NY State Senate Bill S501B

Archive: Last Bill Status - Signed by Governor

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

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.

Leave this field blank

Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2020	approval memo.100 signed chap.756
Dec 30, 2019	delivered to governor
Apr 30, 2019	returned to senate passed assembly ordered to third reading cal.207 substituted for a6296a referred to ways and means delivered to assembly passed senate
Apr 29, 2019	advanced to third reading
Apr 10, 2019	2nd report cal. amended 501b
Apr 09, 2019	1st report cal.457
Mar 28, 2019	print number 501a
Mar 28, 2019	amend and recommit to environmental conservation
Jan 09, 2019	referred to environmental conservation

Votes

view votes

Apr 30, 2019 - floor Vote

S501B

floor

Aye

Nay

Absent

Excused

Abstained

Apr 9, 2019 - Environmental Conservation committee Vote

S501A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S501 - Details

See Assembly Version of this Bill:: A6296
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0913, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7507, A5612
2017-2018: S1454, A8266

S501 - Summary

Relates to regulation of toxic chemicals in children's products.

S501 - Sponsor Memo

 
BILL NUMBER: S501

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to regulation of toxic chemicals in children's products

 
PURPOSE:

The purpose of this bill is to provide greater regulation of children's
products.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill:

*defines children's apparel as "any item of clothing that consists of
fabric or related material intended or promoted for use in children's
clothing;"

*defines children as "a person or persons aged twelve and under;"

*defines children's product as "a product primarily intended for, made
for or marketed for use by children, such as baby products, toys, car
seats, personal care products, a product designed or intended by the
manufacturer to help a child with teething, to facilitate sleep, relaxa-
tion, or the feeding of a child, novelty products, bedding, furniture,
furnishings, and children's apparel;"

*requires the Department of Environmental Conservation (DEC) to post
lists of dangerous chemicals and chemicals of concern on the Depart-
ment's website within 180 days of the effective date of this title;

*allows DEC, in consultation with the Department of Health to period-
ically review the list of dangerous chemicals and chemicals of concern
to identify or remove dangerous chemicals or chemicals of concern based
on credible scientific evidence;

*permits designation of a "dangerous chemical" if such chemical is:

o found to be present in humans;
o found to be present in household dust, indoor air, or drinking water;
o found to be present in fish, wildlife or the natural environment;
o found to be present in a consumer product or present in the home,
school or children's day care center;
o banned for sale in another state

*requires manufacturers that sell a children's product that contains an
intentionally added priority chemical, to report to the department, in a
form prescribed by the department, the following information:

o the identification of the product,
o the name of the priority chemical,
o the intended purpose of the chemicals

*requires manufacturer of children's products containing a priority
chemical to notify persons that offer the children's' products for sale
or distribution in the state, of the presence of such priority chemical,
and provide such persons with information regarding the toxicity of such
chemical;
*requires the manufacturer to pay a fee of $600 per chemical upon the
submission of chemical use reports or waiver requests;

*prohibits the sale, effective January 1, 2018, of children's products
containing a priority chemical; and,

*authorizes DEC to participate in an interstate chemical clearing house
to assist in carrying out this title

 
JUSTIFICATION:

Currently, New York prohibits the use of dangerous chemicals on a chemi-
cal-by-chemical basis. This approach is especially problematic for chil-
dren's products since children are often more vulnerable to smaller
amounts of chemicals. Several other states, including Washington, Cali-
fornia, and Maine have adopted more comprehensive chemical policies.
This legislation is modeled after those states and is intended to
prevent the use of dangerous chemicals and ensure the use of safer chem-
ical alternatives in children's products.

 
PRIOR LEGISLATIVE HISTORY:

2017/2018: S.1454-A (Avella)
2016/2017: S.7507 (Avella)
2017: A.8266 (Englebright)
2015: A.5612 (Englebright) - Passed the Assembly.
2013-14: A.6328 (Sweeney) - Passed the Assembly.
2012: A.3141-A (Sweeney) - Passed the Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal implications. The State already funds the Interstate Chemical
Clearinghouse.

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become
law.

S501 - Bill Text download pdf


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

                                   501

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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 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
                 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0901. DEFINITIONS.
        37-0903. CONSUMER NOTICE.
        37-0905. REPORTING ON THE USE OF CHEMICALS.
        37-0907. SALES PROHIBITION.
        37-0909. APPLICABILITY.
        37-0911. ENFORCEMENT AND IMPLEMENTATION.
        37-0913. REGULATIONS.
§ 37-0901. DEFINITIONS.
  AS  USED  IN  THIS  TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
  1. "CHILDREN'S APPAREL" MEANS ANY ITEM OF CLOTHING  THAT  CONSISTS  OF
FABRIC  OR  RELATED  MATERIAL INTENDED OR PROMOTED FOR USE IN CHILDREN'S
CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
TO PREVENT INJURY, INCLUDING,  BUT  NOT  LIMITED  TO,  BICYCLE  HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
  2.  "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.
  3. "CHEMICALS OF CONCERN" MEANS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD05551-01-9

S. 501                              2

  (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)
  (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)

S. 501                              3

  (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)
  (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)
  4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
  5. "CHILDREN'S PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED  FOR,  MADE
FOR  OR  MARKETED  FOR USE BY CHILDREN, SUCH AS BABY PRODUCTS, TOYS, CAR
SEATS, SCHOOL SUPPLIES, 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,  AND  CHIL-
DREN'S  NOVELTY PRODUCTS, CHILDREN'S JEWELRY, CHILDREN'S BEDDING, FURNI-
TURE, FURNISHINGS, AND APPAREL.  "CHILDREN'S PRODUCT" DOES  NOT  INCLUDE
(A)  BATTERIES;  OR  (B)  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  (C)  A  FOOD  OR  BEVERAGE OR AN ADDITIVE TO A FOOD OR
BEVERAGE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION; OR
(D) A TOBACCO PRODUCT; OR (E) A PESTICIDE REGULATED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY.   "CHILDREN'S PRODUCT"  ALSO  DOES  NOT
INCLUDE  A  DRUG,  BIOLOGIC  OR  MEDICAL  DEVICE REGULATED BY THE UNITED
STATES FOOD AND DRUG ADMINISTRATION.

