S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                 4676--A
                       2015-2016 Regular Sessions
                            I N  S E N A T E
                              April 6, 2015
                               ___________
Introduced  by  Sen.  AVELLA -- 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, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee
AN ACT to amend the environmental conservation law, in relation to regu-
  lation of toxic chemicals in pet products
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. The title heading of title 9 of article 37 of the  environ-
mental  conservation law, as added by section 1 of a chapter of the laws
of 2016, amending the environmental conservation law relating  to  regu-
lation  of toxic chemicals in children's products, as proposed in legis-
lative bills numbers A.5612-A and S.7507, is amended to read as follows:
         TOXIC CHEMICALS IN CHILDREN'S PRODUCTS AND PET PRODUCTS
  S 2. Subdivisions 7 and 9 of  section  37-0901  of  the  environmental
conservation  law,  as  added  by  section 1 of a chapter of the laws of
2016, amending the environmental conservation law relating to regulation
of toxic chemicals in children's products, as  proposed  in  legislative
bills numbers A.5612-A and S.7507, are amended and four new subdivisions
14, 15, 16 and 17 are added to read as follows:
  7.  "Distributor"  means a person who sells children's products OR PET
PRODUCTS to retail establishments on a wholesale basis.
  9. "Manufacturer" means any person who currently manufactures a  chil-
dren's  product  OR  PET  PRODUCT  or whose brand name is affixed to the
children's product OR PET PRODUCT.  In the case of a children's  product
OR  PET PRODUCT that was imported into the United States, "manufacturer"
includes the importer or first domestic distributor  of  the  children's
product  OR  PET  PRODUCT  if  the  person who currently manufactures or
assembles the children's product OR PET PRODUCT or whose brand  name  is
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04252-03-6
              
             
                          
                
S. 4676--A                          2
affixed  to  the children's product OR PET PRODUCT does not have a pres-
ence in the United States.
  14. "PET" MEANS ANY DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR
THE  HOUSEHOLD  OF  THE  OWNER OR PERSON WHO CARES FOR SUCH DOMESTICATED
ANIMAL. "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED  BY  SUBDIVI-
SION  FOUR OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS
LAW.
  15. "PET APPAREL" MEANS ANY ITEM OF CLOTHING THAT CONSISTS  OF  FABRIC
OR RELATED MATERIAL INTENDED OR PROMOTED FOR USE IN PET CLOTHING.
  16.  "PET PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR, MADE FOR OR
MARKETED FOR USE BY A  PET,  SUCH  AS  PET  TOYS,  CAR  SEATS,  BEDDING,
PERSONAL  CARE  PRODUCTS, A PRODUCT DESIGNED OR INTENDED BY THE MANUFAC-
TURER TO BE CHEWED BY THE PET, AND PET APPAREL. "PET PRODUCT"  DOES  NOT
INCLUDE  A  FOOD  OR BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGU-
LATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
  17. "PET TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER
TO BE USED BY A PET AT PLAY.
  S 3. Paragraph (b) of subdivision 2 of section 37-0903 of the environ-
mental conservation law, as added by section 1 of a chapter of the  laws
of  2016,  amending the environmental conservation law relating to regu-
lation of toxic chemicals in children's products, as proposed in  legis-
lative bills numbers A.5612-A and S.7507, is amended to read as follows:
  (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 OR PET 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 OR PET
PRODUCT containing the chemical has been  banned  in  another  state  or
states  within  the  United States because of the health effects of such
chemical.
  S 4. Subdivisions 1 and 3 of  section  37-0905  of  the  environmental
conservation  law,  as  added  by  section 1 of a chapter of the laws of
2016, amending the environmental conservation law relating to regulation
of toxic chemicals in children's products, as  proposed  in  legislative
bills numbers A.5612-A and S.7507, are amended to read as follows:
  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 OR PET PRODUCT 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  develop-
ing such form.
  (a)  This  report must at a minimum identify the children's product OR
PET PRODUCT category, the priority chemical or  chemicals  contained  in
the children's product OR PET PRODUCT category, and the intended purpose
of the chemicals in the children's product OR PET PRODUCT category.  The
department may also require reporting of the following information:
S. 4676--A                          3
  (i)  the potential for harm to human OR ANIMAL health and the environ-
ment from specific uses of the priority chemical;
  (ii)  the amount of such chemical in each unit of the children's prod-
uct OR PET PRODUCT 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 OR PET PRODUCT category to the environment
during the product 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 OR ANIMAL body.
