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A07876 Summary:

SPONSORRosenthal L
Add Art 37 Title 9 §§37-0901 - 37-0915, En Con L
Relates to regulation of toxic chemicals in pet products; establishes the interstate chemical clearinghouse.
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A07876 Actions:

05/28/2019referred to environmental conservation
01/08/2020referred to environmental conservation
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A07876 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      May 28, 2019
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation to regu-
          lation of toxic chemicals in pet products
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Article 37 of the environmental conservation law is amended
     2  by adding a new title 9 to read as follows:
     3                                  TITLE IX
     4                       TOXIC CHEMICALS IN PET PRODUCTS
     5  Section 37-0901. Definitions.
     6          37-0903. Priority chemicals and chemicals of high concern.
     7          37-0905. Disclosure of information on priority chemicals.
     8          37-0907. Sales prohibition.
     9          37-0909. Applicability.
    10          37-0911. Enforcement and implementation.
    11          37-0913. Interstate chemical clearinghouse.
    12          37-0915. Regulations.
    13  § 37-0901. Definitions.
    14    As  used  in  this  title, unless the context otherwise indicates, the
    15  following terms have the following meanings.
    16    1. "Chemical" means a substance with a distinct molecular  composition
    17  or a group of structurally related substances and includes the breakdown
    18  products of the substance or substances that form through decomposition,
    19  degradation or metabolism.
    20    2. "Chemicals of high concern" means:
    21    (a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
    22    (a-1) 1,2-Dibromoethane (CAS 106-93-4)
    23    (a-2)  1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140-
    24  66-9)
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7876                             2
     1    (a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS
     2  27193-28-8)
     3    (a-4) 1,3-Butadiene (CAS 106-99-0)
     4    (b) 1,4-Dioxane (CAS 123-91-1)
     5    (c)  2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl  ether;  BDE-209  (CAS
     6  1163-19-5)
     7    (d) 2,4-Diaminotoluene (CAS 95-80-7)
     8    (d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)
     9    (e) 2-Aminotoluene (CAS 95-53-4)
    10    (f) 2-Ethylhexanoic acid (CAS 149-57-5)
    11    (g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
    12    (g-1) 2-Napthylamine (CAS 91-59-8)
    13    (h) 2-Methoxyethanol (CAS 109-86-4)
    14    (i)     3,3'-Dimethylbenzidine     and     dyes     metabolized     to
    15  3,3'-Dimethylbenzidine (CAS 119-93-7)
    16    (i-1) 4-Hydroxybiphenol (CAS 92-69-3)
    17    (j)   4-Nonylphenol;  4-NP  and  its  isomer  mixtures  including  CAS
    18  84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
    19    (j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)
    20    (k)   4-Tert-octylphenol;    1,1,3,3-Tetramethyl-4-butylphenol    (CAS
    21  140-66-9)
    22    (l) Acetaldehyde (CAS 75-07-0)
    23    (m) Acrylonitrile (CAS 107-13-1)
    24    (n) Aniline(CAS 62-53-3)
    25    (o) Antimony & antimony compounds (CAS 7440-36-0)
    26    (p)  Arsenic  &  arsenic  compounds  (CAS 7440-38-2) including arsenic
    27  trioxide & dimethyl arsenic (CAS 75-60-5)
    28    (q) Asbestos (CAS 1332-21-4)
    29    (r) Benzene (CAS 71-43-2)
    30    (s) Benzene, pentachloro (CAS 608-93-5)
    31    (s-1) Benzidine and its salts (CAS 92-87-5)
    32    (t)  Benzophenone-2  (BP-2);  2,2',4,4'-tetrahydroxybenzophenone  (CAS
    33  131-55-5)
    34    (u) Bisphenol A (CAS 80-05-7)
    35    (v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
    36    (w) Butyl paraben (CAS 94-28-6)
    37    (x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
    38    (y) C.I. solvent yellow 14 (CAS 842-07-9)
    39    (z) Cadmium & cadmium compounds (CAS 7440-43-9)
    40    (aa) Carbon disulfide (CAS 75-15-0)
    41    (bb) Cobalt & cobalt compounds (CAS 7440-48-4)
    42    (cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)
    43    (dd) Dibutyl phthalate (CAS 84-74-2)
    44    (dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
    45    (ee) Diethyl phthalate (CAS 84-66-2)
    46    (ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)
    47    (gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)
    48    (hh) Di-n-hexyl phthalate (CAS 84-75-3)
    49    (ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
    50    (ii-1) Epichlorohydrin (CAS 106-98-9)
    51    (jj) Estragole (CAS 140-67-0)
    52    (kk) Ethyl paraben (CAS 120-47-8)
    53    (ll) Ethylbenzene (CAS 100-41-4)
    54    (mm) Ethylene glycol (CAS 107-21-1)
    55    (nn) Ethylene glycol monoethyl ester (CAS 110-80-5)
    56    (oo) Formaldehyde (CAS 50-0-0)

