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).
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.
