NY State Senate Bill 2017-S7660

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2018	referred to environmental conservation

2017-S7660 (ACTIVE) - Details

See Assembly Version of this Bill:: A7739
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0915, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4676, A3585
2019-2020: A7876
2021-2022: A721
2023-2024: A773
2025-2026: A1976

2017-S7660 (ACTIVE) - Summary

Relates to regulation of toxic chemicals in pet products; establishes the interstate chemical clearinghouse.

2017-S7660 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7660

SPONSOR: AVELLA
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to regulation of toxic chemicals in pet products

 
PURPOSE:

This bill would prevent the sale and distribution of pet products which
contain any of the toxic chemicals outlined in this legislation.

 
SUMMARY OF PROVISIONS:

Section I -

-Defines and lists chemicals in pet products, which have toxic effects.

-Empowers the department to keep this list public and update it with new
findings.

-Mandates those manufacturers of toxic pet products inform their retail-

ers of the chemicals' toxicity.

-After 120 days prohibits sale and distribution of toxic pet products
without written notification of toxicity by the manufacturer.

-By 2020 prohibits sale and distribution of new pet products, which
contain a toxic chemical listed for more than a year by the department.

-Authorizes the commission to participate in an interstate chemical
clearinghouse to collect and disseminate information on chemical toxici-
ty in pet products.

Section II -

-Establishes the effective date as 120 days after becoming law.

 
JUSTIFICATION:

In the last few years, children's products have come under intense scru-
tiny for the effects of the chemicals they contain.  Unfortunately, pet
products have not been subject to the same standards of regulation,
despite evidence of toxic chemicals in many common pet products. Dogs in
particular have been found to be the most susceptible to the dangers of
toxic products, particularly "Greenies," Nylabones, rawhide, fetching
batons, and many products used to kill ticks and fleas, including but
not limited to collars, sprays, and dusts. Enacting regulations on pet
products would not only protect pets but also young children who come
into contact with pet toys.

The poisons in many of these products are not safe, either for pets or
humans. Across the United States, thousands of acute toxic poisonings
have been logged at poison control centers. Government regulation of
these products has been lackluster, and testing of their impact in the
home has been inadequate. The result is that many of the products sold
by the millions in grocery, drug and pet supply stores, even when
applied as instructed on the box, can cause serious health consequences
to pets and people, especially children.

Studies conducted by the Natural Resources Defense Council in 2009
uncovered health issues stemming from products that rely on two specific
chemical families called organophosphates and carbamates.  These chemi-
cals kill fleas and ticks by interfering with the transmission of nerve
signals. Since the chemical process they attack is common to insects,
humans, dogs and cats, they harm more than just fleas and ticks. The
April 2009 paper Poison on Pets H detailed a first-of-its-kind study by
NRDC showing that high levels of pesticide residue can remain on a dog's
or cat's fur for weeks after a flea collar is put on an animal. These
chemicals pose long-term hazards to animals and human including brain
and nervous system damage, and the potential for cancer. Residue levels
produced by some flea collars are so high that they pose a risk of
cancer and damage to the neurological system of children up to 1,000
times higher than the EPA's acceptable levels.

Children, and particularly toddlers, are especially vulnerable to the
chemicals used to kill fleas and ticks for two reasons: their nervous
systems are still developing, allowing greater and more lasting damage,
and children's normal behavior brings them in close contact with their
pets, and therefore to any poisons applied to those pets.  Specifically,
toddlers' hand-to-mouth tendencies make it easy for toxins to be ingest-
ed. Because children spend their time where the toxins from pet products
tend to accumulate crawling on rugs, playing with pet toys, touching
accumulations of household dust, and more - they are likely to come in
contact with these poisons even when not touching a pet.