S. 501                              4

  6. "DISTRIBUTOR" MEANS A  PERSON  WHO  SELLS  CHILDREN'S  PRODUCTS  TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  7.  "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.
  8. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A  CHIL-
DREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE CHILDREN'S PRODUCT.
IN  THE  CASE  OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE UNITED
STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR FIRST DOMESTIC DISTRIBU-
TOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO  CURRENTLY  MANUFACTURES
OR  ASSEMBLES  THE  CHILDREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO
THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
  9. "DANGEROUS 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)
  CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS
  CASRN50-00-0      FORMALDEHYDE
  CASRN1332-21-4    ASBESTOS
  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 CHILDREN AT PLAY.
§ 37-0903. CONSUMER NOTICE.
  1. PUBLISHING OF LISTS. WITHIN ONE HUNDRED EIGHTY DAYS OF  THE  EFFEC-
TIVE  DATE  OF  THIS TITLE, THE DEPARTMENT SHALL POST LISTS OF DANGEROUS
CHEMICALS AND CHEMICALS OF 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 DANGEROUS
CHEMICALS AND, THROUGH REGULATION, ADD OR REMOVE DANGEROUS CHEMICALS  OR
CHEMICALS OF CONCERN FROM SUCH LISTS.
  (B) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
IDENTIFY  A CHEMICAL AS A DANGEROUS CHEMICAL IF, UPON SUCH REVIEW, IT IS
PRESENT IN A CHILDREN'S PRODUCT AND MEETS ANY OF THE FOLLOWING CRITERIA:
  (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND  THROUGH  BIOMONI-
TORING TO BE PRESENT IN HUMANS;
  (II)  THE  CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS TO BE
PRESENT IN HOUSEHOLD DUST, INDOOR AIR, DRINKING WATER  OR  ELSEWHERE  IN
THE HOME ENVIRONMENT;
  (III)  THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT IN
FISH, WILDLIFE OR THE NATURAL ENVIRONMENT; OR
  (IV) THE SALE OR USE OF THE CHEMICAL OR A CHILDREN'S PRODUCT  CONTAIN-
ING  THE  CHEMICAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE
UNITED STATES BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
  (C) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
REMOVE A CHEMICAL FROM THE LIST OF DANGEROUS CHEMICALS IF, UPON  REVIEW,
IT  DETERMINES  ON  THE  BASIS OF CREDIBLE SCIENTIFIC EVIDENCE THAT SUCH

S. 501                              5

CHEMICAL NO LONGER MEETS THE CRITERIA FOR LISTING UNDER PARAGRAPH (B) OF
THIS SUBDIVISION.
  (D)  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE DEPARTMENT OF HEALTH
SHALL IDENTIFY A CHEMICAL AS A CHEMICAL OF 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, REPRODUCTIVE OR DEVELOPMENTAL TOXICANT, NEUROTOXI-
CANT, ASTHMAGEN, OR ENDOCRINE DISRUPTOR;
  (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
  (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
§ 37-0905. REPORTING ON THE USE OF CHEMICALS.
  1. REPORTING OF CHEMICAL USE. NO LATER  THAN  TWELVE  MONTHS  AFTER  A
DANGEROUS  CHEMICAL  APPEARS  ON  THE LIST PUBLISHED PURSUANT TO SECTION
37-0903 OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S  PROD-
UCT  FOR  SALE  OR  DISTRIBUTION IN THIS STATE THAT CONTAINS A DANGEROUS
CHEMICAL OR CHEMICAL OF CONCERN SHALL REPORT SUCH CHEMICAL  USE  TO  THE
DEPARTMENT.
  (A)  THIS  REPORT  MUST  AT  A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT
CATEGORY, THE DANGEROUS CHEMICAL OR CHEMICALS OF  CONCERN  CONTAINED  IN
THE  CHILDREN'S PRODUCT AND THE INTENDED PURPOSE OF SUCH CHEMICALS.  THE
DEPARTMENT MAY ALSO REQUIRE REPORTING OF THE FOLLOWING INFORMATION:
  (I) THE AMOUNT OF SUCH CHEMICAL IN THE CHILDREN'S PRODUCT; OR
  (II) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE  RELEASED
FROM THE CHILDREN'S PRODUCT TO THE ENVIRONMENT DURING THE PRODUCT'S LIFE
CYCLE  AND  THE EXTENT TO WHICH USERS OF THE PRODUCT CATEGORY ARE LIKELY
TO BE EXPOSED TO THE CHEMICAL.
  (B) THE DEPARTMENT IS AUTHORIZED TO DIRECT SUBMISSION 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
DANGEROUS 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.  (A)  A  MANUFACTURER OF A CHILDREN'S PRODUCT CONTAINING A
DANGEROUS CHEMICAL SHALL NOTIFY PERSONS THAT OFFER THE CHILDREN'S  PROD-
UCT  FOR  SALE OR DISTRIBUTION IN THE STATE, IN A FORM PRESCRIBED BY THE
DEPARTMENT, OF THE PRESENCE OF SUCH DANGEROUS CHEMICAL, AND PROVIDE SUCH
PERSONS WITH INFORMATION REGARDING THE TOXICITY OF SUCH CHEMICAL.
  (B) THE DEPARTMENT SHALL NOTIFY CONSUMERS  ABOUT  CHILDREN'S  PRODUCTS
CONTAINING  CHEMICALS  OF CONCERN AND DANGEROUS CHEMICALS. THE NOTIFICA-
TION SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE.
  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  FIVE  HUNDRED  DOLLARS  PER
REPORTED PRODUCT CATEGORY.
§ 37-0907. SALES PROHIBITION.
  1.  EFFECTIVE  JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO PERSON SHALL
DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE  A  CHILDREN'S  PRODUCT
CONTAINING  TRIS  (1,  3 DICHLORO-2-PROPYL) PHOSPHATE, BENZENE, LEAD AND
COMPOUNDS (INORGANIC), MERCURY AND MERCURY  COMPOUNDS  INCLUDING  METHYL
MERCURY, ANTIMONY AND ANTIMONY COMPOUNDS, FORMALDEHYDE, ASBESTOS, ARSEN-

S. 501                              6

IC  AND ARSENIC COMPOUNDS INCLUDING ARSENIC TRIOXIDE AND DIMETHYL ARSEN-
IC, CADMIUM, AND COBALT AND COBALT COMPOUNDS.  THIS PROVISION SHALL  NOT
APPLY TO A CHILDREN'S PRODUCT SOLELY BASED ON ITS CONTAINING AN ENCLOSED
BATTERY OR ENCLOSED ELECTRONIC COMPONENTS. THE COMMISSIONER MAY EXEMPT A
CHILDREN'S PRODUCT FROM THIS PROHIBITION IF, IN THE COMMISSIONER'S JUDG-
MENT,  THE  LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD POSE AN
UNREASONABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
  2. EFFECTIVE THREE YEARS AFTER BEING ADDED TO THE DANGEROUS  CHEMICALS
LIST,  NO PERSON SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THIS STATE
A CHILDREN'S PRODUCT THAT CONTAINS A CHEMICAL  ADDED  TO  THE  DANGEROUS
CHEMICALS LIST PURSUANT TO SECTION 37-0903 OF THIS TITLE.
§ 37-0909. APPLICABILITY.
  1.  NEW  CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY
TO CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND  DOES
NOT  APPLY  TO USED CHILDREN'S 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  DANGEROUS
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
  4.  COMBUSTION.  THE  REQUIREMENTS  OF  THIS  TITLE SHALL NOT APPLY TO
DANGEROUS CHEMICALS GENERATED SOLELY AS COMBUSTION BY-PRODUCTS  OR  THAT
ARE PRESENT IN COMBUSTIBLE FUELS.
  5. EXCEPTIONS. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO CHIL-
DREN'S  PRODUCT  MAKERS THAT EMPLOY FIVE PERSONS OR FEWER, AND ARE INDE-
PENDENTLY OWNED AND OPERATED.
  6. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS THAT RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT  CONTAINING  A
DANGEROUS 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  CHILDREN'S  PRODUCT CONTAINING A
DANGEROUS 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 CHILDREN'S PRODUCT FROM THIS
PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK OF AVAILABILITY
OF THE CHILDREN'S PRODUCT COULD POSE  AN  UNREASONABLE  RISK  TO  PUBLIC
HEALTH, SAFETY OR WELFARE.
  2.  STATEMENT  OF  COMPLIANCE.  IF THERE ARE GROUNDS TO SUSPECT THAT A
CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
THE DEPARTMENT MAY REQUEST THE MANUFACTURER OF THE CHILDREN'S 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 STATE-
MENT OF COMPLIANCE SHALL:
  (A) ATTEST THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE  DANGEROUS
CHEMICAL; OR
  (B)  ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT NOTIFI-
CATION OF THE PRESENCE OF THE DANGEROUS CHEMICAL HAS  BEEN  PROVIDED  TO

