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

                                  3585

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. TITONE, GOTTFRIED, BORELLI, McDONOUGH, RA, GALEF
  -- Multi-Sponsored by -- M. of A. CERETTO, LUPARDO, McLAUGHLIN -- 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 pet 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 PET 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. "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.
  2.  "CHEMICALS  OF  HIGH CONCERN" MEANS: (A) CHEMICALS INCLUDED IN THE
LIST OF "CHEMICALS OF HIGH  CONCERN"  PUBLISHED  IN  TWO  THOUSAND  NINE
PURSUANT  TO 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04252-01-5
              

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  3.  "DISTRIBUTOR"  MEANS  A  PERSON  WHO  SELLS PET PRODUCTS TO RETAIL
ESTABLISHMENTS ON A WHOLESALE BASIS.
  4.  "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.
  5. "MANUFACTURER" MEANS ANY  PERSON  WHO  CURRENTLY  MANUFACTURES  PET
PRODUCTS OR WHOSE BRAND NAME IS AFFIXED TO A PET PRODUCT. IN THE CASE OF
PET  PRODUCTS  THAT WERE IMPORTED INTO THE UNITED STATES, "MANUFACTURER"
INCLUDES THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PET  PRODUCTS
IF  THE  PERSON WHO CURRENTLY MANUFACTURES OR ASSEMBLES THE PET PRODUCTS
OR WHOSE BRAND NAME IS AFFIXED TO THE PET PRODUCTS DOES NOT HAVE A PRES-
ENCE IN THE UNITED STATES.
  6. "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.
  7. "PET APPAREL" MEANS ANY ITEM OF CLOTHING THAT CONSISTS OF FABRIC OR
RELATED MATERIAL INTENDED OR PROMOTED FOR USE IN PET CLOTHING.
  8. "PET PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR, MADE  FOR  OR
MARKETED  FOR  USE  BY A PET, SUCH AS TOYS, CAR SEATS, BEDDING, PERSONAL
CARE PRODUCTS, A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER 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 REGULATED  BY  THE
UNITED STATES FOOD AND DRUG ADMINISTRATION.
  9. "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)
  CASRN7439-98-7    MOLYBDENUM AND MOLYBDENUM COMPOUNDS
  CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS
  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.
  10. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER  TO
BE USED BY A PET AT PLAY.
S 37-0903. PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN.
  1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE  OF  THIS TITLE, THE DEPARTMENT SHALL POST LISTS OF PRIORITY CHEMI-
CALS 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, IDENTIFY ADDITIONAL PRIORITY CHEMICALS OR
CHEMICALS  OF HIGH CONCERN OR REMOVE A CHEMICAL FROM SUCH LISTS BASED ON
EVIDENCE THAT THE CHEMICAL IS NOT PRESENT IN A PET PRODUCT OR  OTHERWISE
SHOULD NOT BE SUBJECT TO THE REQUIREMENTS OF THIS TITLE.  NOTHING HEREIN
SHALL  PREVENT  THE DEPARTMENT FROM ACTING TO ADD SUCH CHEMICALS OUTSIDE
OF THE PERIODIC REVIEW PROCESS.