In September 2009 the Michigan-based Ecology Center, a nonprofit envi-
ronmental organization that analyzes toxins in children's toys and other
consumer goods, tested hundreds of pet toys, tennis balls, beds, collars
and leashes. From the more than 400 pet products tested, 45% had detect-
able levels of one or more hazardous toxins, including arsenic, chlorine
and bromine. Studies have linked those chemicals to reproductive prob-
lems, developmental and learning disabilities, liver toxicity and
cancer. Of the tennis balls tested, 48% contained detectable levels of
lead. Researchers discovered that tennis balls made specifically for
pets were more likely to contain lead than "sports" tennis balls. None
of the "sports" tennis balls tested contained any lead. While 1/4 of all
the products had detectable levels of lead, 7% of all pet products had
lead levels higher than the 300 ppm allowed in children's toys. The
lettering on one "pet" tennis ball, for example, contained 2,696 ppm of
lead and 262 ppm of arsenic. Nearly half of the pet collars tested had
detectable levels of lead; 27% had lead levels that exceeded 300 ppm.

The findings by the Ecology Center prompted Dr. Safdar Kahn, the Senior
Director of Toxicology at the ASPCA Animal Poison Control Center, to
express support for regulation of pet products. Dr. Kahn's own research
has shown that if there are excessive amounts of lead in a toy, dogs are
at particularly high risk of overexposure to lead, as they like to chew
on things, lick things, and carry toys in their mouths. Some health
problems associated with canine lead toxicity include vomiting, weight
loss, anemia, seizures and permanent neurological damage.

A 2012 study conducted by researchers from The Institute of Environ-
mental and Human Health at Texas Tech found that BPA and phthalates, the
chemicals used to give elasticity to plastic and vinyl, can lead to
serious or lethal health disruptions in pets. The study further found
that aging or weathering increased the concentration of toxic chemicals
in these products, and that these chemicals can have adverse effects on
developing fetuses. The Texas Tech study raised questions about how much
of the chemicals are introduced to a pets' body while chewing on an
affected product, as well as how BPA and phthalates affect pets over a
long period of time. Though similar studies on humans remain inconclu-
sive, they have raised enough serious concern to warrant banning the use
of BPA in baby bottles.  Many in the pet industry agree there should be
guidelines for lead and other worrisome chemicals in pet toys.

These studies illustrate why chemical safety standards are needed for
chew toys and other pet products. As bad as these products may be for
pet owners and caregivers, they often are worse for the pets themselves.
Based on the very limited data available, it appears that hundreds and
probably thousands of pets have been injured or killed through exposure
to pet products containing pesticides. As with small children, pets
cannot report when they are being poisoned at low doses. The threat
posed to humans and pets by the poisons in commonly available products
is intolerable and unnecessary.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect 120 days after it becomes law.

2017-S7660 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7660
 
                             I N  S E N A T E
 
                             February 5, 2018
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed 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.
 § 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) 1,1,2,2-TETRACHLOROETHANE (CAS 79-34-5)
   (A-1) 1,2-DIBROMOETHANE (CAS 106-93-4)
   (A-2)  1,1,3,3-TETRAMETHYL-4-BUTYLPHENOL; 4-TERT-OCTYLPHENOL (CAS 140-
 66-9)
   (A-3) (1,1,3,3 - TETRAMETHYLBUTYL) PHENOL; OCTYLPHENOL (CAS
 27193-28-8)
   (A-4) 1,3-BUTADIENE (CAS 106-99-0)
   (B) 1,4-DIOXANE (CAS 123-91-1)
   (C)  2,2',3,3',4,4',5,5',6,6'-DECABROMODIPHENYL  ETHER;  BDE-209  (CAS
 1163-19-5)

   (D) 2,4-DIAMINOTOLUENE (CAS 95-80-7)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11307-01-7

