NY State Senate Bill 2017-S86

Senate Bill S86

2017-2018 Legislative Session

Prohibits the sale or offering for sale of toys, and liquids, foods and beverages in containers, for children 3 or younger, containing bisphenol A

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Jan 04, 2017	referred to environmental conservation

co-Sponsors

2017-S86 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§37-0503 & 37-0505, ren §§37-0507, 37-0509 & 37-0511 to be §§37-0511, 37-0513 & 37-0515, add §§37-0507 & 37-0509, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5387
2013-2014: S3533
2015-2016: S2764
2019-2020: S1076

2017-S86 (ACTIVE) - Summary

Prohibits the sale or offering for sale of toys, liquids, foods and beverages in containers, for children 3 or younger, containing bisphenol A; requires manufacturers of products containing bisphenol A to use the least toxic alternative chemical compound to replace bisphenol A.

2017-S86 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S86

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
regulation of toys, and food and beverage containers containing
bisphenol A

 PURPOSE :

The bill would prohibit the manufacture, distribution and sale of
toys, food and beverage containers containing bisphenol-A intended for
children three years of age or younger.

 SUMMARY OF PROVISIONS :

The bill amends Article 37 of the Environmental Conservation Law to
add toys and food and beverage containers to the current prohibition
for the manufacture, distribution, sale or offer for sale of any child
care product containing BPA. One year waivers from the ban in food and
beverage containers are allowed by DEC if there are no available
substitutes for BPA. BPA in toys would be banned after December 1,
2017 and in food and beverage containers by December 1, 2018.

The bill also prohibits manufacturers from replacing BPA with another
chemical compound that is a known human carcinogen, a developmental

toxin, an endocrine disruptor or a reproductive toxin; and requires
them to use the least toxic alternative for EPA. DEC is required to
provide information on least toxic alternatives that meet the above
criteria. These provisions also apply to the original law regulating
child care products.

 JUSTIFICATION :

Bisphenol-A is an estrogen-mimicking endocrine disrupter chemical used
in the production of epoxy resigns and polycarbonate plastics and is
the main ingredient in hard polycarbonate plastics. BPA has been
linked to breast and prostate cancer, early-onset puberty and
polycystic ovary syndrome. These plastics are used in toys as well as
many food and drink packaging applications. This chemical has been
shown to be present in most of the population. The age of three
reflects the type of products that are used by infants and very young
children. This bill will significantly reduce the risk posed to
children by this chemical.

Maryland passed a 2010 law that prohibits the manufacture, sale and
distribution of any child's toy or child care product containing BPA,
requires the least toxic alternative, and prohibits replacement to BPA
that is a known human carcinogen, a developmental toxin, an endocrine
disruptor or a reproductive toxin. Vermont enacted a 2010 law that
includes a prohibition for BPA in infant formula or baby food
containers. In addition to New York twelve states (California,
Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts,
Minnesota, Nevada, Vermont, Washington and Wisconsin) and the District
of Columbia, as well as Schenectady, Albany, Rockland and Suffolk
Counties in New York, have already passed laws prohibiting BPA in
plastic food containers for infants.  The EPA is considering whether
to restrict BPA in canned food and other containers, including infant
formula containers.

 PRIOR LEGISLATIVE HISTORY :

S.2764 of 2015-2016 (Hoylman): Died in Environmental Conservation
S.3533-A of 2013-14 (O'Brien): Died in Environmental Conservation.

 FISCAL IMPACT :
None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S86 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    86
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens. HOYLMAN, 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 toys, and food and beverage containers containing bisphenol
   A
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 37-0503 of the environmental conservation law, as
 added by chapter 280 of the laws of 2010, is amended to read as follows:
 § 37-0503. Definitions.
   As used in this title[, "child]:
   1. "CHILD care product" means  all  pacifiers  and  unfilled  beverage
 containers to be used by children under three years old for the consump-
 tion  of  liquids  including pacifiers, baby bottles, baby bottle liners
 and cups, cup lids, straws and sippy cups.
   2. "TOY" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY  THE  MANUFACTURER
 TO BE USED FOR PLAY BY CHILDREN THREE YEARS OF AGE AND YOUNGER.
   §  2.  Section 37-0505 of the environmental conservation law, as added
 by chapter 280 of the laws of 2010, is amended to read as follows:
 § 37-0505. Child care products AND TOYS.
   1. Beginning December first, two thousand ten, no person, firm,  part-
 nership,  association,  limited  liability  company or corporation shall
 sell or offer for sale any child care product  intended  for  use  by  a
 child three years of age or younger containing bisphenol A.
   2.  BEGINNING DECEMBER FIRST, TWO THOUSAND SEVENTEEN, NO PERSON, FIRM,
 PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
 SELL OR OFFER FOR SALE ANY TOY CONTAINING BISPHENOL A.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05304-01-7

