NY State Senate Bill 2025-S7821A

Senate Bill S7821A

2025-2026 Legislative Session

Prohibits the sale of children's products, mattresses and upholstered furniture containing fiberglass unless they contain a prominent label

download bill text pdf

Current Bill Status - On Floor Calendar

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2025	amended 7821a
May 29, 2025	2nd report cal.
May 28, 2025	1st report cal.1417
May 09, 2025	referred to consumer protection

Votes

- May 28, 2025 - Consumer Protection Committee Vote
  S7821A
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 28, 2025
      
      aye (5)
      
      Bynoe
      
      Gonzalez
      
      May
      
      Myrie
      
      Ryan
      
      aye wr (2)
      
      Canzoneri-Fitzpatrick
      
      Weber

Bill Amendments

Original

A (Active)

2025-S7821 - Details

See Assembly Version of this Bill:: A7912
Law Section:: General Business Law
Laws Affected:: Add §399-iii, Gen Bus L

2025-S7821 - Summary

Prohibits the sale of children's products, mattresses and upholstered furniture containing fiberglass unless they contain a prominent label; defines children's product; prohibits custom upholsterers from repairing or restoring any children's product, mattress or furniture with parts that contain fiberglass; provides remedies for violations.

2025-S7821 - Sponsor Memo

                                 
BILL NUMBER: S7821

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of children's products, mattresses and upholstered furniture
containing fiberglass unless they contain a prominent label

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this legislation stipulates that no person or manufacturer
can sell or distribute in commerce any new children's products,
mattresses, or upholstered furniture which contain fiber glass and that
a custom upholsterer cannot repair, reupholster, recover, restore, or
renew any juvenile products, mattresses, upholstered furniture, reuphol-
stered furniture using fiberglass unless it contains a prominent perma-
nent label which informs the consumer that fiberglass can be harmful to
the consumer if ingested, inhaled, or exposed to skin.

Section 2 states the act will take effect on January 1, 2026.

JUSTIFICATION:

Over the past decade there has been a growing concern over the health
risks that are associated with interaction and or exposure to textile
fiberglass. Textile fiberglass has been linked to a variety of health
and environmental risks. Fiberglass is commonly used as a cheap fire
retardant in juvenile products, mattresses, and upholstered furniture.
The use of these materials has raised serious concerns due to their
toxicity and the long-lasting effects in the environment it is exposed
to. The textile fiberglass poses risks during handling, repair, or
reupholstery especially in unregulated environments.

This legislation follows suit with ongoing national and state efforts to
reduce hazardous chemicals in consumer products, especially those used
by children and other vulnerable consumers. California and the European
Union have recognized the dangers of fiberglass in juvenile products,
mattresses, and upholstered furniture and banned the sale of these
products that contain fiberglass. By following suit and prohibiting the
sale of these products that contain fiberglass, we will help promote
public health, better environmental practices, and a safer New York for
all New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2026.

2025-S7821 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7821
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  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
   sale of children's  products,  mattresses  and  upholstered  furniture
   containing fiberglass unless they contain a prominent label

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-iii to read as follows:
   § 399-III. LABELING OF CHILDREN'S PRODUCTS, MATTRESSES AND UPHOLSTERED
 FURNITURE CONTAINING FIBERGLASS. 1. FOR PURPOSES OF THIS SECTION:
   (A) "CHILDREN'S PRODUCT" SHALL MEAN A PRODUCT,  OTHER  THAN  CLOTHING,
 PRIMARILY INTENDED FOR USE BY INFANTS AND CHILDREN UNDER TWELVE YEARS OF
 AGE.  THE FOLLOWING SHALL BE CONSIDERED IN DETERMINING IF THE PRODUCT IS
 INTENDED FOR A CHILD UNDER TWELVE YEARS OF AGE:
   (I)  A  STATEMENT BY A MANUFACTURER ABOUT THE INTENDED USE OF SUCH TOY
 OR ARTICLE, INCLUDING A LABEL ON SUCH TOY OR ARTICLE;
   (II) THE CONTEXT AND MANNER OF THE ADVERTISING, PROMOTION, AND MARKET-
 ING ASSOCIATED WITH THE TOY OR ARTICLE; AND
   (III) WHETHER THE TOY OR ARTICLE IS COMMONLY RECOGNIZED  BY  CONSUMERS
 AS BEING INTENDED FOR USE BY A CHILD UNDER TWELVE YEARS OF AGE.
   (B) "CHILDREN'S PRODUCT" SHALL NOT INCLUDE:
   (I)  A CHILDREN'S ELECTRONIC PRODUCT, INCLUDING, BUT NOT LIMITED TO, A
 PERSONAL COMPUTER,  AUDIO  AND  VIDEO  EQUIPMENT,  CALCULATOR,  WIRELESS
 PHONE,  GAME  CONSOLE,  HANDHELD DEVICE INCORPORATING A VIDEO SCREEN, OR
 ANY ASSOCIATED PERIPHERAL SUCH AS A MOUSE, KEYBOARD, POWER SUPPLY  UNIT,
 OR POWER CORD;
   (II) A MEDICAL DEVICE; OR
   (III)  AN  INTERNAL  COMPONENT  OF A CHILDREN'S PRODUCT THAT WOULD NOT
 COME INTO DIRECT CONTACT WITH A CHILD'S SKIN OR MOUTH DURING  REASONABLY
 FORESEEABLE USE AND ABUSE OF THE PRODUCT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11364-06-5