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  (B) IF A CHEMICAL IS REMOVED FROM THE LISTING  OF  CHEMICALS  OF  HIGH
CONCERN, IT SHALL ALSO BE UNDESIGNATED AS A PRIORITY CHEMICAL.
  (C)  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,  A  REPRODUCTIVE  OR  DEVELOPMENTAL TOXICANT OR AN
ENDOCRINE DISRUPTOR;
  (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
  (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
  (D) IN MAKING SUCH DETERMINATION, THE DEPARTMENT MAY CONSIDER  BUT  IS
NOT LIMITED TO CONSIDERING:
  (I)  CHEMICALS IDENTIFIED AS "GROUP 1 CARCINOGENS" OR "GROUP 2A CARCI-
NOGENS" BY THE  WORLD  HEALTH  ORGANIZATION,  INTERNATIONAL  AGENCY  FOR
RESEARCH ON CANCER;
  (II)  CHEMICALS IDENTIFIED AS "GROUP A CARCINOGENS" OR "GROUP B CARCI-
NOGENS" BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  (III) PERSISTENT, BIOACCUMULATIVE AND TOXIC  CHEMICALS  IDENTIFIED  BY
OTHER STATES OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AND
  (IV)  A VERY PERSISTENT, VERY BIOACCUMULATIVE CHEMICAL LISTED IN ANNEX
XIV, LIST OF SUBSTANCES SUBJECT TO  AUTHORISATION,  REGULATION  (EC)  NO
1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE REGISTRATION, EVALU-
ATION, AUTHORISATION AND RESTRICTION OF CHEMICALS.
S 37-0905. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
  1.  REPORTING  OF  CHEMICAL  USE.  NO LATER THAN TWELVE MONTHS AFTER A
PRIORITY CHEMICAL IS LISTED ON THE LIST PUBLISHED  PURSUANT  TO  SECTION
37-0903  OF  THIS TITLE, EVERY MANUFACTURER WHO OFFERS A PET PRODUCT FOR
SALE OR DISTRIBUTION IN THIS STATE THAT CONTAINS AN INTENTIONALLY  ADDED
PRIORITY  CHEMICAL SHALL REPORT SUCH CHEMICAL USE TO THE DEPARTMENT. 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 PET PRODUCT, THE PRIOR-
ITY CHEMICAL OR CHEMICALS CONTAINED IN THE PET PRODUCT, AND THE INTENDED
PURPOSE OF THE CHEMICALS IN THE PET PRODUCT.   THE DEPARTMENT  MAY  ALSO
REQUIRE REPORTING OF THE FOLLOWING INFORMATION:
  (I)  THE  POTENTIAL FOR HARM TO ANIMAL HEALTH AND THE ENVIRONMENT FROM
SPECIFIC USES OF THE PRIORITY CHEMICAL;
  (II) THE AMOUNT OF SUCH CHEMICAL IN EACH  UNIT  OF  THE  PET  PRODUCT,
EXPRESSED IN A RANGE;
  (III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
FROM  THE PET PRODUCT TO THE ENVIRONMENT DURING THE PRODUCT'S LIFE CYCLE
AND THE EXTENT TO WHICH USERS OF THE PRODUCT ARE LIKELY TO BE EXPOSED TO
THE CHEMICAL; OR
  (IV) INFORMATION ON THE EXTENT TO WHICH THE CHEMICAL IS PRESENT IN THE
ENVIRONMENT OR ANIMAL BODY.
  (B) THE DEPARTMENT IS AUTHORIZED TO DIRECT SUBMISSION  OF  A  COPY  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.

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  3.  NOTICE  TO RETAILERS. A MANUFACTURER OF A PET PRODUCT CONTAINING A
PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER THE PET  PRODUCTS  FOR
SALE  OR  DISTRIBUTION IN THE STATE, IN A FORM PRESCRIBED BY THE DEPART-
MENT, 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 SIX HUNDRED DOLLARS PER CHEMI-
CAL.
S 37-0907. SALES PROHIBITION.
  EFFECTIVE JANUARY 1, 2019, NO PERSON SHALL DISTRIBUTE, SELL  OR  OFFER
FOR  SALE IN THIS STATE PET PRODUCTS CONTAINING A PRIORITY CHEMICAL THAT
HAS BEEN LISTED FOR AT LEAST ONE YEAR.
S 37-0909. APPLICABILITY.
  1. NEW PET PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY TO CHEM-
ICALS IN PET PRODUCTS SOLD OR DISTRIBUTED AS NEW AND DOES NOT  APPLY  TO
USED  PET  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 FOR PETS 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. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS THAT RETAILER KNOWINGLY SELLS A PET 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  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 PET PRODUCT FROM THIS PROHI-
BITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK OF  AVAILABILITY  OF
THE 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 PET
PRODUCT  IS  BEING  OFFERED  FOR  SALE  IN  VIOLATION OF THIS TITLE, THE
DEPARTMENT MAY REQUEST THE MANUFACTURER OF THE 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 PET PRODUCT DOES NOT CONTAIN THE  PRIORITY  CHEMI-
CAL; OR
  (B)  ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT NOTIFI-
CATION OF THE PRESENCE OF THE PRIORITY CHEMICAL HAS BEEN PROVIDED TO THE

A. 3585                             5

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 PET PRODUCT IS PROHIBITED.
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 PET 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  PET  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.