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STATE OF NEW YORK ________________________________________________________________________ 4036 2011-2012 Regular Sessions IN ASSEMBLY February 1, 2011 ___________ Introduced by M. of A. GABRYSZAK, WEISENBERG, MILLMAN, WEPRIN, MAYERSOHN -- Multi-Sponsored by -- M. of A. CAHILL, GIBSON, GOTTFRIED, HIKIND, McENENY, SCHIMEL -- read once and referred to the Committee on Consum- er 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 bisphenol-A or phthalates, which are intended for use by or upon a child under the age of fourteen years The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 397-b to read as follows: 3 § 397-b. Toys and child care products; bisphenol-A and phthalates. 1. 4 The legislature hereby finds that bisphenol-A, an estrogen-mimicking 5 endocrine disrupter chemical, is used in the production of epoxy resins 6 and polycarbonate plastics, and is the main ingredient in hard polycar- 7 bonate plastics. These plastics are used in many food and drink packag- 8 ing applications, and the resins are commonly used as lacquers to coat 9 metal products such as food cans, bottle tops and water supply pipes. 10 Bisphenol-A has been shown to have hormone disrupting effects, and is 11 also used in many products intended for use by young children including 12 toys, pacifiers, baby bottles and teethers. 13 The legislature also finds that phthalates are chemicals used to plas- 14 ticize some food containers, plastic wrap, toys, shampoos, perfumes and 15 beauty products. Such chemicals have been shown to have hormone disrupt- 16 ing effects. 17 2. No person, firm, partnership, association, limited liability compa- 18 ny or corporation shall manufacture, distribute, sell or offer for sale 19 any toy or child care product containing bisphenol-A, intended for use 20 by a child under fourteen years of age. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08242-01-1A. 4036 2 1 3. For the purposes of this section, "phthalates" means 2 di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl 3 phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate 4 (DIDP), or di-n-octyl phthalate (DnOP). 5 4. No person, firm, partnership, association, limited liability compa- 6 ny or corporation shall manufacture, distribute, sell or offer for sale 7 any toy or child care product containing any individual phthalate or 8 multiple phthalates in concentrations in excess of 0.1 percent. 9 5. No person, firm, partnership, association, limited liability compa- 10 ny or corporation shall manufacture, distribute, sell or offer for sale 11 any toy or child care product containing any individual phthalate or 12 multiple phthalates in concentrations in excess of 0.1 percent, intended 13 for use by a child under fourteen years of age when such toy or product 14 may be placed in the child's mouth. 15 6. Every manufacturer of a product or toy prohibited by this section 16 shall use the least toxic alternative to the bisphenol-A or phthalate in 17 the toy or product. Such alternative shall not be (i) a carcinogen rated 18 by the United States Environmental Protection Agency as A, B or C carci- 19 nogens, or substances listed as known or likely carcinogens, known to be 20 human carcinogens, likely to be human carcinogens or suggestive of being 21 human carcinogens, as described in the "List of Chemicals Evaluated for 22 Carcinogen Potential"; or (ii) reproductive toxicants that cause birth 23 defects, reproductive harm or developmental harm as identified by the 24 United States Environmental Protection Agency. 25 7. Any person, firm, partnership, association, limited liability 26 company or corporation which violates any provision of this section 27 shall be liable for a civil fine of not less than ten thousand dollars 28 for each day of such violation. 29 § 2. This act shall take effect on the first of January next succeed- 30 ing the date on which it shall have become a law.