        A. 7876                             3

     1    (pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
     2    (qq) Hexachlorobenzene (CAS 118-74-1)
     3    (rr) Hexachlorobutadiene (CAS 87-68-3)
     4    (ss) Lead & lead compounds (CAs 7439-92-1)
     5    (tt)  Mercury  &  mercury  compounds  (CAS 7439-97-6) including methyl
     6  mercury (CAS 22967-92-6)
     7    (uu) Methyl ethyl ketone (CAS 78-93-3)
     8    (vv) Methyl paraben (CAS 99-76-3)
     9    (ww) Methylene chloride (CAS 75-09-2)
    10    (ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)
    11    (xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)
    12    (xx-1) Mono-n-butylphthalate (CAS 131-70-4)
    13    (yy) N-methylpyrrolidone (CAS 872-50-4)
    14    (yy-1) Nickel and nickel compounds (CAS N/A)
    15    (zz) N-nitrosodimethylamine (CAS 62-75-9)
    16    (aaa) N-nitrosodiphenylamine (CAS 86-30-6)
    17    (bbb) Octamethylcyclotetrasiloxane (CAS 556-67-2)
    18    (ccc) Para-chloroaniline (CAS 106-47-3)
    19    (ddd) Perchloroethylene (CAS 127-18-4)
    20    (eee) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS  1763-
    21  23-1)
    22    (fff) Phenol (CAS 108-95-2)
    23    (ggg) Phenol, 4-octyl- (CAS 1806-26-4)
    24    (hhh) Phthalic anhydride (CAS 85-44-9)
    25    (iii) P-hydroxybenzoic acid (CAS 99-96-7)
    26    (jjj) Propyl paraben (CAS 94-13-3)
    27    (jjj-1)  Silica,  crystalline  (in  the form of quartz or cristabolite
    28  dust) (CAS 14808-60-7)
    29    (kkk) Styrene (CAS 100-42-5)
    30    (lll) Tetrabromobisphenol A (CAS 79-94-7)
    31    (mmm) Toluene (CAS 108-88-3)
    32    (nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)
    33    (ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
    34    (ppp) Vinyl chloride (CAS 75-01-4)
    35    3. "Distributor" means a person  who  sells  pet  products  to  retail
    36  establishments on a wholesale basis.
    37    4.  "Intentionally  added" means the deliberate use in the formulation
    38  of a product or subpart where its continued presence is desired  in  the
    39  final  product  or subpart to provide a specific characteristic, appear-
    40  ance or quality.
    41    5. "Manufacturer" means any  person  who  currently  manufactures  pet
    42  products or whose brand name is affixed to a pet product. In the case of
    43  pet  products  that were imported into the United States, "manufacturer"
    44  includes the importer or first domestic distributor of the pet  products
    45  if  the  person who currently manufactures or assembles the pet products
    46  or whose brand name is affixed to the pet products does not have a pres-
    47  ence in the United States.
    48    6. "Pet" means any domesticated animal normally maintained in or  near
    49  the  household  of  the  owner or person who cares for such domesticated
    50  animal. "Pet" shall not include a "farm animal" as defined  by  subdivi-
    51  sion  four of section three hundred fifty of the agriculture and markets
    52  law.
    53    7. "Pet apparel" means any item of clothing that consists of fabric or
    54  related material intended or promoted for use in pet clothing.
    55    8. "Pet product" means a product primarily intended for, made  for  or
    56  marketed  for  use  by a pet, such as toys, car seats, bedding, personal

