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A08266 Summary:

COSPNSRSepulveda, Colton, Lifton, Thiele, Rosenthal L, Carroll, Quart, Dinowitz, Galef, Lupardo, Titone, Ortiz, Pheffer Amato, Steck, Pellegrino, Brindisi, Abinanti, De La Rosa, Hyndman, Seawright, Gottfried, Weprin, Jones, Stirpe, Paulin, Bohen, Taylor, Arroyo, Peoples-Stokes, Santabarbara, Glick, D'Urso
MLTSPNSRBronson, Buchwald, McDonough
Add Art 37 Title 9 37-0901 - 37-0913, En Con L
Relates to regulation of toxic chemicals in children's products.
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A08266 Text:

                STATE OF NEW YORK
                               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
     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.

        A. 8266                             2
     1    (a-1) 1,2-Dibromoethane (CAS 106-93-4)
     2    (a-2)  1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140-
     3  66-9)
     4    (a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS
     5  27193-28-8)
     6    (a-4) 1,3-Butadiene (CAS 106-99-0)
     7    (b) 1,4-Dioxane (CAS 123-91-1)
     8    (c)  2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl  ether;  BDE-209  (CAS
     9  1163-19-5)
    10    (d) 2,4-Diaminotoluene (CAS 95-80-7)
    11    (d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)
    12    (e) 2-Aminotoluene (CAS 95-53-4)
    13    (f) 2-Ethylhexanoic acid (CAS 149-57-5)
    14    (g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
    15    (g-1) 2-Napthylamine (CAS 91-59-8)
    16    (h) 2-Methoxyethanol (CAS 109-86-4)
    17    (i)     3,3'-Dimethylbenzidine     and     dyes     metabolized     to
    18  3,3'-Dimethylbenzidine (CAS 119-93-7)
    19    (i-1) 4-Hydroxybiphenol (CAS 92-69-3)
    20    (j)  4-Nonylphenol;  4-NP  and  its  isomer  mixtures  including   CAS
    21  84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
    22    (j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)
    23    (k)    4-Tert-octylphenol;    1,1,3,3-Tetramethyl-4-butylphenol   (CAS
    24  140-66-9)
    25    (l) Acetaldehyde (CAS 75-07-0)
    26    (m) Acrylonitrile (CAS 107-13-1)
    27    (n) Aniline(CAS 62-53-3)
    28    (o) Antimony & antimony compounds (CAS 7440-36-0)
    29    (p) Arsenic & arsenic  compounds  (CAS  7440-38-2)  including  arsenic
    30  trioxide & dimethyl arsenic (CAS 75-60-5)
    31    (q) Asbestos (CAS 1332-21-4)
    32    (r) Benzene (CAS 71-43-2)
    33    (s) Benzene, pentachloro (CAS 608-93-5)
    34    (s-1) Benzidine and its salts (CAS 92-87-5)
    35    (t)  Benzophenone-2  (BP-2);  2,2',4,4'-tetrahydroxybenzophenone  (CAS
    36  131-55-5)
    37    (u) Bisphenol A (CAS 80-05-7)
    38    (v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
    39    (w) Butyl paraben (CAS 94-28-6)
    40    (x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
    41    (y) C.I. solvent yellow 14 (CAS 842-07-9)
    42    (z) Cadmium & cadmium compounds (CAS 7440-43-9)
    43    (aa) Carbon disulfide (CAS 75-15-0)
    44    (bb) Cobalt & cobalt compounds (CAS 7440-48-4)
    45    (cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)
    46    (dd) Dibutyl phthalate (CAS 84-74-2)
    47    (dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
    48    (ee) Diethyl phthalate (CAS 84-66-2)
    49    (ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)
    50    (gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)
    51    (hh) Di-n-hexyl phthalate (CAS 84-75-3)
    52    (ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
    53    (ii-1) Epichlorohydrin (CAS 106-98-9)
    54    (jj) Estragole (CAS 140-67-0)
    55    (kk) Ethyl paraben (CAS 120-47-8)
    56    (ll) Ethylbenzene (CAS 100-41-4)

        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    CASRN13674-87-8   Tris (1, 3 dichloro-2-propyl) phosphate
    16    CASRN71-43-2      Benzene
    17    CASRN7439-92-1    lead and compounds (inorganic)
    18    CASRN7439-97-6    Mercury and mercury compounds, including methyl
    19                      mercury (CASRN 22967-92-6)
    20    CASRN7440-36-0    Antimony and antimony compounds
    21    CASRN50-00-0      Formaldehyde
    22    CASRN1332-21-4    Asbestos
    23    CASRN7440-38-2    Arsenic and arsenic compounds including arsenic
    24                      trioxide (CASRN 1327-53-3)
    25                      and dimethyl arsenic (CASRN 75-60-5)
    26    CASRN7440-43-9    Cadmium
    27    CASRN7440-48-4    Cobalt 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.
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