S T A T E O F N E W Y O R K
________________________________________________________________________
3359
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
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Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
manufacture, distribution and sale of toys and child care products,
containing bisphenol-A or phthalates, which are intended for use by or
upon a child under the age of fourteen years
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
397-b to read as follows:
S 397-B. TOYS AND CHILD CARE PRODUCTS; BISPHENOL-A AND PHTHALATES. 1.
THE LEGISLATURE HEREBY FINDS THAT BISPHENOL-A, AN ESTROGEN-MIMICKING
ENDOCRINE DISRUPTER CHEMICAL, IS USED IN THE PRODUCTION OF EPOXY RESINS
AND POLYCARBONATE PLASTICS, AND IS THE MAIN INGREDIENT IN HARD POLYCAR-
BONATE PLASTICS. THESE PLASTICS ARE USED IN MANY FOOD AND DRINK PACKAG-
ING APPLICATIONS, AND THE RESINS ARE COMMONLY USED AS LACQUERS TO COAT
METAL PRODUCTS SUCH AS FOOD CANS, BOTTLE TOPS AND WATER SUPPLY PIPES.
BISPHENOL-A HAS BEEN SHOWN TO HAVE HORMONE DISRUPTING EFFECTS, AND IS
ALSO USED IN MANY PRODUCTS INTENDED FOR USE BY YOUNG CHILDREN INCLUDING
TOYS, PACIFIERS, BABY BOTTLES AND TEETHERS.
THE LEGISLATURE ALSO FINDS THAT PHTHALATES ARE CHEMICALS USED TO PLAS-
TICIZE SOME FOOD CONTAINERS, PLASTIC WRAP, TOYS, SHAMPOOS, PERFUMES AND
BEAUTY PRODUCTS. SUCH CHEMICALS HAVE BEEN SHOWN TO HAVE HORMONE DISRUPT-
ING EFFECTS.
2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
ANY TOY OR CHILD CARE PRODUCT CONTAINING BISPHENOL-A, INTENDED FOR USE
BY A CHILD UNDER FOURTEEN YEARS OF AGE.
3. FOR THE PURPOSES OF THIS SECTION, "PHTHALATES" MEANS
DI(2-ETHYLHEXYL) PHTHALATE (DEHP), DIBUTYL PHTHALATE (DBP), BENZYL BUTYL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01682-01-5
A. 3359 2
PHTHALATE (BBP), DIISONONYL PHTHALATE (DINP), DIISODECYL PHTHALATE
(DIDP), OR DI-N-OCTYL PHTHALATE (DNOP).
4. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
ANY TOY OR CHILD CARE PRODUCT CONTAINING ANY INDIVIDUAL PHTHALATE OR
MULTIPLE PHTHALATES IN CONCENTRATIONS IN EXCESS OF 0.1 PERCENT.
5. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
ANY TOY OR CHILD CARE PRODUCT CONTAINING ANY INDIVIDUAL PHTHALATE OR
MULTIPLE PHTHALATES IN CONCENTRATIONS IN EXCESS OF 0.1 PERCENT, INTENDED
FOR USE BY A CHILD UNDER FOURTEEN YEARS OF AGE WHEN SUCH TOY OR PRODUCT
MAY BE PLACED IN THE CHILD'S MOUTH.
6. EVERY MANUFACTURER OF A PRODUCT OR TOY PROHIBITED BY THIS SECTION
SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A OR PHTHALATE IN
THE TOY OR PRODUCT. SUCH ALTERNATIVE SHALL NOT BE (I) A CARCINOGEN RATED
BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A, B OR C CARCI-
NOGENS, OR SUBSTANCES LISTED AS KNOWN OR LIKELY CARCINOGENS, KNOWN TO BE
HUMAN CARCINOGENS, LIKELY TO BE HUMAN CARCINOGENS OR SUGGESTIVE OF BEING
HUMAN CARCINOGENS, AS DESCRIBED IN THE "LIST OF CHEMICALS EVALUATED FOR
CARCINOGEN POTENTIAL"; OR (II) REPRODUCTIVE TOXICANTS THAT CAUSE BIRTH
DEFECTS, REPRODUCTIVE HARM OR DEVELOPMENTAL HARM AS IDENTIFIED BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
7. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY
COMPANY OR CORPORATION WHICH VIOLATES ANY PROVISION OF THIS SECTION
SHALL BE LIABLE FOR A CIVIL FINE OF NOT LESS THAN TEN THOUSAND DOLLARS
FOR EACH DAY OF SUCH VIOLATION.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.