S. 501                              7

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 CHILDREN'S PRODUCT IS PROHIB-
ITED.
§ 37-0913. 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.

Co-Sponsors

S501A - Details

See Assembly Version of this Bill:: A6296
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0913, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7507, A5612
2017-2018: S1454, A8266

S501A - Summary

Relates to regulation of toxic chemicals in children's products.

S501A - Sponsor Memo

 
BILL NUMBER: S501A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to regulation of toxic chemicals in children's products

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to protect children's health.

 
SUMMARY OF PROVISIONS:

This bill:

defines children as "a person or persons aged twelve and under;"

defines children's product as "a product primarily intended for, made
for or marketed for use by children, such as baby products, toys, car
seats, personal care products, a product designed or intended by the
manufacturer to help a child with teething, to facilitate sleep, relaxa-
tion, or the feeding of a child, novelty products, bedding, furniture,

furnishings, and children's apparel;"

requires the Department of Environmental Conservation (DEC) to post
lists of dangerous chemicals and chemicals of concern on the Depart-
ment's website within 180 days of the effective date of this title;

allows DEC, in consultation with the Department of Health to period-
ically review the list of dangerous chemicals and chemicals of concern
to identify or remove dangerous chemicals or chemicals of concern based
on credible scientific evidence;

permits designation of a "dangerous chemical" if such chemical is:

o found to be present in humans;

o found to be present in household dust, indoor air, or drinking water;

o found to be present in fish, wildlife or the natural environment;

o found to be present in a consumer product or present in the home,
school or children's day care center;

o banned for sale in another state

requires manufacturers that sell a children's product that contains a
dangerous chemical or chemical of concern, to report to the, department,
in a form prescribed by the department, the following information:

o the identification of the product,

o the name of the dangerous chemicals or chemicals of concern included,
and,

o the intended purpose of the chemicals

requires manufacturer of children's products containing a dangerous
chemical to notify persons that offer the children's products for sale
or distribution in the state, of the presence of such chemical, and
provide such persons with information regarding the toxicity of such
chemical;

requires DEC to notify consumers about children's products containing
chemicals of concern and dangerous chemicals;

requires the manufacturer to pay a fee upon the submission of chemical
use reports or waiver requests sufficient to cover DEC's reasonable
costs in administration and enforcement; and,

prohibits the sale, effective January 1, 2023, of children's products
containing certain dangerous chemicals including asbestos, lead, and
mercury.

 
JUSTIFICATION:

Currently, New York identifies or prohibits the use of dangerous chemi-
cals on a chemical by chemical basis. This approach is especially prob-
lematic for children's products since children are often more vulnerable
to smaller amounts of chemicals. Several other states, including Wash-
ington, California, and Maine have adopted more comprehensive chemical
policies. This legislation is modeled after those states and is intended
to prevent the use of dangerous chemicals and ensure the use of safer
chemical alternatives in children's products.

 
PRIOR LEGISLATIVE HISTORY:
2017/2018: S.1454-A (Avella)
2016/2017: S.7507 (Avella)
2017: A.8266 (Englebright)
2015: A.5612 (Englebright) - Passed the Assembly.
2013-14: A.6328 (Sweeney) - Passed the Assembly.
2012: A.3141-A (Sweeney) - Passed the Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect March 1, 2020.

S501A - Bill Text download pdf


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

                                 501--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by Sens. KAMINSKY, ADDABBO, BOYLE, GAUGHRAN -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Environmental Conservation  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of toxic chemicals in 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
                 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0901. DEFINITIONS.
        37-0903. CONSUMER NOTICE.
        37-0905. REPORTING ON THE USE OF CHEMICALS.
        37-0907. SALES PROHIBITION.
        37-0909. APPLICABILITY.
        37-0911. ENFORCEMENT AND IMPLEMENTATION.
        37-0913. REGULATIONS.
§ 37-0901. DEFINITIONS.
  AS USED IN THIS TITLE, UNLESS THE  CONTEXT  OTHERWISE  INDICATES,  THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
  1.  "CHILDREN'S  APPAREL"  MEANS ANY ITEM OF CLOTHING THAT CONSISTS OF
FABRIC OR RELATED MATERIAL INTENDED OR PROMOTED FOR  USE  IN  CHILDREN'S
CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
TO  PREVENT  INJURY,  INCLUDING,  BUT  NOT  LIMITED TO, BICYCLE HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
  2. "CHEMICAL" MEANS A SUBSTANCE WITH A DISTINCT MOLECULAR  COMPOSITION
OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE BREAKDOWN

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

                                                           LBD05551-06-9

S. 501--A                           2

PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
DEGRADATION OR METABOLISM.
  3. "CHEMICALS OF 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)
  (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)
  (F-1)   2-ETHYL-HEXYL-2,   3,   4,  5  TETRABROMOBENZOATE  (TBB)  (CAS
183658-27-7)
  (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)
  (T-1) BIS(2-ETHYLHEXYL) TETRABROMOPHTALATE (TBPH) (CAS 26040-51-7)
  (T-2)    BIS(CHLOROMETHYL)    PROPANE-1-3-DIYLTETRAKIS-(2-CHLOROETHYL)
BIS(PHOSPHATE)(V6)(CAS 38051-10-4)
  (U) BISPHENOL A (CAS 80-05-7)
  (U-1) BISPHENOL F (CAS 620-92-8)
  (U-2) BISPHENOL S (CAS 80-09-1)
  (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)
  (AA-1) CHLORINATED PARAFFINS (CAS 108171-26-2)
  (BB) COBALT & COBALT COMPOUNDS (CAS 7440-48-4)