        A. 7876                             4
     1  care products, a product designed or intended by the manufacturer to  be
     2  chewed  by  the  pet, and pet apparel.  "Pet product" does not include a
     3  food or beverage or an additive to a food or beverage regulated  by  the
     4  United States Food and Drug Administration.
     5    9. "Priority chemical" means (a) the following chemicals:
     6    CASRN13674-87-8   Tris (1, 3 dichloro-2-propyl) phosphate
     7    CASRN71-43-2      Benzene
     8    CASRN7439-92-1    lead and compounds (inorganic)
     9    CASRN7439-97-6    Mercury and mercury compounds, including methyl
    10                      mercury (CASRN 22967-92-6)
    11    CASRN50-00-0      Formaldahyde
    12    CASRN7440-36-0    Antimony and antimony compounds
    13    CASRN7440-38-2    Arsenic and arsenic compounds including arsenic
    14                      trioxide (CASRN 1327-53-3)
    15                      and dimethyl arsenic (CASRN 75-60-5)
    16    CASRN7440-43-9    Cadmium
    17    CASRN7440-48-4    Cobalt and cobalt compounds and
    18    (b)  a  chemical adopted by the department pursuant to section 37-0903
    19  of this title.
    20    10. "Toy" means a product designed or intended by the manufacturer  to
    21  be used by a pet at play.
    22  § 37-0903. Priority chemicals and chemicals of high concern.
    23    1. Publishing of list. Within one hundred eighty days of the effective
    24  date  of  this title, the department shall post lists of priority chemi-
    25  cals and chemicals of high concern on the department's website.
    26    2. Periodic review. (a)  The  department,  in  consultation  with  the
    27  department of health, may periodically review the list of priority chem-
    28  icals and, through regulation, identify additional priority chemicals or
    29  chemicals  of high concern or remove a chemical from such lists based on
    30  evidence that the chemical is not present in a pet product or  otherwise
    31  should not be subject to the requirements of this title.  Nothing herein
    32  shall  prevent  the department from acting to add such chemicals outside
    33  of the periodic review process.
    34    (b) If a chemical is removed from the listing  of  chemicals  of  high
    35  concern, it shall also be undesignated as a priority chemical.
    36    (c)  The  department,  in  consultation  with the department of health
    37  shall identify a chemical as a chemical of high concern if, upon review,
    38  it determines that the chemical has been identified by a state,  federal
    39  or international governmental entity on the basis of credible scientific
    40  evidence as:
    41    (i)  A  carcinogen,  a  reproductive  or  developmental toxicant or an
    42  endocrine disruptor;
    43    (ii) Persistent, bioaccumulative and toxic; or
    44    (iii) Very persistent and very bioaccumulative.
    45    (d) In making such determination, the department may consider  but  is
    46  not limited to considering:
    47    (i)  chemicals identified as "Group 1 carcinogens" or "Group 2A carci-
    48  nogens" by the  World  Health  Organization,  International  Agency  for
    49  Research on Cancer;
    50    (ii)  chemicals identified as "Group A carcinogens" or "Group B carci-
    51  nogens" by the United States Environmental Protection Agency;
    52    (iii) persistent, bioaccumulative and toxic  chemicals  identified  by
    53  other states or the United States Environmental Protection Agency; and
    54    (iv)  a very persistent, very bioaccumulative chemical listed in Annex
    55  XIV, List of Substances Subject to  Authorisation,  Regulation  (EC)  No

        A. 7876                             5
     1  1907/2006 of the European Parliament concerning the Registration, Evalu-
     2  ation, Authorisation and Restriction of Chemicals.
     3  § 37-0905. Disclosure of information on priority chemicals.
     4    1.  Reporting  of  chemical  use.  No later than twelve months after a
     5  priority chemical is listed on the list published  pursuant  to  section
     6  37-0903  of  this title, every manufacturer who offers a pet product for
     7  sale or distribution in this state that contains an intentionally  added
     8  priority  chemical shall report such chemical use to the department. The
     9  department may collaborate with other states and an interstate chemicals
    10  clearinghouse in developing such form.
    11    (a) This report must at a minimum identify the pet product, the prior-
    12  ity chemical or chemicals contained in the pet product, and the intended
    13  purpose of the chemicals in the pet product.   The department  may  also
    14  require reporting of the following information:
    15    (i)  the  potential for harm to animal health and the environment from
    16  specific uses of the priority chemical;
    17    (ii) the amount of such chemical in each  unit  of  the  pet  product,
    18  expressed in a range;
    19    (iii) information on the likelihood that the chemical will be released
    20  from  the pet product to the environment during the product's life cycle
    21  and the extent to which users of the product are likely to be exposed to
    22  the chemical; or
    23    (iv) information on the extent to which the chemical is present in the
    24  environment or animal body.
    25    (b) The department is authorized to direct submission  of  a  copy  of
    26  such report to the interstate chemicals clearinghouse.
    27    2.  Waiver  of  reporting.  Upon  application  by  a manufacturer, the
    28  commissioner may waive all or part of the reporting  requirements  under
    29  subdivision  one  of  this  section  for one or more specified uses of a
    30  priority chemical. In making such determination,  the  commissioner  may
    31  consider: (a) if substantially equivalent information is already public-
    32  ly  available  or that the information is not needed for the purposes of
    33  this chapter, (b) similar waivers  granted  by  other  states,  and  (c)
    34  whether the specified use or uses are minor in volume.
    35    3.  Notice  to retailers. A manufacturer of a pet product containing a
    36  priority chemical shall notify persons that offer the pet  products  for
    37  sale  or  distribution in the state, in a form prescribed by the depart-
    38  ment, of the presence  of  such  priority  chemical,  and  provide  such
    39  persons with information regarding the toxicity of such chemical.
    40    4.  Fees. The manufacturer shall pay a fee upon submission of a report
    41  of chemical use pursuant to subdivision one of this section or a  waiver
    42  request pursuant to subdivision two of this section to cover the depart-
    43  ment's  reasonable costs in the amount of six hundred dollars per chemi-
    44  cal.
    45  § 37-0907. Sales prohibition.
    46    Effective January 1, 2022, no person shall distribute, sell  or  offer
    47  for  sale in this state pet products containing a priority chemical that
    48  has been listed for at least one year.
    49  § 37-0909. Applicability.
    50    1. New pet products. The provisions of this title shall apply to chem-
    51  icals in pet products sold or distributed as new and does not  apply  to
    52  used  pet  products  that are sold or distributed for free at secondhand
    53  stores, yard sales, on the internet or donated to charities.
    54    2. Industry. The requirements of this title shall not apply to priori-
    55  ty chemicals used in or for industry or manufacturing, including  chemi-

