The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    432
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   manufacture, distribution and sale of toys  and  child  care  products
   containing phthalates

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 phthalates  are  a  class  of chemicals used in polyvinyl chloride (PVC)
 plastic to improve flexibility and in cosmetics to bind fragrance to the
 product. Phthalates are used in  many products intended for use by young
 children including, but not limited to, teethers, toys and soft  plastic
 books.
   It  is  further  found  that  there is extensive scientific literature
 reporting the hormone disrupting effect of phthalates,  and  substantial
 evidence that levels of the phthalates of concern are found in humans at
 levels  associated  with  adverse  effects. Population studies show that
 virtually everyone carries some level of phthalates in their  body.  For
 the general population, the oral route of exposure is considered a major
 route.
   § 2. The general business law is amended by adding a new section 397-b
 to read as follows:
   § 397-B. TOYS AND CHILD CARE PRODUCTS; PHTHALATES. 1. FOR THE PURPOSES
 OF THIS SECTION:
   (A)  "CHILD  CARE  ARTICLE" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY
 THE MANUFACTURER TO FACILITATE SLEEP, RELAXATION OR THE FEEDING OF CHIL-
 DREN, OR TO HELP CHILDREN WITH SUCKING OR TEETHING;
   (B) "TOY" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE  MANUFACTURER
 TO BE USED BY CHILDREN WHEN THEY PLAY.
   2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00826-01-3

 A. 432                              2
 
 ANY TOY OR CHILD CARE PRODUCT CONTAINING DI(2-ETHYLEXYL)PHTHALATE, DIBU-
 TYL PHTHALATE OR BUTYL BENZYL PHTHALATE IN CONCENTRATIONS IN  EXCESS  OF
 0.1 PERCENT.
   3. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
 ANY TOY OR CHILD CARE PRODUCT CONTAINING DI-ISONONYL PHTHALATE,  DI-ISO-
 DECYL  PHTHALATE  OR DI-N-OCTYL PHTHALATE IN CONCENTRATIONS IN EXCESS OF
 0.1 PERCENT, INTENDED FOR USE BY A CHILD UNDER THREE YEARS OF  AGE  WHEN
 SUCH TOY OR PRODUCT MAY BE PLACED IN THE CHILD'S MOUTH.
   4.  EVERY  MANUFACTURER OF A PRODUCT OR TOY PROHIBITED BY THIS SECTION
 SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A OR PHTHALATE IN
 THE TOY OR PRODUCT. SUCH ALTERNATIVE SHALL NOT BE (I) A CARCINOGEN RATED
 BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A, B OR C CARCI-
 NOGENS, OR SUBSTANCES LISTED AS KNOWN OR LIKELY CARCINOGENS, KNOWN TO BE
 HUMAN CARCINOGENS, LIKELY TO BE HUMAN CARCINOGENS OR SUGGESTIVE OF BEING
 HUMAN CARCINOGENS, AS DESCRIBED IN THE "LIST OF CHEMICALS EVALUATED  FOR
 CARCINOGEN  POTENTIAL";  OR (II) REPRODUCTIVE TOXICANTS THAT CAUSE BIRTH
 DEFECTS, REPRODUCTIVE HARM OR DEVELOPMENTAL HARM AS  IDENTIFIED  BY  THE
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
   5.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
 COMPANY OR CORPORATION WHICH VIOLATES  ANY  PROVISION  OF  THIS  SECTION
 SHALL  BE  LIABLE FOR A CIVIL FINE OF NOT LESS THAN TEN THOUSAND DOLLARS
 FOR EACH DAY OF SUCH VIOLATION.
   § 3. This act shall take effect twenty-four months after it shall have
 become a law.