S. 501--A                           3

  (BB-1) DECABROMODIPHENYL ETHANE (DBPE) (CAS 84852-53-9)
  (BB-2) DECABROMODIPHENYL ETHER (CAS 163-19-5)
  (CC) DI-2-ETHYLHEXYL PHTHALATE (CAS 117-81-7)
  (CC-1) DI-(2-METHOXYETHYL) PHTHALATE (DMEP) (CAS 117-82-8)
  (DD) DIBUTYL PHTHALATE (CAS 84-74-2)
  (DD-1) DICYCLOHEXYL PHTHALATE (DCHP) (CAS 84-61-7)
  (EE) DIETHYL PHTHALATE (CAS 84-66-2)
  (EE-1) DIISOBUTYL PHTHALATE (DIBP) (CAS 84-69-5)
  (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) DIPENTYL PHTHALATE (DPP) (CAS 131-18-0)
  (II-2) 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)
  (NN-1) ETHYL HEXYL D-PHENOL PHOSPHATE (EHDPP) (CAS 1241-94-7)
  (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)
  (RR-1) ISOPROPYLATED TRIPHENYL PHOSPHATE (IPTPP) (CAS 68437-41-7)
  (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)
  (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) NONYLPHENOL (CAS 25154-52-3)
  (CCC) PARA-CHLOROANILINE (CAS 106-47-3)
  (DDD) PERCHLOROETHYLENE (CAS 127-18-4)
  (DDD-1)  PERFLUROOCTANOIC  ACID  (PFOA  &  RELATED  SUBSTANCES)   (CAS
335-67-1)
  (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) P-HYDROXYBENZOIC ACID (CAS 99-96-7)
  (III) PROPYL PARABEN (CAS 94-13-3)
  (III-1) SHORT CHAIN CHLORINATED PARAFFINS (SCCP) (CAS 85535-84-8)
  (JJJ) 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)
  (LLL-1) TETRACHLOROETHENE (CAS 127-18-4)
  (MMM) TOLUENE (CAS 108-88-3)

S. 501--A                           4

  (MMM-1) TRICRESYL PHOSPHATE (TCP) (CAS 1330-78-5)
  (MMM-2) TRI-N-BUTYL PHOSPHATE (TNBP) (CAS 126-73-8)
  (MMM-3) TRIPHENYL PHOSPHATE (TPP) (CAS 115-86-6)
  (NNN) TRIS(1,3-DICHLORO-2-PROPYL) PHOSPHATE (CAS 13674-87-3)
  (NNN-1) TRIS(1-CHLORO-2-PROPYL) PHOSPHATE (TCPP) (CAS 13674-84-5)
  (OOO) TRIS(2-CHLOROETHYL) PHOSPHATE (CAS 115-96-8)
  (OOO-1) TRIS(2,3-DIBROMOPROPYLPHOSPHATE) (CAS 126-72-7)
  (PPP) VINYL CHLORIDE (CAS 75-01-4)
  4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
  5.  "CHILDREN'S  PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR, MADE
FOR OR MARKETED FOR USE BY CHILDREN, SUCH AS BABY  PRODUCTS,  TOYS,  CAR
SEATS,  SCHOOL  SUPPLIES,  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, AND CHIL-
DREN'S NOVELTY PRODUCTS, CHILDREN'S JEWELRY, CHILDREN'S BEDDING,  FURNI-
TURE,  FURNISHINGS,  AND APPAREL.  "CHILDREN'S PRODUCT" DOES NOT INCLUDE
(A) BATTERIES; OR (B) 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 (C) A FOOD OR BEVERAGE OR  AN  ADDITIVE  TO  A  FOOD  OR
BEVERAGE  REGULATED  BY  THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
"CHILDREN'S PRODUCT" ALSO DOES NOT INCLUDE A DRUG, BIOLOGIC  OR  MEDICAL
DEVICE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
  6.  "DISTRIBUTOR"  MEANS  A  PERSON  WHO  SELLS CHILDREN'S PRODUCTS TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  7. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A  CHIL-
DREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE CHILDREN'S PRODUCT.
IN  THE  CASE  OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE UNITED
STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR FIRST DOMESTIC DISTRIBU-
TOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO  CURRENTLY  MANUFACTURES
OR  ASSEMBLES  THE  CHILDREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO
THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
  8. "PRACTICAL QUANTIFICATION LIMIT" MEANS THE LOWEST LEVEL THAT CAN BE
RELIABLY ACHIEVED WITHIN SPECIFIED  LIMITS  OF  PRECISION  AND  ACCURACY
DURING ROUTINE LABORATORY OPERATING CONDITIONS.
  9. "DANGEROUS 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)
  CASRN50-00-0      FORMALDEHYDE
  CASRN1332-21-4    ASBESTOS
  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
  CASRN ASSORTED    ORGANOHALOGEN FLAME RETARDANTS
  (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 CHILDREN AT PLAY.
§ 37-0903. CONSUMER NOTICE.

S. 501--A                           5

  1.  PUBLISHING  OF LISTS. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
TIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL POST  LISTS  OF  DANGEROUS
CHEMICALS AND CHEMICALS OF CONCERN ON THE DEPARTMENT'S WEBSITE.
  2.  PERIODIC  REVIEW.  (A)  THE  DEPARTMENT,  IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, SHALL PERIODICALLY REVIEW THE  LIST  OF  DANGEROUS
CHEMICALS AND, MAY THROUGH REGULATION, ADD OR REMOVE DANGEROUS CHEMICALS
OR CHEMICALS OF CONCERN FROM SUCH LISTS.
  (B) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
IDENTIFY  A CHEMICAL AS A DANGEROUS CHEMICAL IF, UPON SUCH REVIEW, IT IS
PRESENT IN A CHILDREN'S PRODUCT AND MEETS ANY OF THE FOLLOWING CRITERIA:
  (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND  THROUGH  BIOMONI-
TORING TO BE PRESENT IN HUMANS;
  (II)  THE  CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS TO BE
PRESENT IN HOUSEHOLD DUST, INDOOR AIR, DRINKING WATER  OR  ELSEWHERE  IN
THE HOME ENVIRONMENT;
  (III)  THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT IN
FISH, WILDLIFE OR THE NATURAL ENVIRONMENT; OR
  (IV) THE SALE OR USE OF THE CHEMICAL OR A CHILDREN'S PRODUCT  CONTAIN-
ING  THE  CHEMICAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE
UNITED STATES BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
  (C) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
REMOVE A CHEMICAL FROM THE LIST OF DANGEROUS CHEMICALS IF, UPON  REVIEW,
IT  DETERMINES  ON  THE  BASIS OF CREDIBLE SCIENTIFIC EVIDENCE THAT SUCH
CHEMICAL NO LONGER MEETS THE CRITERIA FOR LISTING UNDER PARAGRAPH (B) OF
THIS SUBDIVISION.
  (D) THE DEPARTMENT, IN CONSULTATION  WITH  THE  DEPARTMENT  OF  HEALTH
SHALL  IDENTIFY  A CHEMICAL AS A CHEMICAL OF 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, REPRODUCTIVE OR DEVELOPMENTAL  TOXICANT,  NEUROTOXI-
CANT, ASTHMAGEN, OR ENDOCRINE DISRUPTOR;
  (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
  (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
§ 37-0905. REPORTING ON THE USE OF CHEMICALS.
  1.  REPORTING  OF  CHEMICAL  USE.  NO LATER THAN TWELVE MONTHS AFTER A
DANGEROUS CHEMICAL APPEARS ON THE LIST  PUBLISHED  PURSUANT  TO  SECTION
37-0903  OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S PROD-
UCT FOR SALE OR DISTRIBUTION IN THIS STATE  THAT  CONTAINS  A  DANGEROUS
CHEMICAL  OR CHEMICAL OF CONCERN SHALL REPORT SUCH CHEMICAL USE AT PRAC-
TICAL QUANTIFICATION LIMITS TO THE DEPARTMENT.
  (A) THIS REPORT MUST AT A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT, THE
DANGEROUS CHEMICAL OR CHEMICALS OF CONCERN CONTAINED IN  THE  CHILDREN'S
PRODUCT  AND THE INTENDED PURPOSE OF SUCH CHEMICALS.  THE DEPARTMENT MAY
ALSO REQUIRE REPORTING OF THE FOLLOWING INFORMATION:
  (I) THE AMOUNT OF SUCH CHEMICAL IN THE CHILDREN'S PRODUCT; OR
  (II) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE  RELEASED
FROM THE CHILDREN'S 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.
  (B) THE DEPARTMENT IS AUTHORIZED TO DIRECT SUBMISSION 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
DANGEROUS CHEMICAL. IN MAKING SUCH DETERMINATION, THE  COMMISSIONER  MAY