  (b)  The  department is authorized to direct submission of such report
to the interstate chemicals clearinghouse.
  3. Notice. (a) A manufacturer of a children's product OR  PET  PRODUCT
containing a priority chemical shall notify persons that offer the chil-
dren's  product OR PET 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 toxic-
ity of such chemical.
  (b)  All retailers in this state offering for sale children's products
OR PET PRODUCTS containing priority chemicals shall  conspicuously  post
notice to consumers identifying such products and the priority chemicals
they contain.
  (c) The department shall notify consumers about children's products OR
PET  PRODUCTS  containing  chemicals of high concern and priority chemi-
cals. The notification shall be published on the department's website.
  S 5. Section 37-0907 of the environmental conservation law,  as  added
by  section  1  of  a chapter of the laws of 2016, amending the environ-
mental conservation law relating to regulation  of  toxic  chemicals  in
children's  products,  as proposed in legislative bills numbers A.5612-A
and S.7507, is amended to read as follows:
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 OR
PET 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,
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 OR PET PRODUCT solely based on its
containing an enclosed battery or enclosed  electronic  components.  The
commissioner  may  exempt  a children's product OR PET PRODUCT from this
prohibition if, in the commissioner's judgment, the lack of availability
of the children's product OR PET 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 OR PET PRODUCT that contains a  chemical  added  to
the priority chemicals list pursuant to section 37-0903 of this title.
  S  6.  Subdivisions 1, 5 and 6 of section 37-0909 of the environmental
conservation law, as added by section 1 of a  chapter  of  the  laws  of
2016, amending the environmental conservation law relating to regulation
of  toxic  chemicals  in children's products, as proposed in legislative
bills numbers A.5612-A and S.7507, are amended to read as follows:
S. 4676--A                          4
  1. New children's products OR PET PRODUCTS.   The provisions  of  this
title  shall  apply  to chemicals in children's products OR PET PRODUCTS
sold or distributed as  new  and  does  not  apply  to  used  children's
products  OR  PET  PRODUCTS  that  are  sold  or distributed for free at
secondhand stores, yard sales, on the internet or donated to charities.
  5. Exceptions. The requirements of this title shall not apply to chil-
dren's  product OR PET PRODUCT makers that employ five persons or fewer,
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 OR PET PRODUCT
containing a priority chemical after the effective date of its  prohibi-
tion  for  which  that  retailer  has  received notification pursuant to
subdivision three of section 37-0905 of this title.
  S 7. Section 37-0911 of the environmental conservation law,  as  added
by  section  1  of  a chapter of the laws of 2016, amending the environ-
mental conservation law relating to regulation  of  toxic  chemicals  in
children's  products,  as proposed in legislative bills numbers A.5612-A
and S.7507, is amended to read as follows:
S 37-0911. Enforcement and implementation.
  1. Failure to provide notice. A  children's  product  OR  PET  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 of this title by the
date required in such section. The commissioner may exempt a  children's
product  OR  PET PRODUCT from this prohibition if, in the commissioner's
judgment, the lack of availability of  the  children's  product  OR  PET
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 OR PET PRODUCT is being offered for sale in violation
of  this title, the department may request the manufacturer of the chil-
dren's product OR PET 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 statement of compliance shall:
  (a) attest that the children's product OR PET 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  OR  PET
PRODUCT is prohibited.
  S  8.  Paragraph  (b)  of  subdivision  1 and subdivision 2 of section
37-0913 of the environmental conservation law, as added by section 1  of
a  chapter  of the laws of 2016, amending the environmental conservation
law relating to regulation of toxic chemicals in children's products, as
proposed in legislative bills numbers A.5612-A and S.7507,  are  amended
to read as follows:
  (b)  collection  and dissemination of information regarding the use of
chemicals in children's products AND PET PRODUCTS;
  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  OR  PET  PRODUCTS
disclosed pursuant to section 37-0905 of this title.
S. 4676--A                          5
  S  9.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws  of  2016,  amending  the  environmental
conservation law relating to regulation of toxic chemicals in children's
products,  as proposed in legislative bills numbers A.5612-A and S.7507,
takes effect.