
CHEMICALS LIST PURSUANT TO SECTION 37-0903 OF THIS TITLE.
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.

A. 5612--A                          7

  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, AND ARE INDE-
PENDENTLY OWNED AND OPERATED.
  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.
  2. SUCH CLEARINGHOUSE IS AUTHORIZED TO MAINTAIN INFORMATION ON  BEHALF
OF  THE  STATE  OF  NEW YORK, INCLUDING, BUT NOT LIMITED TO, INFORMATION

A. 5612--A                          8

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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Assembly Bill A5612A

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

Bill Amendments

co-Sponsors

Richard Gottfried

William Colton

Crystal Peoples-Stokes

Donna Lupardo

multi-Sponsors

David Buchwald

Steven Cymbrowitz

Earlene Hooper

Mickey Kearns

2015-A5612 - Details

2015-A5612 - Summary

2015-A5612 - Bill Text download pdf

co-Sponsors

Richard Gottfried

William Colton

Crystal Peoples-Stokes

Donna Lupardo

multi-Sponsors

David Buchwald

Steven Cymbrowitz

Earlene Hooper

Mickey Kearns

2015-A5612A (ACTIVE) - Details

2015-A5612A (ACTIVE) - Summary

2015-A5612A (ACTIVE) - Bill Text download pdf

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