S. 501--A                           6

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.  (A)  A  MANUFACTURER OF A CHILDREN'S PRODUCT CONTAINING A
DANGEROUS CHEMICAL SHALL NOTIFY PERSONS THAT OFFER THE CHILDREN'S  PROD-
UCT  FOR  SALE OR DISTRIBUTION IN THE STATE, IN A FORM PRESCRIBED BY THE
DEPARTMENT, OF THE PRESENCE OF SUCH DANGEROUS CHEMICAL, AND PROVIDE SUCH
PERSONS WITH INFORMATION REGARDING THE TOXICITY OF SUCH CHEMICAL.
  (B) THE DEPARTMENT SHALL NOTIFY CONSUMERS  ABOUT  CHILDREN'S  PRODUCTS
CONTAINING  CHEMICALS  OF CONCERN AND DANGEROUS CHEMICALS. THE NOTIFICA-
TION SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE.
  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 ADMINISTRATION AND  ENFORCEMENT  OF  THIS
TITLE.  EXCLUSIVE  OF  FINES AND PENALTIES, THE STATE SHALL ONLY RECOVER
ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
§ 37-0907. SALES PROHIBITION.
  1. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-THREE, NO PERSON SHALL
DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE  A  CHILDREN'S  PRODUCT
CONTAINING  TRIS  (1,  3 DICHLORO-2-PROPYL) PHOSPHATE, BENZENE, LEAD AND
COMPOUNDS (INORGANIC), MERCURY AND MERCURY  COMPOUNDS  INCLUDING  METHYL
MERCURY, FORMALDEHYDE, ASBESTOS, ARSENIC AND ARSENIC COMPOUNDS INCLUDING
ARSENIC  TRIOXIDE  AND DIMETHYL ARSENIC, ORGANOHALOGEN FLAME RETARDENTS,
AND CADMIUM.  THIS PROVISION SHALL NOT APPLY  TO  A  CHILDREN'S  PRODUCT
SOLELY BASED ON ITS CONTAINING AN ENCLOSED BATTERY OR ENCLOSED ELECTRON-
IC  COMPONENTS.    THE COMMISSIONER MAY EXEMPT A CHILDREN'S PRODUCT FROM
THIS PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK OF  AVAIL-
ABILITY  OF  THE  CHILDREN'S  PRODUCT COULD POSE AN UNREASONABLE RISK TO
PUBLIC HEALTH, SAFETY OR WELFARE.
  2. EFFECTIVE THREE YEARS AFTER BEING ADDED TO THE DANGEROUS  CHEMICALS
LIST,  NO PERSON SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THIS STATE
A CHILDREN'S PRODUCT THAT CONTAINS A CHEMICAL  ADDED  TO  THE  DANGEROUS
CHEMICALS LIST PURSUANT TO SECTION 37-0903 OF THIS TITLE. THIS PROVISION
SHALL  NOT  APPLY TO A CHILDREN'S PRODUCT SOLELY BASED ON ITS CONTAINING
AN ENCLOSED BATTERY OR ENCLOSED ELECTRONIC COMPONENTS.  THE COMMISSIONER
MAY EXEMPT A CHILDREN'S PRODUCT FROM THIS PROHIBITION IF, IN THE COMMIS-
SIONER'S JUDGMENT, THE LACK OF AVAILABILITY OF  THE  CHILDREN'S  PRODUCT
COULD POSE AN UNREASONABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
§ 37-0909. APPLICABILITY.
  1.  NEW  CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY
TO CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND  DOES
NOT  APPLY  TO USED CHILDREN'S 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  DANGEROUS
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.

S. 501--A                           7

  4.  COMBUSTION.  THE  REQUIREMENTS  OF  THIS  TITLE SHALL NOT APPLY TO
DANGEROUS CHEMICALS GENERATED SOLELY AS COMBUSTION BY-PRODUCTS  OR  THAT
ARE PRESENT IN COMBUSTIBLE FUELS.
  5. EXCEPTIONS. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO CHIL-
DREN'S  PRODUCT  MAKERS THAT EMPLOY FIVE PERSONS OR FEWER, AND ARE INDE-
PENDENTLY OWNED AND OPERATED.
  6. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS THAT RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT  CONTAINING  A
DANGEROUS 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  CHILDREN'S  PRODUCT CONTAINING A
DANGEROUS 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 CHILDREN'S PRODUCT FROM THIS
PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK OF AVAILABILITY
OF THE CHILDREN'S PRODUCT COULD POSE  AN  UNREASONABLE  RISK  TO  PUBLIC
HEALTH, SAFETY OR WELFARE.
  2.  STATEMENT  OF  COMPLIANCE.  IF THERE ARE GROUNDS TO SUSPECT THAT A
CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
THE DEPARTMENT MAY REQUEST THE MANUFACTURER OF THE CHILDREN'S 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 STATE-
MENT OF COMPLIANCE SHALL:
  (A) ATTEST THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE  DANGEROUS
CHEMICAL; OR
  (B)  ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT NOTIFI-
CATION OF THE PRESENCE OF THE DANGEROUS 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 CHILDREN'S PRODUCT IS PROHIB-
ITED.
§ 37-0913. 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 March 1, 2020. Effective  immediately,
the  department of environmental conservation is authorized to implement
rules and regulations for the timely implementation of this act  on  its
effective date.

Co-Sponsors

view additional co-sponsors

S501B (ACTIVE) - Details

See Assembly Version of this Bill:: A6296
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0913, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7507, A5612
2017-2018: S1454, A8266

S501B (ACTIVE) - Summary

Relates to regulation of toxic chemicals in children's products.

S501B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S501B

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to regulation of toxic chemicals in children's products

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to protect children's health.

