STATE OF NEW YORK
________________________________________________________________________
8266
2017-2018 Regular Sessions
IN ASSEMBLY
June 5, 2017
___________
Introduced by M. of A. ENGLEBRIGHT -- 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 children's 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 CHILDREN'S PRODUCTS
5 Section 37-0901. Definitions.
6 37-0903. Consumer notice.
7 37-0905. Reporting on the use of chemicals.
8 37-0907. Sales prohibition.
9 37-0909. Applicability.
10 37-0911. Enforcement and implementation.
11 37-0913. Regulations.
12 § 37-0901. Definitions.
13 As used in this title, unless the context otherwise indicates, the
14 following terms have the following meanings.
15 1. "Children's apparel" means any item of clothing that consists of
16 fabric or related material intended or promoted for use in children's
17 clothing. Children's apparel does not mean protective equipment designed
18 to prevent injury, including, but not limited to, bicycle helmets,
19 athletic supporters, knee pads or elbow pads.
20 2. "Chemical" means a substance with a distinct molecular composition
21 or a group of structurally related substances and includes the breakdown
22 products of the substance or substances that form through decomposition,
23 degradation or metabolism.
24 3. "Chemicals of concern" means:
25 (a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01267-03-7
A. 8266 3
1 (mm) Ethylene glycol (CAS 107-21-1)
2 (nn) Ethylene glycol monoethyl ester (CAS 110-80-5)
3 (oo) Formaldehyde (CAS 50-0-0)
4 (pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
5 (qq) Hexachlorobenzene (CAS 118-74-1)
6 (rr) Hexachlorobutadiene (CAS 87-68-3)
7 (ss) Lead & lead compounds (CAS 7439-92-1)
8 (tt) Mercury & mercury compounds (CAS 7439-97-6) including methyl
9 mercury (CAS 22967-92-6)
10 (uu) Methyl ethyl ketone (CAS 78-93-3)
11 (vv) Methyl paraben (CAS 99-76-3)
12 (ww) Methylene chloride (CAS 75-09-2)
13 (ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)
14 (xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)
15 (xx-1) Mono-n-butylphthalate (CAS 131-70-4)
16 (yy) N-methylpyrrolidone (CAS 872-50-4)
17 (yy-1) Nickel and nickel compounds (CAS N/A)
18 (zz) N-nitrosodimethylamine (CAS 62-75-9)
19 (aaa) N-nitrosodiphenylamine (CAS 86-30-6)
20 (bbb) Octamethylcyclotetrasiloxane (CAS 556-67-2)
21 (ccc) Para-chloroaniline (CAS 106-47-3)
22 (ddd) Perchloroethylene (CAS 127-18-4)
23 (eee) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763-
24 23-1)
25 (fff) Phenol (CAS 108-95-2)
26 (ggg) Phenol, 4-octyl- (CAS 1806-26-4)
27 (hhh) Phthalic anhydride (CAS 85-44-9)
28 (iii) P-hydroxybenzoic acid (CAS 99-96-7)
29 (jjj) Propyl paraben (CAS 94-13-3)
30 (jjj-1) Silica, crystalline (in the form of quartz or cristabolite
31 dust) (CAS 14808-60-7)
32 (kkk) Styrene (CAS 100-42-5)
33 (lll) Tetrabromobisphenol A (CAS 79-94-7)
34 (mmm) Toluene (CAS 108-88-3)
35 (nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)
36 (ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
37 (ppp) Vinyl chloride (CAS 75-01-4)
38 4. "Children" means a person or persons aged twelve and under.
39 5. "Children's product" means a product primarily intended for, made
40 for or marketed for use by children, such as baby products, toys, car
41 seats, school supplies, personal care products, a product designed or
42 intended by the manufacturer to help a child with sucking or teething,
43 to facilitate sleep, relaxation, or the feeding of a child, and chil-
44 dren's novelty products, children's jewelry, children's bedding, furni-
45 ture, furnishings, and apparel. "Children's product" does not include
46 (a) batteries; or (b) consumer electronic products including but not
47 limited to personal computers, audio and video equipment, calculators,
48 wireless phones, game consoles, and handheld devices incorporating a
49 video screen, used to access interactive software and their associated
50 peripherals; or (c) a food or beverage or an additive to a food or
51 beverage regulated by the United States Food and Drug Administration; or
52 (d) a tobacco product; or (e) a pesticide regulated by the United States
53 Environmental Protection Agency. "Children's product" also does not
54 include a drug, biologic or medical device regulated by the United
55 States Food and Drug Administration.
A. 8266 4
1 6. "Distributor" means a person who sells children's products to
2 retail establishments on a wholesale basis.
