S T A T E O F N E W Y O R K
________________________________________________________________________
3585--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. TITONE, GOTTFRIED, McDONOUGH, RA, GALEF, ZEBROW-
SKI, O'DONNELL, DINOWITZ, MOSLEY, CUSICK, COLTON, STECK, COOK, CORWIN,
ARROYO, KEARNS -- Multi-Sponsored by -- M. of A. BRENNAN, CERETTO,
GLICK, LAWRENCE, LUPARDO, MAGEE, MALLIOTAKIS, MARKEY, McLAUGHLIN,
PERRY, SOLAGES, STIRPE, THIELE -- read once and referred to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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"
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04252-02-6
A. 3585--A 2
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
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
A. 3585--A 3
of the chemicals in the children's product OR PET PRODUCT category. The
department may also require reporting of the following information:
(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
A. 3585--A 4
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. 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
A. 3585--A 5
regarding chemicals contained in children's products OR PET PRODUCTS
disclosed pursuant to section 37-0905 of this title.
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.