 
SUMMARY OF PROVISIONS:

This bill:

*defines children as "a person or persons aged twelve and under;"

*defines children's product as "a product primarily intended for, made
for or marketed for use by children, such as baby products, toys, car
seats, personal care products, a product designed or intended by the
manufacturer to help a child with teething, to facilitate sleep, relaxa-
tion, or the feeding of a child, novelty products, bedding, furniture,

furnishings, and children's apparel;"

*requires the Department of Environmental Conservation (DEC) to post
lists of dangerous chemicals and chemicals of concern on the Depart-
ment's website within 180 days of the effective date of this title;

*allows DEC, in consultation with the Department of Health to period-
ically review the list of dangerous chemicals and chemicals of concern
to identify or remove dangerous chemicals or chemicals of concern based
on credible scientific evidence;

*permits designation of a "dangerous chemical" if such chemical is:

o found to be present in humans;
o found to be present in household dust, indoor air, or drinking water;
o found to be present in fish, wildlife or the natural environment;
o found to be present in a consumer product or present in the home,
school or children's day care center;
o banned for sale in another state

*requires Manufacturers that sell a children's product that contains a
dangerous chemical or chemical of concern, to report to the department,
in a form prescribed by the department, the following information:

o the identification of the product,
o the name of the dangerous chemicals or chemicals of concern, included,
and, o the intended purpose of the chemicals

*requires manufacturer of children's products containing a dangerous
chemical to notify persons that offer the children's products for sale
or distribution in the state, of the presence of such chemical, and
provide such persons with information regarding the toxicity of such
chemical;

*requires DEC to notify consumers about children's products containing
chemicals of concern and dangerous chemicals;


*requires the manufacturer to pay a fee upon the submission. of chemical
use reports or waiver requests sufficient to cover DEC's reasonable
costs in administration and enforcement; and,

*prohibits the sale, effective January 1, 2023, of children's products
containing certain dangerous chemicals including organohalogen flame
retardants, tris, and asbestos.

 
JUSTIFICATION:

Currently, New York identifies or prohibits the use of dangerous chemi-
cals on a chemical by chemical basis. This approach is especially prob-
lematic for children's products since children are often more vulnerable
to smaller amounts of chemicals. Several other states, including Wash-
ington, California, and Maine have adopted more comprehensive chemical
policies. This legislation is modeled after those states and is intended
to prevent the use of dangerous chemicals and ensure the use of safer
chemical alternatives in children's products.

 
PRIOR LEGISLATIVE HISTORY:

2017/2018: S.1454-A (Avella)
2016/2017: S.7507 (Avella)
2017: A.8266 (Englebright)
2015: A.5612 (Englebright) - Passed the Assembly.
2013-14: A.6328 (Sweeney) - Passed the Assembly.
2012: A.3141-A (Sweeney) - Passed the Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect March 1, 2020.

S501B (ACTIVE) - Bill Text download pdf


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

                                 501--B
    Cal. No. 457

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sens. KAMINSKY, ADDABBO, BOYLE, GAUGHRAN, KRUEGER, METZ-
  GER, SERRANO -- read twice and ordered printed, and when printed to be
  committed to the Committee on Environmental Conservation --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first report, amended on first report, ordered to a  second  report
  and  ordered  reprinted,  retaining  its  place in the order of second
  report

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of toxic chemicals in 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
                 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0901. DEFINITIONS.
        37-0903. CONSUMER NOTICE.
        37-0905. REPORTING ON THE USE OF CHEMICALS.
        37-0907. SALES PROHIBITION.
        37-0909. APPLICABILITY.
        37-0911. ENFORCEMENT AND IMPLEMENTATION.
        37-0913. REGULATIONS.
§ 37-0901. DEFINITIONS.
  AS  USED  IN  THIS  TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
  1. "CHILDREN'S APPAREL" MEANS ANY ITEM OF CLOTHING  THAT  CONSISTS  OF
FABRIC  OR  RELATED  MATERIAL INTENDED OR PROMOTED FOR USE IN CHILDREN'S
CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD05551-08-9

S. 501--B                           2

TO PREVENT INJURY, INCLUDING,  BUT  NOT  LIMITED  TO,  BICYCLE  HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
  2.  "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.
  3. "CHEMICALS OF 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)
  (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)
  (F-1)  2-ETHYL-HEXYL-2,  3,  4,  5   TETRABROMOBENZOATE   (TBB)   (CAS
183658-27-7)
  (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)
  (T-1) BIS(2-ETHYLHEXYL) TETRABROMOPHTALATE (TBPH) (CAS 26040-51-7)
  (T-2)    BIS(CHLOROMETHYL)    PROPANE-1-3-DIYLTETRAKIS-(2-CHLOROETHYL)
BIS(PHOSPHATE)(V6)(CAS 38051-10-4)
  (U) BISPHENOL A (CAS 80-05-7)
  (U-1) BISPHENOL F (CAS 620-92-8)
  (U-2) BISPHENOL S (CAS 80-09-1)
  (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)

S. 501--B                           3

  (Z) CADMIUM & CADMIUM COMPOUNDS (CAS 7440-43-9)
  (AA) CARBON DISULFIDE (CAS 75-15-0)
  (AA-1) CHLORINATED PARAFFINS (CAS 108171-26-2)
  (BB) COBALT & COBALT COMPOUNDS (CAS 7440-48-4)
  (BB-1) DECABROMODIPHENYL ETHANE (DBPE) (CAS 84852-53-9)
  (BB-2) DECABROMODIPHENYL ETHER (CAS 163-19-5)
  (CC) DI-2-ETHYLHEXYL PHTHALATE (CAS 117-81-7)
  (CC-1) DI-(2-METHOXYETHYL) PHTHALATE (DMEP) (CAS 117-82-8)
  (DD) DIBUTYL PHTHALATE (CAS 84-74-2)
  (DD-1) DICYCLOHEXYL PHTHALATE (DCHP) (CAS 84-61-7)
  (EE) DIETHYL PHTHALATE (CAS 84-66-2)
  (EE-1) DIISOBUTYL PHTHALATE (DIBP) (CAS 84-69-5)
  (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) DIPENTYL PHTHALATE (DPP) (CAS 131-18-0)
  (II-2) 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)
  (NN-1) ETHYL HEXYL D-PHENOL PHOSPHATE (EHDPP) (CAS 1241-94-7)
  (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)
  (RR-1) ISOPROPYLATED TRIPHENYL PHOSPHATE (IPTPP) (CAS 68437-41-7)
  (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)
  (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) NONYLPHENOL (CAS 25154-52-3)
  (CCC) PARA-CHLOROANILINE (CAS 106-47-3)
  (DDD) PERCHLOROETHYLENE (CAS 127-18-4)
  (DDD-1)  PERFLUROOCTANOIC  ACID  (PFOA  &  RELATED  SUBSTANCES)   (CAS
335-67-1)
  (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) P-HYDROXYBENZOIC ACID (CAS 99-96-7)
  (III) PROPYL PARABEN (CAS 94-13-3)
  (III-1) SHORT CHAIN CHLORINATED PARAFFINS (SCCP) (CAS 85535-84-8)
  (JJJ) SILICA, CRYSTALLINE (IN THE FORM OF QUARTZ OR CRISTABOLITE DUST)
(CAS 14808-60-7)