 S. 7660                             2
 
   (D-1) 2,4-DIHYDROXYBENZOPHENONE; RESBENZOPHENONE (CAS 131-56-6)
   (E) 2-AMINOTOLUENE (CAS 95-53-4)
   (F) 2-ETHYLHEXANOIC ACID (CAS 149-57-5)
   (G) 2-ETHYL-HEXYL-4-METHOXYCINNAMATE (CAS 5466-77-3)
   (G-1) 2-NAPTHYLAMINE (CAS 91-59-8)
   (H) 2-METHOXYETHANOL (CAS 109-86-4)
   (I)     3,3'-DIMETHYLBENZIDINE     AND     DYES     METABOLIZED     TO
 3,3'-DIMETHYLBENZIDINE (CAS 119-93-7)
   (I-1) 4-HYDROXYBIPHENOL (CAS 92-69-3)
   (J)  4-NONYLPHENOL;  4-NP  AND  ITS  ISOMER  MIXTURES  INCLUDING   CAS
 84852-15-3 AND CAS 25154-52-3 (CAS 104-40-5)
   (J-1) 4,4-METHYLENEBIS(2-CHLOROANILINE) (CAS 101-14-4)
   (K)    4-TERT-OCTYLPHENOL;    1,1,3,3-TETRAMETHYL-4-BUTYLPHENOL   (CAS
 140-66-9)
   (L) ACETALDEHYDE (CAS 75-07-0)
   (M) ACRYLONITRILE (CAS 107-13-1)
   (N) ANILINE(CAS 62-53-3)
   (O) ANTIMONY & ANTIMONY COMPOUNDS (CAS 7440-36-0)
   (P) ARSENIC & ARSENIC  COMPOUNDS  (CAS  7440-38-2)  INCLUDING  ARSENIC
 TRIOXIDE & DIMETHYL ARSENIC (CAS 75-60-5)
   (Q) ASBESTOS (CAS 1332-21-4)
   (R) BENZENE (CAS 71-43-2)
   (S) BENZENE, PENTACHLORO (CAS 608-93-5)
   (S-1) BENZIDINE AND ITS SALTS (CAS 92-87-5)
   (T)  BENZOPHENONE-2  (BP-2);  2,2',4,4'-TETRAHYDROXYBENZOPHENONE  (CAS
 131-55-5)
   (U) BISPHENOL A (CAS 80-05-7)
   (V) BUTYL BENZYL PHTHALATE (BBP) (CAS 85-68-7)
   (W) BUTYL PARABEN (CAS 94-28-6)
   (X) BUTYLATED HYDROXYANISOLE; (BHA) (CAS 25013-16-5)
   (Y) C.I. SOLVENT YELLOW 14 (CAS 842-07-9)
   (Z) CADMIUM & CADMIUM COMPOUNDS (CAS 7440-43-9)
   (AA) CARBON DISULFIDE (CAS 75-15-0)
   (BB) COBALT & COBALT COMPOUNDS (CAS 7440-48-4)
   (CC) DI-2-ETHYLHEXYL PHTHALATE (CAS 117-81-7)
   (DD) DIBUTYL PHTHALATE (CAS 84-74-2)
   (DD-1) DICYCLOHEXYL PHTHALATE (DCHP) (CAS 84-61-7)
   (EE) DIETHYL PHTHALATE (CAS 84-66-2)
   (FF) DIISODECYL PHTHALATE (DIDP) (CAS 26761-40-0)
   (GG) DIISONONYL PHTHALATE (DINP) (CAS 28553-12-0)
   (HH) DI-N-HEXYL PHTHALATE (CAS 84-75-3)
   (II) DI-N-OCTYL PHTHALATE (DNOP) (CAS 117-84-0)
   (II-1) EPICHLOROHYDRIN (CAS 106-98-9)
   (JJ) ESTRAGOLE (CAS 140-67-0)
   (KK) ETHYL PARABEN (CAS 120-47-8)
   (LL) ETHYLBENZENE (CAS 100-41-4)
   (MM) ETHYLENE GLYCOL (CAS 107-21-1)
   (NN) ETHYLENE GLYCOL MONOETHYL ESTER (CAS 110-80-5)
   (OO) FORMALDEHYDE (CAS 50-0-0)
   (PP) HEXABROMOCYCLODODECANE (HBCD) (CAS 25637-99-4)
   (QQ) HEXACHLOROBENZENE (CAS 118-74-1)
   (RR) HEXACHLOROBUTADIENE (CAS 87-68-3)
   (SS) LEAD & LEAD COMPOUNDS (CAS 7439-92-1)
   (TT) MERCURY & MERCURY  COMPOUNDS  (CAS  7439-97-6)  INCLUDING  METHYL
 MERCURY (CAS 22967-92-6)
   (UU) METHYL ETHYL KETONE (CAS 78-93-3)

