BILL NUMBER: S8227

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting the sale of child products containing organohal-
ogen flame retardant

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to eliminate the exposure of children to
certain flame retardants.

 
SUMMARY OF PROVISIONS:

Amends Article 37 of the Environmental Conservation Law to prohibit the
use of organhalogen flame retardants, which contain the element bromine
or chlorine, in children's products.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

              

Not applicable.

 
JUSTIFICATION:

The Legislature has acted consistently, most recently in 2011 with a
prohibition on the flame retardant TRIS, to prohibit the use of harmful
flame retardants in children's products. This legislation, which is
based on a Rhode Island law, would prohibit the use of Organohalogen
Flame Retardants (OFRs) in children's products. The federal Consumer
Product Safety Commission (CPSC) issued a public warning in September
2017 about the recognized health risks of OFRs stating, "The known
adverse health effects of these chemicals to consumers include: repro-
ductive impairment (e.g., abnormal gonadal development, reduced number
of ovarian follicles, reduced sperm count...); neurological impacts
(e.g. decreased IQ in children, impaired memory, learning deficits,
altered motor behavior, hyperactivity); endocrine disruption and inter-
ference with thyroid hormone action (potentially contributing to
diabetes and obesity); genotoxicity; cancer; and immune disorders. These
chemicals have a disproportionately negative health effect on vulnerable
populations, including children." In addition, the CPSC issued very
specific recommendations, stating, "Further, the Commission recommends
that, before purchasing such products for resale, importers, distribut-
ors, and retailers obtain assurances from manufacturers that such
products do not contain OFRs. Finally, the Commission recommends that
consumers, especially those who are pregnant or with young children,
inquire and obtain assurances from retailers that such products do not
contain OFRs." This legislation is intended to ensure that parents
making purchases in New York do not need to question whether products
contain OFRs by prohibiting their use in children's products.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL-GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.