S. 501--B                           4

  (KKK) STYRENE (CAS 100-42-5)
  (LLL) TETRABROMOBISPHENOL A (CAS 79-94-7)
  (LLL-1) TETRACHLOROETHENE (CAS 127-18-4)
  (MMM) TOLUENE (CAS 108-88-3)
  (MMM-1) TRICRESYL PHOSPHATE (TCP) (CAS 1330-78-5)
  (MMM-2) TRI-N-BUTYL PHOSPHATE (TNBP) (CAS 126-73-8)
  (MMM-3) TRIPHENYL PHOSPHATE (TPP) (CAS 115-86-6)
  (NNN) TRIS(1,3-DICHLORO-2-PROPYL) PHOSPHATE (CAS 13674-87-3)
  (NNN-1) TRIS(1-CHLORO-2-PROPYL) PHOSPHATE (TCPP) (CAS 13674-84-5)
  (OOO) TRIS(2-CHLOROETHYL) PHOSPHATE (CAS 115-96-8)
  (OOO-1) TRIS(2,3-DIBROMOPROPYLPHOSPHATE) (CAS 126-72-7)
  (PPP) VINYL CHLORIDE (CAS 75-01-4)
  4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
  5.  "CHILDREN'S  PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR, MADE
FOR OR MARKETED FOR USE BY CHILDREN, SUCH AS BABY  PRODUCTS,  TOYS,  CAR
SEATS,  SCHOOL  SUPPLIES,  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, AND CHIL-
DREN'S NOVELTY PRODUCTS, CHILDREN'S JEWELRY, CHILDREN'S BEDDING,  FURNI-
TURE,  FURNISHINGS,  AND APPAREL.  "CHILDREN'S PRODUCT" DOES NOT INCLUDE
(A) BATTERIES; OR (B) 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 (C) A FOOD OR BEVERAGE OR  AN  ADDITIVE  TO  A  FOOD  OR
BEVERAGE  REGULATED  BY  THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
"CHILDREN'S PRODUCT" ALSO DOES NOT INCLUDE A DRUG, BIOLOGIC  OR  MEDICAL
DEVICE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
  6.  "DISTRIBUTOR"  MEANS  A  PERSON  WHO  SELLS CHILDREN'S PRODUCTS TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  7. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A  CHIL-
DREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE CHILDREN'S PRODUCT.
IN  THE  CASE  OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE UNITED
STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR FIRST DOMESTIC DISTRIBU-
TOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO  CURRENTLY  MANUFACTURES
OR  ASSEMBLES  THE  CHILDREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO
THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
  8. "PRACTICAL QUANTIFICATION LIMIT" MEANS THE LOWEST LEVEL THAT CAN BE
RELIABLY ACHIEVED WITHIN SPECIFIED  LIMITS  OF  PRECISION  AND  ACCURACY
DURING ROUTINE LABORATORY OPERATING CONDITIONS.
  9. "DANGEROUS 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)
  CASRN50-00-0      FORMALDEHYDE
  CASRN1332-21-4    ASBESTOS
  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
  CASRN ASSORTED    ORGANOHALOGEN FLAME RETARDANTS
  (B)  A  CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0903
OF THIS TITLE.

S. 501--B                           5

  10. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER  TO
BE USED BY CHILDREN AT PLAY.
§ 37-0903. CONSUMER NOTICE.
  1.  PUBLISHING  OF LISTS. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
TIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL POST  LISTS  OF  DANGEROUS
CHEMICALS AND CHEMICALS OF CONCERN ON THE DEPARTMENT'S WEBSITE.
  2.  PERIODIC  REVIEW.  (A)  THE  DEPARTMENT,  IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, SHALL PERIODICALLY REVIEW THE  LIST  OF  DANGEROUS
CHEMICALS AND, MAY THROUGH REGULATION, ADD OR REMOVE DANGEROUS CHEMICALS
OR CHEMICALS OF CONCERN FROM SUCH LISTS.
  (B) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
IDENTIFY  A CHEMICAL AS A DANGEROUS CHEMICAL IF, UPON SUCH REVIEW, IT IS
PRESENT IN A CHILDREN'S PRODUCT AND MEETS ANY OF THE FOLLOWING CRITERIA:
  (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND  THROUGH  BIOMONI-
TORING TO BE PRESENT IN HUMANS;
  (II)  THE  CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS TO BE
PRESENT IN HOUSEHOLD DUST, INDOOR AIR, DRINKING WATER  OR  ELSEWHERE  IN
THE HOME ENVIRONMENT;
  (III)  THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT IN
FISH, WILDLIFE OR THE NATURAL ENVIRONMENT; OR
  (IV) THE SALE OR USE OF THE CHEMICAL OR A CHILDREN'S PRODUCT  CONTAIN-
ING  THE  CHEMICAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE
UNITED STATES BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
  (C) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
REMOVE A CHEMICAL FROM THE LIST OF DANGEROUS CHEMICALS IF, UPON  REVIEW,
IT  DETERMINES  ON  THE  BASIS OF CREDIBLE SCIENTIFIC EVIDENCE THAT SUCH
CHEMICAL NO LONGER MEETS THE CRITERIA FOR LISTING UNDER PARAGRAPH (B) OF
THIS SUBDIVISION.
  (D) THE DEPARTMENT, IN CONSULTATION  WITH  THE  DEPARTMENT  OF  HEALTH
SHALL  IDENTIFY  A CHEMICAL AS A CHEMICAL OF 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, REPRODUCTIVE OR DEVELOPMENTAL  TOXICANT,  NEUROTOXI-
CANT, ASTHMAGEN, OR ENDOCRINE DISRUPTOR;
  (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
  (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
§ 37-0905. REPORTING ON THE USE OF CHEMICALS.
  1.  REPORTING  OF  CHEMICAL  USE.  NO LATER THAN TWELVE MONTHS AFTER A
DANGEROUS CHEMICAL APPEARS ON THE LIST  PUBLISHED  PURSUANT  TO  SECTION
37-0903  OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S PROD-
UCT FOR SALE OR DISTRIBUTION IN THIS STATE  THAT  CONTAINS  A  DANGEROUS
CHEMICAL  OR CHEMICAL OF CONCERN SHALL REPORT SUCH CHEMICAL USE AT PRAC-
TICAL QUANTIFICATION LIMITS TO THE DEPARTMENT.
  (A) THIS REPORT MUST AT A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT, THE
DANGEROUS CHEMICAL OR CHEMICALS OF CONCERN CONTAINED IN  THE  CHILDREN'S
PRODUCT  AND THE INTENDED PURPOSE OF SUCH CHEMICALS.  THE DEPARTMENT MAY
ALSO REQUIRE REPORTING OF THE FOLLOWING INFORMATION:
  (I) THE AMOUNT OF SUCH CHEMICAL IN THE CHILDREN'S PRODUCT; OR
  (II) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE  RELEASED
FROM THE CHILDREN'S 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.
  (B) THE DEPARTMENT IS AUTHORIZED TO DIRECT SUBMISSION OF  SUCH  REPORT
TO THE INTERSTATE CHEMICALS CLEARINGHOUSE.

