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SECTION 37-0911
Children's product safety council; established
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 9
§ 37-0911. Children's product safety council; established. 1. There
shall be established, within the department, the children's product
safety council. Such council shall be composed of ten members as
follows:

(a) the commissioner, or the commissioner's designee, who shall be the
chair of the council;

(b) the commissioner of health or his or her designee;

(c) a designee of the commissioner with expertise in epidemiology,
toxicology or health risk assessment;

(d) a designee of the commissioner of health with expertise in
epidemiology, toxicology or health risk assessment; and

(e) six members appointed by the governor, two of whom shall be
recommended by the temporary president of the senate, and two by the
speaker of the assembly.

2. (a) Of the four members appointed to the children's product safety
council and recommended by the temporary president of the senate and the
speaker of the assembly, the temporary president of the senate and the
speaker of the assembly shall each recommend:

(i) one member who has expertise in pediatrics; and

(ii) one member who has a background or expertise in toxicology or
health risk assessment.

(b) Of the two additional members appointed to the children's product
safety council, the governor shall appoint members who have a background
in environmental health and safety, risk assessment or medicine.

(c) The members of such council appointed pursuant to paragraph (e) of
subdivision one of this section shall serve terms of two years.

(d) The members appointed pursuant to paragraph (e) of subdivision one
of this section shall each serve his or her term of office or until his
or her successor is appointed; provided that any vacancy in the position
of an appointed member shall be filled in the same manner as the
original appointment and only for the unexpired term of the vacancy.

3. The members of the children's product safety council shall receive
no compensation for their services, but shall be allowed their actual
and necessary expenses incurred in the performance of their duties
pursuant to this title.

4. The children's product safety council shall meet at such times and
places as may be determined by its chair. The council shall meet at a
minimum of two times per year. All meetings shall be open to the public
pursuant to article seven of the public officers law. A majority of the
members of such council shall constitute a quorum for the transaction of
business. Action may be taken, and motions and resolutions adopted, at
any meeting by the affirmative vote of a majority of the full membership
of the council.

5. (a) The council shall make recommendations to the department
relating to those chemicals, which the department may list as
high-priority chemicals pursuant to section 37-0905 of this title. The
council shall provide the department with its first list of recommended
high-priority chemicals no later than one year from the initial meeting
of the council, and the council shall update the list annually
thereafter. In determining what chemicals shall be recommended as
high-priority chemicals the council shall, at a minimum, consider the
criteria of paragraph (b) of subdivision two of section 37-0905 of this
title;

(b) The council shall make recommendations to the department relating
to those chemicals which should be prohibited by the department pursuant
to subdivision two of section 37-0909 of this title.

(i) In determining what chemicals shall be recommended for
prohibition, the council shall, at a minimum, consider those chemicals
listed as high-priority chemicals pursuant to section 37-0905 of this
title.

(ii) The council shall provide the department with its first list of
such chemicals no later than two years from the initial meeting of the
council. The council shall update the list, including a review of the
chemicals listed as high-priority chemicals pursuant to section 37-0905
of this title, annually thereafter.

6. The children's product safety council shall be entitled to request
and receive information from any state, municipal department, board,
commission or agency that may be required or are deemed necessary for
the purposes of such council.

7. Before the council advances any recommendation to the department,
the council shall provide an opportunity for public and stakeholder
comments. Final recommendations of the council shall be posted on the
department's website within thirty days after the council adopts such
recommendations.