 S. 7660                             3
 
   (VV) METHYL PARABEN (CAS 99-76-3)
   (WW) METHYLENE CHLORIDE (CAS 75-09-2)
   (WW-1) METHYL TERT-BUTYL ETHER (MTBE) (CAS 1634-04-4)
   (XX) MOLYBDENUM & MOLYBDENUM COMPOUNDS (CAS 7439-98-7)
   (XX-1) MONO-N-BUTYLPHTHALATE (CAS 131-70-4)
   (YY) N-METHYLPYRROLIDONE (CAS 872-50-4)
   (YY-1) NICKEL AND NICKEL COMPOUNDS (CAS N/A)
   (ZZ) N-NITROSODIMETHYLAMINE (CAS 62-75-9)
   (AAA) N-NITROSODIPHENYLAMINE (CAS 86-30-6)
   (BBB) OCTAMETHYLCYCLOTETRASILOXANE (CAS 556-67-2)
   (CCC) PARA-CHLOROANILINE (CAS 106-47-3)
   (DDD) PERCHLOROETHYLENE (CAS 127-18-4)
   (EEE)  PERFLUOROOCTANYL SULPHONIC ACID AND ITS SALTS (PFOS) (CAS 1763-
 23-1)
   (FFF) PHENOL (CAS 108-95-2)
   (GGG) PHENOL, 4-OCTYL- (CAS 1806-26-4)
   (HHH) PHTHALIC ANHYDRIDE (CAS 85-44-9)
   (III) P-HYDROXYBENZOIC ACID (CAS 99-96-7)
   (JJJ) PROPYL PARABEN (CAS 94-13-3)
   (JJJ-1) SILICA, CRYSTALLINE (IN THE FORM  OF  QUARTZ  OR  CRISTABOLITE
 DUST) (CAS 14808-60-7)
   (KKK) STYRENE (CAS 100-42-5)
   (LLL) TETRABROMOBISPHENOL A (CAS 79-94-7)
   (MMM) TOLUENE (CAS 108-88-3)
   (NNN) TRIS(1,3-DICHLORO-2-PROPYL) PHOSPHATE (CAS 13674-87-3)
   (OOO) TRIS(2-CHLOROETHYL) PHOSPHATE (CAS 115-96-8)
   (PPP) VINYL CHLORIDE (CAS 75-01-4)
   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

 S. 7660                             4
 
   CASRN7439-92-1    LEAD AND COMPOUNDS (INORGANIC)
   CASRN7439-97-6    MERCURY AND MERCURY COMPOUNDS, INCLUDING METHYL
                     MERCURY (CASRN 22967-92-6)
   CASRN50-00-0      FORMALDAHYDE
   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.
 § 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.
   (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.
 § 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

 S. 7660                             5
 
 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.
   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.
 § 37-0907. SALES PROHIBITION.
   EFFECTIVE  JANUARY  1, 2020, 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.
 § 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.

 S. 7660                             6
 
   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.
 § 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
 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.
 § 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.
 § 37-0915. REGULATIONS.
   THE  DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
 TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   § 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S7660

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2017-S7660 (ACTIVE) - Details

2017-S7660 (ACTIVE) - Summary

2017-S7660 (ACTIVE) - Sponsor Memo

2017-S7660 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2017-S7660

Senate Bill S7660

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2017-S7660 (ACTIVE) - Details

2017-S7660 (ACTIVE) - Summary

2017-S7660 (ACTIVE) - Sponsor Memo

2017-S7660 (ACTIVE) - Bill Text download pdf

Comments