3 7. "Intentionally added" means the deliberate use in the formulation
4 of a product or subpart where its continued presence is desired in the
5 final product or subpart to provide a specific characteristic, appear-
6 ance or quality.
7 8. "Manufacturer" means any person who currently manufactures a chil-
8 dren's product or whose brand name is affixed to the children's product.
9 In the case of a children's product that was imported into the United
10 States, "manufacturer" includes the importer or first domestic distribu-
11 tor of the children's product if the person who currently manufactures
12 or assembles the children's product or whose brand name is affixed to
13 the children's product does not have a presence in the United States.
14 9. "Dangerous chemical" means (a) the following chemicals:
15 CASRN13674-87-8Tris (1, 3 dichloro-2-propyl) phosphate
16 CASRN71-43-2Benzene
17 CASRN7439-92-1lead and compounds (inorganic)
18 CASRN7439-97-6Mercury and mercury compounds, including methyl
19 mercury (CASRN 22967-92-6)
20 CASRN7440-36-0Antimony and antimony compounds
21 CASRN50-00-0Formaldehyde
22 CASRN1332-21-4Asbestos
23 CASRN7440-38-2Arsenic and arsenic compounds including arsenic
24 trioxide (CASRN 1327-53-3)
25 and dimethyl arsenic (CASRN 75-60-5)
26 CASRN7440-43-9Cadmium
27 CASRN7440-48-4Cobalt and cobalt compounds and
28 (b) a chemical adopted by the department pursuant to section 37-0903
29 of this title.
30 10. "Toy" means a product designed or intended by the manufacturer to
31 be used by children at play.
32 § 37-0903. Consumer notice.
33 1. Publishing of lists. Within one hundred eighty days of the effec-
34 tive date of this title, the department shall post lists of dangerous
35 chemicals and chemicals of concern on the department's website.
36 2. Periodic review. (a) The department, in consultation with the
37 department of health, may periodically review the list of dangerous
38 chemicals and, through regulation, add or remove dangerous chemicals or
39 chemicals of concern from such lists.
40 (b) The department, in consultation with the department of health, may
41 identify a chemical as a dangerous chemical if, upon such review, it is
42 present in a children's product and meets any of the following criteria:
43 (i) The chemical or its metabolites have been found through biomoni-
44 toring to be present in humans;
45 (ii) The chemical has been found through sampling and analysis to be
46 present in household dust, indoor air, drinking water or elsewhere in
47 the home environment;
48 (iii) The chemical has been found through monitoring to be present in
49 fish, wildlife or the natural environment; or
50 (iv) The sale or use of the chemical or a children's product contain-
51 ing the chemical has been banned in another state or states within the
52 United States because of the health effects of such chemical.
53 (c) The department, in consultation with the department of health, may
54 remove a chemical from the list of dangerous chemicals if, upon review,
55 it determines on the basis of credible scientific evidence that such
A. 8266 5
1 chemical no longer meets the criteria for listing under paragraph (b) of
2 this subdivision.
3 (d) The department, in consultation with the department of health
4 shall identify a chemical as a chemical of concern if, upon review, it
5 determines that the chemical has been identified by a state, federal or
6 international governmental entity on the basis of credible scientific
7 evidence as:
8 (i) A carcinogen, reproductive or developmental toxicant, neurotoxi-
9 cant, asthmagen, or endocrine disruptor;
10 (ii) Persistent, bioaccumulative and toxic; or
11 (iii) Very persistent and very bioaccumulative.
12 § 37-0905. Reporting on the use of chemicals.
13 1. Reporting of chemical use. No later than twelve months after a
14 dangerous chemical appears on the list published pursuant to section
15 37-0903 of this title, every manufacturer who offers a children's prod-
16 uct for sale or distribution in this state that contains a dangerous
17 chemical or chemical of concern shall report such chemical use to the
18 department.
19 (a) This report must at a minimum identify the children's product
20 category, the dangerous chemical or chemicals of concern contained in
21 the children's product and the intended purpose of such chemicals. The
22 department may also require reporting of the following information:
23 (i) the amount of such chemical in the children's product; or
24 (ii) information on the likelihood that the chemical will be released
25 from the children's product to the environment during the product's life
26 cycle and the extent to which users of the product category are likely
27 to be exposed to the chemical.
28 (b) The department is authorized to direct submission of such report
29 to the interstate chemicals clearinghouse.
30 2. Waiver of reporting. Upon application by a manufacturer, the
31 commissioner may waive all or part of the reporting requirements under
32 subdivision one of this section for one or more specified uses of a
33 dangerous chemical. In making such determination, the commissioner may
34 consider: (a) if substantially equivalent information is already public-
35 ly available or that the information is not needed for the purposes of
36 this chapter, (b) similar waivers granted by other states, and (c)
37 whether the specified use or uses are minor in volume.
