Senate Bill S2332

2023-2024 Legislative Session

Prohibits the manufacture, distribution and sale of toys and child care products containing phthalates

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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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2023-S2332 (ACTIVE) - Details

See Assembly Version of this Bill:
A432
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §397-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2690
2011-2012: A4212
2013-2014: A5295
2015-2016: A386
2017-2018: A994
2019-2020: S3166, A756
2021-2022: S291, A1554

2023-S2332 (ACTIVE) - Summary

Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

2023-S2332 (ACTIVE) - Sponsor Memo

2023-S2332 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2332
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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
              

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