S T A T E O F N E W Y O R K
________________________________________________________________________
1884
2017-2018 Regular Sessions
I N A S S E M B L Y
January 13, 2017
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Introduced by M. of A. KAVANAGH, WEPRIN, ROZIC, CRESPO, ABINANTI, OTIS,
JAFFEE, FAHY -- Multi-Sponsored by -- M. of A. GLICK, RAIA -- read
once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
banning formaldehyde in certain children's 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
FORMALDEHYDE PROHIBITION
SECTION 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
§ 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
1. DEFINITIONS. (A) "CHILDREN'S PRODUCT" MEANS A PRODUCT PRIMARILY
DESIGNED, INTENDED OR MARKETED BY A MANUFACTURER TO BE PHYSICALLY
APPLIED TO OR INTRODUCED INTO A CHILD'S BODY, OR USED BY A CHILD, SUCH
AS BABY PRODUCTS, TOYS, CAR SEATS, PERSONAL CARE PRODUCTS, A PRODUCT
DESIGNED OR INTENDED BY THE MANUFACTURER TO HELP A CHILD WITH SUCKING OR
TEETHING, TO FACILITATE SLEEP, RELAXATION, OR THE FEEDING OF A CHILD,
NOVELTY PRODUCTS, BEDDING, FURNITURE, FURNISHINGS, AND CHILDREN'S
APPAREL. "CHILDREN'S PRODUCT" DOES NOT INCLUDE (I) BATTERIES; OR (II)
CONSUMER ELECTRONIC PRODUCTS INCLUDING BUT NOT LIMITED TO PERSONAL
COMPUTERS, AUDIO AND VIDEO EQUIPMENT, CALCULATORS, WIRELESS PHONES, GAME
CONSOLES, AND HANDHELD DEVICES INCORPORATING A VIDEO SCREEN, USED TO
ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPHERALS; OR (III) A
FOOD OR BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGULATED BY THE
UNITED STATES FOOD AND DRUG ADMINISTRATION; OR (IV) A PESTICIDE REGU-
LATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; OR (V) A
DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION.
(B) "CHILD" MEANS ANY PERSON AGED TWELVE AND UNDER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02936-01-7
A. 1884 2
(C) "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL DELIBERATELY USED
IN THE FORMULATION OF A PRODUCT OR SUBPART OF A PRODUCT.
2. FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN. BEGINNING APRIL FIRST,
TWO THOUSAND NINETEEN, NO RETAILER MAY SELL OR OFFER FOR SALE IN THIS
STATE A CHILDREN'S PRODUCT THAT INTENTIONALLY CONTAINS: (A) FORMALDEH-
YDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
(B) INGREDIENTS THAT CHEMICALLY DEGRADE UNDER NORMAL CONDITIONS OF
TEMPERATURE AND PRESSURE TO RELEASE FREE FORMALDEHYDE AT LEVELS EXCEED-
ING 0.05 PERCENT.
§ 2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.