38 3. Notice. (a) A manufacturer of a children's product containing a
39 dangerous chemical shall notify persons that offer the children's prod-
40 uct for sale or distribution in the state, in a form prescribed by the
41 department, of the presence of such dangerous chemical, and provide such
42 persons with information regarding the toxicity of such chemical.
43 (b) The department shall notify consumers about children's products
44 containing chemicals of concern and dangerous chemicals. The notifica-
45 tion shall be published on the department's website.
46 4. Fees. The manufacturer shall pay a fee upon submission of a report
47 of chemical use pursuant to subdivision one of this section or a waiver
48 request pursuant to subdivision two of this section to cover the depart-
49 ment's reasonable costs in the amount of five hundred dollars per
50 reported product category.
51 § 37-0907. Sales prohibition.
52 1. Effective January first, two thousand twenty, no person shall
53 distribute, sell or offer for sale in this state a children's product
54 containing tris (1, 3 dichloro-2-propyl) phosphate, benzene, lead and
55 compounds (inorganic), mercury and mercury compounds including methyl
56 mercury, antimony and antimony compounds, formaldehyde, asbestos, arsen-
A. 8266 6
1 ic and arsenic compounds including arsenic trioxide and dimethyl arsen-
2 ic, cadmium, and cobalt and cobalt compounds. This provision shall not
3 apply to a children's product solely based on its containing an enclosed
4 battery or enclosed electronic components. The commissioner may exempt a
5 children's product from this prohibition if, in the commissioner's judg-
6 ment, the lack of availability of the children's product could pose an
7 unreasonable risk to public health, safety or welfare.
8 2. Effective three years after being added to the dangerous chemicals
9 list, no person shall distribute, sell, or offer for sale in this state
10 a children's product that contains a chemical added to the dangerous
11 chemicals list pursuant to section 37-0903 of this title.
12 § 37-0909. Applicability.
13 1. New children's products. The provisions of this title shall apply
14 to chemicals in children's products sold or distributed as new and does
15 not apply to used children's products that are sold or distributed for
16 free at secondhand stores, yard sales, on the internet or donated to
17 charities.
18 2. Industry. The requirements of this title shall not apply to priori-
19 ty chemicals used in or for industry or manufacturing, including chemi-
20 cals processed or otherwise used in or for industrial or manufacturing
21 processes and not included in the final product.
22 3. Transportation. The requirements of this title shall not apply to
23 motor vehicles or their component parts, watercraft or their component
24 parts, all terrain vehicles or their component parts, or off-highway
25 motorcycles or their component parts, except that the use of dangerous
26 chemicals in detachable car seats is not exempt.
27 4. Combustion. The requirements of this title shall not apply to
28 dangerous chemicals generated solely as combustion by-products or that
29 are present in combustible fuels.
30 5. Exceptions. The requirements of this title shall not apply to chil-
31 dren's product makers that employ five persons or fewer, and are inde-
32 pendently owned and operated.
33 6. Retailers. A retailer is exempt from the requirements of this title
34 unless that retailer knowingly sells a children's product containing a
35 dangerous chemical after the effective date of its prohibition for which
36 that retailer has received notification pursuant to subdivision three of
37 section 37-0905 of this title.
38 § 37-0911. Enforcement and implementation.
39 1. Failure to provide notice. A children's product containing a
40 dangerous chemical may not be sold, offered for sale or distributed for
41 sale in this state unless the manufacturer has provided the notification
42 required under section 37-0905 of this title by the date required in
43 such section. The commissioner may exempt a children's product from this
44 prohibition if, in the commissioner's judgment, the lack of availability
45 of the children's product could pose an unreasonable risk to public
46 health, safety or welfare.
47 2. Statement of compliance. If there are grounds to suspect that a
48 children's product is being offered for sale in violation of this title,
49 the department may request the manufacturer of the children's product to
50 provide a statement of compliance on a form provided by the department,
51 within ten days of receipt of a request from the department. The state-
52 ment of compliance shall:
53 (a) attest that the children's product does not contain the dangerous
54 chemical; or
55 (b) attest and provide the department with documentation that notifi-
56 cation of the presence of the dangerous chemical has been provided to
A. 8266 7
1 the department or provide notice as required by section 37-0905 of this
2 title; or
3 (c) attest that the manufacturer has notified persons who sell the
4 product in this state that the sale of the children's product is prohib-
5 ited.
6 § 37-0913. Regulations.
7 The department may adopt any rules and regulations it deems necessary
8 to implement the provisions of this title.
9 § 2. This act shall take effect on the one hundred twentieth day after
10 it shall have become a law. Effective immediately, the department of
11 environmental conservation is authorized to implement rules and regu-
12 lations for the timely implementation of this act on its effective date.