S. 501--B                           6

  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
DANGEROUS 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.  (A)  A  MANUFACTURER OF A CHILDREN'S PRODUCT CONTAINING A
DANGEROUS CHEMICAL SHALL NOTIFY PERSONS THAT OFFER THE CHILDREN'S  PROD-
UCT  FOR  SALE OR DISTRIBUTION IN THE STATE, IN A FORM PRESCRIBED BY THE
DEPARTMENT, OF THE PRESENCE OF SUCH DANGEROUS CHEMICAL, AND PROVIDE SUCH
PERSONS WITH INFORMATION REGARDING THE TOXICITY OF SUCH CHEMICAL.
  (B) THE DEPARTMENT SHALL NOTIFY CONSUMERS  ABOUT  CHILDREN'S  PRODUCTS
CONTAINING  CHEMICALS  OF CONCERN AND DANGEROUS CHEMICALS. THE NOTIFICA-
TION SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE.
  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 ADMINISTRATION AND  ENFORCEMENT  OF  THIS
TITLE.  EXCLUSIVE  OF  FINES AND PENALTIES, THE STATE SHALL ONLY RECOVER
ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
§ 37-0907. SALES PROHIBITION.
  1. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-THREE, NO PERSON SHALL
DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE  A  CHILDREN'S  PRODUCT
CONTAINING  TRIS (1, 3 DICHLORO-2-PROPYL) PHOSPHATE, BENZENE, FORMALDEH-
YDE (OTHER THAN IN TEXTILES), ASBESTOS, AND ORGANOHALOGEN  FLAME  RETAR-
DENTS.    THIS  PROVISION  SHALL  NOT APPLY: (A) TO A CHILDREN'S PRODUCT
SOLELY BASED ON ITS CONTAINING AN ENCLOSED BATTERY OR ENCLOSED ELECTRON-
IC COMPONENTS AND (B) WHERE STATE REGULATION OF CHILDREN'S  PRODUCTS  IS
PREEMPTED  BY  FEDERAL  LAW.    THE COMMISSIONER MAY EXEMPT A CHILDREN'S
PRODUCT FROM THIS PROHIBITION IF, IN THE  COMMISSIONER'S  JUDGMENT,  THE
LACK  OF  AVAILABILITY OF THE CHILDREN'S PRODUCT COULD POSE AN UNREASON-
ABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
  2. EFFECTIVE THREE YEARS AFTER BEING ADDED TO THE DANGEROUS  CHEMICALS
LIST,  NO PERSON SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THIS STATE
A CHILDREN'S PRODUCT THAT CONTAINS A CHEMICAL  ADDED  TO  THE  DANGEROUS
CHEMICALS LIST PURSUANT TO SECTION 37-0903 OF THIS TITLE. THIS PROVISION
SHALL  NOT  APPLY:  (A)  TO  A  CHILDREN'S  PRODUCT  SOLELY BASED ON ITS
CONTAINING AN ENCLOSED BATTERY OR ENCLOSED ELECTRONIC COMPONENTS AND (B)
WHERE STATE REGULATION OF CHILDREN'S PRODUCTS IS  PREEMPTED  BY  FEDERAL
LAW.   THE COMMISSIONER MAY EXEMPT A CHILDREN'S PRODUCT FROM THIS PROHI-
BITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK OF  AVAILABILITY  OF
THE CHILDREN'S PRODUCT COULD POSE AN UNREASONABLE RISK TO PUBLIC HEALTH,
SAFETY OR WELFARE.
§ 37-0909. APPLICABILITY.
  1.  NEW  CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY
TO CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND  DOES
NOT  APPLY  TO USED CHILDREN'S 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.

S. 501--B                           7

  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  DANGEROUS
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
  4.  COMBUSTION.  THE  REQUIREMENTS  OF  THIS  TITLE SHALL NOT APPLY TO
DANGEROUS CHEMICALS GENERATED SOLELY AS COMBUSTION BY-PRODUCTS  OR  THAT
ARE PRESENT IN COMBUSTIBLE FUELS.
  5. EXCEPTIONS. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO CHIL-
DREN'S  PRODUCT  MAKERS THAT EMPLOY FIVE PERSONS OR FEWER, AND ARE INDE-
PENDENTLY OWNED AND OPERATED.
  6. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS THAT RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT  CONTAINING  A
DANGEROUS 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  CHILDREN'S  PRODUCT CONTAINING A
DANGEROUS 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 CHILDREN'S PRODUCT FROM THIS
PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK OF AVAILABILITY
OF THE CHILDREN'S PRODUCT COULD POSE  AN  UNREASONABLE  RISK  TO  PUBLIC
HEALTH, SAFETY OR WELFARE.
  2.  STATEMENT  OF  COMPLIANCE.  IF THERE ARE GROUNDS TO SUSPECT THAT A
CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
THE DEPARTMENT MAY REQUEST THE MANUFACTURER OF THE CHILDREN'S 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 STATE-
MENT OF COMPLIANCE SHALL:
  (A) ATTEST THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE  DANGEROUS
CHEMICAL; OR
  (B)  ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT NOTIFI-
CATION OF THE PRESENCE OF THE DANGEROUS 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 CHILDREN'S PRODUCT IS PROHIB-
ITED.
§ 37-0913. REGULATIONS.
  THE  DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  § 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  §  3. This act shall take effect March 1, 2020. Effective immediately,
the department of environmental conservation is authorized to  implement
rules  and  regulations 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.

The New York State Senate

senate Bill S501B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 30, 2019 - floor Vote

Floor Vote: Apr 30, 2019

Apr 9, 2019 - Environmental Conservation committee Vote

Committee Vote: Apr 9, 2019

Bill Amendments

Co-Sponsors

S501 - Details

S501 - Summary

S501 - Sponsor Memo

S501 - Bill Text download pdf

Co-Sponsors

S501A - Details

S501A - Summary

S501A - Sponsor Memo

S501A - Bill Text download pdf

Co-Sponsors

S501B (ACTIVE) - Details

S501B (ACTIVE) - Summary

S501B (ACTIVE) - Sponsor Memo

S501B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S501B

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 30, 2019 - floor Vote

Floor Vote: Apr 30, 2019

Apr 9, 2019 - Environmental Conservation committee Vote

Committee Vote: Apr 9, 2019

Bill Amendments

Co-Sponsors

S501 - Details

S501 - Summary

S501 - Sponsor Memo

S501 - Bill Text download pdf

Co-Sponsors

S501A - Details

S501A - Summary

S501A - Sponsor Memo

S501A - Bill Text download pdf

Co-Sponsors

S501B (ACTIVE) - Details

S501B (ACTIVE) - Summary

S501B (ACTIVE) - Sponsor Memo

S501B (ACTIVE) - Bill Text download pdf

Comments