S T A T E   O F   N E W   Y O R K
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                                  3276

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of liquid, food and beverage containers containing bisphenol A

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

  Section  1.  Section 37-0501 of the environmental conservation law, as
added by chapter 280 of the laws of 2010, is amended to read as follows:
S 37-0501. Short title.
  This title shall be known and may be cited as  the  "bisphenol  A-free
[children and babies] act".
  S  2.  Sections  37-0507,  37-0509  and  37-0511  of the environmental
conservation law are renumbered sections 37-0511, 37-0513  and  37-0515,
and two new sections 37-0507 and 37-0509 are added to read as follows:
S 37-0507. LIQUID, FOOD AND BEVERAGE CONTAINERS.
  1.  BEGINNING  DECEMBER  FIRST, TWO THOUSAND SIXTEEN, NO PERSON, FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY LIQUID, FOOD OR BEVERAGE IN  A  CAN,  JAR  OR
OTHER CONTAINER CONTAINING BISPHENOL A.
  2.  A  MANUFACTURER  OF A PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
SUBDIVISION ONE OF THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR  WAIVER
OF  THE  REQUIREMENTS OF SUCH SUBDIVISION FOR A PERIOD OF ONE YEAR, UPON
PROOF THAT THERE ARE NO AVAILABLE ALTERNATIVES TO  BISPHENOL  A  IN  THE
MANUFACTURE  OF  THE  CAN, JAR OR OTHER CONTAINER THAT IS SUBJECT TO THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.  AFTER  THE  GRANTING  OF
SUCH  A  WAIVER TO A MANUFACTURER, IT MAY THEREAFTER APPLY FOR ONE ADDI-
TIONAL ONE YEAR WAIVER.
S 37-0509. ALTERNATIVES TO BISPHENOL A.
  1. A MANUFACTURER OF A PRODUCT PROHIBITED TO BE SOLD  OR  OFFERED  FOR
SALE PURSUANT TO THIS TITLE SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07429-01-5

              

A. 3276                             2

  A.  NOT  REPLACE  BISPHENOL  A WITH ANOTHER CHEMICAL COMPOUND THAT HAS
BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS  CLAS-
SIFIED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
MENTAL TOXIN, AN ENDOCRINE DISRUPTER OR A REPRODUCTIVE TOXIN;
  B.  USE  THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND TO REPLACE
BISPHENOL A;
  C. PROVIDE, TO THE DEPARTMENT PRIOR TO THE MANUFACTURE OF  SUCH  PROD-
UCT, INFORMATION ON SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND; AND
  D. NOT MANUFACTURE SUCH PRODUCT UNTIL THE DEPARTMENT SHALL HAVE CERTI-
FIED SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHENOL
A.
  2.  EVERY LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHE-
NOL A CERTIFIED BY THE DEPARTMENT SHALL:
  A. BE THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
  B. NOT BE A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED  STATES
ENVIRONMENTAL  PROTECTION  AGENCY,  A  DEVELOPMENTAL TOXIN, AN ENDOCRINE
DISRUPTER OR A REPRODUCTIVE TOXIN.
  3. THE DEPARTMENT SHALL REGULARLY UPDATE ITS LISTING  OF  LEAST  TOXIC
CHEMICAL COMPOUNDS CERTIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
AND  PROVIDE SUCH UPDATED LISTINGS TO MANUFACTURERS TO WHICH SUBDIVISION
ONE OF THIS SECTION APPLIES.
  S 3. This act shall take effect immediately.