 S. 86                               2
 
   3. The provisions of this section shall  not  apply  to  the  sale  or
 distribution  of  child  care  products resold or offered for resale, or
 distributed by consumers for consumer use.
   §  3.  Sections  37-0507,  37-0509  and  37-0511  of the environmental
 conservation law are renumbered sections 37-0511, 37-0513  and  37-0515,
 and two new sections 37-0507 and 37-0509 are added to read as follows:
 § 37-0507. FOOD AND BEVERAGE CONTAINERS.
   1.  BEGINNING  DECEMBER FIRST, TWO THOUSAND EIGHTEEN, NO PERSON, FIRM,
 PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
 SELL OR OFFER FOR SALE ANY LIQUID, FOOD OR BEVERAGE IN  A  CAN,  JAR  OR
 OTHER  CONTAINER  CONTAINING BISPHENOL A IF THE LIQUID, FOOD OR BEVERAGE
 IS DESIGNED OR INTENDED PRIMARILY  FOR  CONSUMPTION  BY  CHILDREN  THREE
 YEARS OF AGE OR YOUNGER.
   2.  A  MANUFACTURER  OF A PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
 SUBDIVISION ONE OF THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR  WAIVER
 OF  THE  REQUIREMENTS OF SUCH SUBDIVISION FOR A PERIOD OF ONE YEAR, UPON
 PROOF THAT THERE ARE NO AVAILABLE ALTERNATIVES TO  BISPHENOL  A  IN  THE
 MANUFACTURE  OF  THE  CAN, JAR OR OTHER CONTAINER THAT IS SUBJECT TO THE
 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.  AFTER  THE  GRANTING  OF
 SUCH  A  WAIVER TO A MANUFACTURER, IT MAY THEREAFTER APPLY FOR ONE ADDI-
 TIONAL ONE YEAR WAIVER.
 § 37-0509. ALTERNATIVES TO BISPHENOL A.
   1. A MANUFACTURER OF A PRODUCT PROHIBITED TO BE SOLD  OR  OFFERED  FOR
 SALE PURSUANT TO THIS TITLE SHALL:
   A.  NOT  REPLACE  BISPHENOL  A WITH ANOTHER CHEMICAL COMPOUND THAT HAS
 BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS  CLAS-
 SIFIED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
 MENTAL TOXIN, AN ENDOCRINE DISRUPTER OR A REPRODUCTIVE TOXIN;
   B. USE THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND  TO  REPLACE
 BISPHENOL A;
   C.  PROVIDE,  TO THE DEPARTMENT PRIOR TO THE MANUFACTURE OF SUCH PROD-
 UCT, INFORMATION ON SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND; AND
   D. NOT MANUFACTURE SUCH PRODUCT UNTIL THE DEPARTMENT SHALL HAVE CERTI-
 FIED SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHENOL
 A.
   2. EVERY LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE  BISPHE-
 NOL A CERTIFIED BY THE DEPARTMENT SHALL:
   A. BE THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
   B.  NOT BE A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED STATES
 ENVIRONMENTAL PROTECTION AGENCY, A  DEVELOPMENTAL  TOXIN,  AN  ENDOCRINE
 DISRUPTER OR A REPRODUCTIVE TOXIN.
   3.  THE  DEPARTMENT  SHALL REGULARLY UPDATE ITS LISTING OF LEAST TOXIC
 CHEMICAL COMPOUNDS CERTIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 AND PROVIDE SUCH UPDATED LISTINGS TO MANUFACTURERS TO WHICH  SUBDIVISION
 ONE OF THIS SECTION APPLIES.
   § 4. This act shall take effect immediately.

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Senate Bill S86

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Sponsored By

Brad Hoylman-Sigal