 S. 7821                             2
 
   2.  NO PERSON OR MANUFACTURER SHALL SELL, OFFER FOR SALE OR DISTRIBUTE
 IN THIS STATE ANY  NEW  CHILDREN'S  PRODUCT,  MATTRESS,  OR  UPHOLSTERED
 FURNITURE  THAT  CONTAINS, OR A CONSTITUENT COMPONENT OF WHICH CONTAINS,
 FIBERGLASS, UNLESS IT  CONTAINS  A  PROMINENT  PERMANENT  LABEL    WHICH
 INFORMS  THE  CONSUMER  THAT  THE  PRODUCT  SHOULD  BE HANDLED WITH CARE
 BECAUSE IT CONTAINS FIBERGLASS  WHICH CAN BE HARMFUL TO THE CONSUMER  IF
 INGESTED,  INHALED,  OR  EXPOSED  TO  SKIN.  SUCH LABEL MUST BE SECURELY
 ATTACHED TO THE PRODUCT OR PACKAGING IN A MANNER THAT IT MAY BE SEEN  BY
 CONSUMERS PRIOR TO AND THROUGHOUT THE DURATION OF THE PRODUCT'S USE.
   3.  A  CUSTOM  UPHOLSTERER  SHALL  NOT  REPAIR,  REUPHOLSTER, RECOVER,
 RESTORE, OR RENEW ANY CHILDREN'S PRODUCT, MATTRESS,  UPHOLSTERED  FURNI-
 TURE,  OR  REUPHOLSTERED  FURNITURE  USING  A REPLACEMENT COMPONENT THAT
 CONTAINS, OR A CONSTITUENT COMPONENT OF WHICH CONTAINS, FIBERGLASS.
   4. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL  BE  PUNISHABLE
 BY  A  CIVIL  PENALTY  NOT  TO  EXCEED  FIVE  HUNDRED  DOLLARS  FOR EACH
 VIOLATION.
   § 2. This act shall take effect January 1, 2026. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.

2025-S7821A (ACTIVE) - Details

See Assembly Version of this Bill:: A7912
Law Section:: General Business Law
Laws Affected:: Add §399-iii, Gen Bus L

2025-S7821A (ACTIVE) - Summary

2025-S7821A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7821A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of children's products, mattresses and upholstered furniture
containing fiberglass unless they contain a prominent label

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this legislation stipulates that no person or manufacturer
can sell or distribute in commerce any new children's products,
mattresses, or upholstered furniture which contain fiber glass and that
a custom upholsterer cannot repair, reupholster, recover, restore, or
renew any juvenile products, mattresses, upholstered furniture, reuphol-
stered furniture using fiberglass unless it contains a prominent perma-
nent label which informs the consumer that fiberglass can be harmful to
the consumer if ingested, inhaled, or exposed to skin.

Section 2 states the act will take effect on January 1, 2026.

JUSTIFICATION:

Over the past decade there has been a growing concern over the health
risks that are associated with interaction and or exposure to textile
fiberglass. Textile fiberglass has been linked to a variety of health
and environmental risks. Fiberglass is commonly used as a cheap fire
retardant in juvenile products, mattresses, and upholstered furniture.
The use of these materials has raised serious concerns due to their
toxicity and the long-lasting effects in the environment it is exposed
to. The textile fiberglass poses risks during handling, repair, or
reupholstery especially in unregulated environments.

This legislation follows suit with ongoing national and state efforts to
reduce hazardous chemicals in consumer products, especially those used
by children and other vulnerable consumers. California and the European
Union have recognized the dangers of fiberglass in juvenile products,
mattresses, and upholstered furniture and banned the sale of these
products that contain fiberglass. By following suit and prohibiting the
sale of these products that contain fiberglass, we will help promote
public health, better environmental practices, and a safer New York for
all New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2026.