        A. 7876                             6
     1  cals  processed  or otherwise used in or for industrial or manufacturing
     2  processes and not included in the final product.
     3    3.  Transportation.  The requirements of this title shall not apply to
     4  motor vehicles or their component parts, watercraft or  their  component
     5  parts,  all  terrain  vehicles  or their component parts, or off-highway
     6  motorcycles or their component parts, except that the  use  of  priority
     7  chemicals in detachable car seats for pets is not exempt.
     8    4.  Combustion.  The  requirements  of  this  title shall not apply to
     9  priority chemicals generated solely as combustion  by-products  or  that
    10  are present in combustible fuels.
    11    5. Retailers. A retailer is exempt from the requirements of this title
    12  unless that retailer knowingly sells a pet product containing a priority
    13  chemical  after  the  effective  date  of its prohibition for which that
    14  retailer has received notification  pursuant  to  subdivision  three  of
    15  section 37-0905 of this title.
    16  § 37-0911. Enforcement and implementation.
    17    1.  Failure  to  provide  notice.  A pet product containing a priority
    18  chemical may not be sold, offered for sale or distributed  for  sale  in
    19  this  state  unless  the  manufacturer  has  provided  the  notification
    20  required under section 37-0905 of this title by  the  date  required  in
    21  such section. The commissioner may exempt a pet product from this prohi-
    22  bition  if,  in the commissioner's judgment, the lack of availability of
    23  the pet product could pose an unreasonable risk to public health, safety
    24  or welfare.
    25    2. Statement of compliance. If there are grounds to suspect that a pet
    26  product is being offered for  sale  in  violation  of  this  title,  the
    27  department  may request the manufacturer of the pet product to provide a
    28  statement of compliance on a form provided by the department, within ten
    29  days of receipt of a request  from  the  department.  The  statement  of
    30  compliance shall:
    31    (a)  attest  that the pet product does not contain the priority chemi-
    32  cal; or
    33    (b) attest and provide the department with documentation that  notifi-
    34  cation of the presence of the priority chemical has been provided to the
    35  department  or  provide  notice  as  required by section 37-0905 of this
    36  title; or
    37    (c) attest that the manufacturer has notified  persons  who  sell  the
    38  product in this state that the sale of the pet product is prohibited.
    39  § 37-0913. Interstate chemical clearinghouse.
    40    1. The department is authorized to participate in an interstate chemi-
    41  cals  clearinghouse  to  assist in carrying out the requirements of this
    42  title. The department shall work in collaboration with other states  and
    43  an  interstate chemicals clearinghouse for the purpose of, including but
    44  not limited to:
    45    (a) collection and dissemination  of  information  regarding  chemical
    46  hazards;
    47    (b)  collection  and dissemination of information regarding the use of
    48  chemicals in pet products;
    49    (c) assessment of alternatives to chemicals and their use in products;
    50  and
    51    (d) public education.
    52    2. Such clearinghouse is authorized to maintain information on  behalf
    53  of  the  state  of  New York, including, but not limited to, information
    54  regarding chemicals contained in  pet  products  disclosed  pursuant  to
    55  section 37-0905 of this title.
    56  § 37-0915. Regulations.

        A. 7876                             7
     1    The  department may adopt any rules and regulations it deems necessary
     2  to implement the provisions of this title.
     3    § 2. This act shall take effect on the one hundred twentieth day after
     4  it  shall  have  become  a law. Effective immediately, the department of
     5  environmental conservation is authorized to implement  rules  and  regu-
     6  lations for the timely implementation of this act on its effective date.
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