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A03591 Summary:

BILL NOA03591
 
SAME ASSAME AS S03056
 
SPONSOREnglebright
 
COSPNSRCahill, Rozic, Mosley, Lifton, Pichardo, Gottfried, Zebrowski, Galef, Glick, Lavine, Santabarbara, Thiele, Steck, Jaffee, D'Urso, Simon, Rivera, Seawright, Peoples-Stokes, Williams, Colton, Fahy, Rosenthal L, De La Rosa, Weprin, Abinanti, Hyndman, Carroll, Jones, Paulin, Epstein, Arroyo, Taylor, Lupardo, Dinowitz
 
MLTSPNSR
 
Amd Art 37 Title 5 Head, 37-0501, 37-0505, 37-0507 & 37-0509, En Con L
 
Relates to prohibiting the sale of child care products containing bisphenol; establishes that beginning on December 31, 2021 no person, firm, partnership, association, limited liability company or corporation shall sell or offer for sale any child care product intended for use by a child three years of age or younger containing bisphenol AF (BPAF), bisphenol Z (BPZ), bisphenol S (BPS), bisphenol F (BPF), bisphenol AP (BPAP) and bisphenol B (BPB).
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A03591 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3591
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT,  CAHILL, ROZIC, MOSLEY, LIFTON,
          PICHARDO, GOTTFRIED, ZEBROWSKI, GALEF,  GLICK,  LAVINE,  SANTABARBARA,
          THIELE,    STECK,    JAFFEE,   D'URSO,   SIMON,   RIVERA,   SEAWRIGHT,
          PEOPLES-STOKES,  WILLIAMS,  COLTON,  FAHY,  L. ROSENTHAL,  DE LA ROSA,
          WEPRIN,  ABINANTI,  HYNDMAN,  CARROLL, JONES, PAULIN, EPSTEIN, ARROYO,
          TAYLOR, LUPARDO, DINOWITZ -- read once and referred to  the  Committee
          on Environmental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the sale of child care products containing bisphenol
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The title heading of title 5 of article 37 of the environ-
     2  mental conservation law, as added by chapter 280 of the laws of 2010, is
     3  amended to read as follows:
     4                                BISPHENOL [A]
     5    § 2. Section 37-0501 of the environmental conservation law,  as  added
     6  by chapter 280 of the laws of 2010, is amended to read as follows:
     7  § 37-0501. Short title.
     8    This  title shall be known and may be cited as the "bisphenol [A-free]
     9  free children and babies act".
    10    § 3. Section 37-0505 of the environmental conservation law,  as  added
    11  by chapter 280 of the laws of 2010, is amended to read as follows:
    12  § 37-0505. Child care products.
    13    1.  (a)  Beginning  December first, two thousand ten, no person, firm,
    14  partnership, association, limited liability company or corporation shall
    15  sell or offer for sale any child care product  intended  for  use  by  a
    16  child three years of age or younger containing bisphenol A.
    17    (b)  Beginning  December  thirty-first,  two  thousand  twenty-one, no
    18  person, firm, partnership, association,  limited  liability  company  or
    19  corporation shall sell or offer for sale any child care product intended
    20  for use by a child three years of age or younger containing bisphenol AF

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07669-01-9

        A. 3591                             2
 
     1  (BPAF), bisphenol Z (BPZ), bisphenol S (BPS), bisphenol F (BPF), bisphe-
     2  nol AP (BPAP) and bisphenol B (BPB).
     3    2.  The  provisions  of  this  section  shall not apply to the sale or
     4  distribution of child care products resold or  offered  for  resale,  or
     5  distributed by consumers for consumer use.
     6    §  4.  Section 37-0507 of the environmental conservation law, as added
     7  by chapter 280 of the laws of 2010, is amended to read as follows:
     8  § 37-0507. Product labeling.
     9    The commissioner may authorize product labeling of  products  that  do
    10  not  contain  bisphenol  [A]. The label on such products may prominently
    11  state "Bisphenol [A] Free" [or "BPA-Free"] to inform consumers that  the
    12  product does not contain the chemical bisphenol [A].
    13    §  5.  Section 37-0509 of the environmental conservation law, as added
    14  by chapter 280 of the laws of 2010, is amended to read as follows:
    15  § 37-0509. Preemption.
    16    Jurisdiction in all matters pertaining  to  bisphenol  [A]  which  are
    17  regulated  pursuant  to  the  provisions  of  this title shall be vested
    18  exclusively in the state.
    19    § 6. This act shall take effect December 31, 2021.
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