2025-S7821A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7821--A
     Cal. No. 1417
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, amended on second report, ordered to a third reading,  and  to
   be  reprinted  as  amended,  retaining its place in the order of third
   reading
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of children's  products,  mattresses  and  upholstered  furniture
   containing fiberglass unless they contain a prominent label
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-iii to read as follows:
   § 399-III. LABELING OF CHILDREN'S PRODUCTS, MATTRESSES AND UPHOLSTERED
 FURNITURE CONTAINING FIBERGLASS. 1. FOR PURPOSES OF THIS SECTION:
   (A) "CHILDREN'S PRODUCT" SHALL MEAN A PRODUCT,  OTHER  THAN  CLOTHING,
 PRIMARILY INTENDED FOR USE BY INFANTS AND CHILDREN UNDER TWELVE YEARS OF
 AGE.  THE FOLLOWING SHALL BE CONSIDERED IN DETERMINING IF THE PRODUCT IS
 INTENDED FOR A CHILD UNDER TWELVE YEARS OF AGE:
   (I)  A  STATEMENT BY A MANUFACTURER ABOUT THE INTENDED USE OF SUCH TOY
 OR ARTICLE, INCLUDING A LABEL ON SUCH TOY OR ARTICLE;
   (II) THE CONTEXT AND MANNER OF THE ADVERTISING, PROMOTION, AND MARKET-
 ING ASSOCIATED WITH THE TOY OR ARTICLE; AND
   (III) WHETHER THE TOY OR ARTICLE IS COMMONLY RECOGNIZED  BY  CONSUMERS
 AS BEING INTENDED FOR USE BY A CHILD UNDER TWELVE YEARS OF AGE.
   (B) "CHILDREN'S PRODUCT" SHALL NOT INCLUDE:
   (I)  A CHILDREN'S ELECTRONIC PRODUCT, INCLUDING, BUT NOT LIMITED TO, A
 PERSONAL COMPUTER,  AUDIO  AND  VIDEO  EQUIPMENT,  CALCULATOR,  WIRELESS
 PHONE,  GAME  CONSOLE,  HANDHELD DEVICE INCORPORATING A VIDEO SCREEN, OR
 ANY ASSOCIATED PERIPHERAL SUCH AS A MOUSE, KEYBOARD, POWER SUPPLY  UNIT,
 OR POWER CORD;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11364-08-5
 S. 7821--A                          2
 
   (II) A MEDICAL DEVICE; OR
   (III)  AN  INTERNAL  COMPONENT  OF A CHILDREN'S PRODUCT THAT WOULD NOT
 COME INTO DIRECT CONTACT WITH A CHILD'S SKIN OR MOUTH DURING  REASONABLY
 FORESEEABLE USE AND ABUSE OF THE PRODUCT.
   2.  NO  MANUFACTURER  SHALL SELL, OFFER FOR SALE OR DISTRIBUTE IN THIS
 STATE ANY NEW CHILDREN'S PRODUCT,  MATTRESS,  OR  UPHOLSTERED  FURNITURE
 THAT CONTAINS, OR A CONSTITUENT COMPONENT OF WHICH CONTAINS, FIBERGLASS,
 UNLESS  IT  CONTAINS  A  PROMINENT  PERMANENT  LABEL   WHICH INFORMS THE
 CONSUMER THAT THE  PRODUCT  SHOULD  BE  HANDLED  WITH  CARE  BECAUSE  IT
 CONTAINS  FIBERGLASS   WHICH CAN BE HARMFUL TO THE CONSUMER IF INGESTED,
 INHALED, OR EXPOSED TO SKIN. SUCH LABEL MUST BE SECURELY ATTACHED TO THE
 PRODUCT OR PACKAGING IN A MANNER THAT IT MAY BE SEEN BY CONSUMERS  PRIOR
 TO AND THROUGHOUT THE DURATION OF THE PRODUCT'S USE.
   3.  A  CUSTOM  UPHOLSTERER  SHALL  NOT  REPAIR,  REUPHOLSTER, RECOVER,
 RESTORE, OR RENEW ANY CHILDREN'S PRODUCT, MATTRESS,  UPHOLSTERED  FURNI-
 TURE,  OR  REUPHOLSTERED  FURNITURE  USING  A REPLACEMENT COMPONENT THAT
 CONTAINS, OR A CONSTITUENT COMPONENT OF WHICH CONTAINS, FIBERGLASS.
   4. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL  BE  PUNISHABLE
 BY  A  CIVIL  PENALTY  NOT  TO  EXCEED  FIVE  HUNDRED  DOLLARS  FOR EACH
 VIOLATION.
   § 2. This act shall take effect January 1, 2026. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.

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