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A09765 Summary:

BILL NOA09765
 
SAME ASSAME AS S07735
 
SPONSOREnglebright
 
COSPNSROtis, Thiele, Griffin, D'Urso
 
MLTSPNSR
 
Amd Art 37 Title 9, En Con L (as proposed in S.501-B & A.6296-A)
 
Relates to regulation of toxic chemicals in children's products.
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A09765 Actions:

BILL NOA09765
 
02/10/2020referred to environmental conservation
02/25/2020reported
02/27/2020advanced to third reading cal.449
03/11/2020passed assembly
03/11/2020delivered to senate
03/10/2020REFERRED TO RULES
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A09765 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9765
 
                   IN ASSEMBLY
 
                                    February 10, 2020
                                       ___________
 
        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.  Title  9  of article 37 of the environmental conservation
     2  law, as added by a chapter of the laws of  2019  amending  the  environ-
     3  mental  conservation  law  relating  to regulation of toxic chemicals in
     4  children's products, as proposed in legislative bills numbers  S.  501-B
     5  and A.  6296-A, is amended to read as follows:
     6                                  TITLE IX
     7                   TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
     8  Section 37-0901. Definitions.
     9          37-0903. [Consumer notice] Applicability.
    10          37-0905. Chemicals of concern and high-priority chemicals.
    11          [37-0905.] 37-0907. Reporting on the use of chemicals.
    12          [37-0907.]  37-0909. Sales prohibition.
    13          [37-0909. Applicability.]  37-0911.  Children's  product  safety
    14                     council; established.
    15          [37-0911. Enforcement and  implementation]  37-0913.  Notice  to
    16                     retailers and the public.
    17          [37-0913. Regulations] 37-0915. Enforcement and implementation.
    18          37-0917. Regulations.
    19  § 37-0901. Definitions.
    20    As  used  in  this  title, unless the context otherwise indicates, the
    21  following terms have the following meanings.
    22    1. "Children's apparel" means any item of clothing  that  consists  of
    23  fabric  or  related  material intended or promoted for use in children's
    24  clothing. Children's apparel does not mean protective equipment designed
    25  to prevent injury, including,  but  not  limited  to,  bicycle  helmets,
    26  athletic supporters, knee pads or elbow pads.
    27    2.  "Chemical" means a substance with a distinct molecular composition
    28  or a group of structurally related substances and includes the breakdown
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05551-13-0

        A. 9765                             2
 
     1  products of the substance or substances that form through decomposition,
     2  degradation or metabolism.
     3    3. "[Chemicals] Chemical of concern" [means:
     4    (a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
     5    (a-1) 1,2-Dibromoethane (CAS 106-93-4)
     6    (a-2)  1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140-
     7  66-9)
     8    (a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS
     9  27193-28-8)
    10    (a-4) 1,3-Butadiene (CAS 106-99-0)
    11    (b) 1,4-Dioxane (CAS 123-91-1)
    12    (c)  2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl  ether;  BDE-209  (CAS
    13  1163-19-5)
    14    (d) 2,4-Diaminotoluene (CAS 95-80-7)
    15    (d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)
    16    (e) 2-Aminotoluene (CAS 95-53-4)
    17    (f) 2-Ethylhexanoic acid (CAS 149-57-5)
    18    (f-1)   2-Ethyl-hexyl-2,   3,   4,  5  tetrabromobenzoate  (TBB)  (CAS
    19  183658-27-7)
    20    (g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
    21    (g-1) 2-Napthylamine (CAS 91-59-8)
    22    (h) 2-Methoxyethanol (CAS 109-86-4)
    23    (i)     3,3'-Dimethylbenzidine     and     dyes     metabolized     to
    24  3,3'-Dimethylbenzidine (CAS 119-93-7)
    25    (i-1) 4-Hydroxybiphenol (CAS 92-69-3)
    26    (j)   4-Nonylphenol;  4-NP  and  its  isomer  mixtures  including  CAS
    27  84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
    28    (j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)
    29    (k)   4-Tert-octylphenol;    1,1,3,3-Tetramethyl-4-butylphenol    (CAS
    30  140-66-9)
    31    (l) Acetaldehyde (CAS 75-07-0)
    32    (m) Acrylonitrile (CAS 107-13-1)
    33    (n) Aniline (CAS 62-53-3)
    34    (o) Antimony & antimony compounds (CAS 7440-36-0)
    35    (p)  Arsenic  &  arsenic  compounds  (CAS 7440-38-2) including arsenic
    36  trioxide & dimethyl arsenic (CAS 75-60-5)
    37    (q) Asbestos (CAS 1332-21-4)
    38    (r) Benzene (CAS 71-43-2)
    39    (s) Benzene, pentachloro (CAS 608-93-5)
    40    (s-1) Benzidine and its salts (CAS 92-87-5)
    41    (t)  Benzophenone-2  (BP-2);  2,2',4,4'-tetrahydroxybenzophenone  (CAS
    42  131-55-5)
    43    (t-1) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)
    44    (t-2)    Bis(chloromethyl)    propane-1-3-diyltetrakis-(2-chloroethyl)
    45  bis(phosphate)(V6)(CAS 38051-10-4)
    46    (u) Bisphenol A (CAS 80-05-7)
    47    (u-1) Bisphenol F (CAS 620-92-8)
    48    (u-2) Bisphenol S (CAS 80-09-1)
    49    (v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
    50    (w) Butyl paraben (CAS 94-28-6)
    51    (x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
    52    (y) C.I. solvent yellow 14 (CAS 842-07-9)
    53    (z) Cadmium & cadmium compounds (CAS 7440-43-9)
    54    (aa) Carbon disulfide (CAS 75-15-0)
    55    (aa-1) Chlorinated paraffins (CAS 108171-26-2)
    56    (bb) Cobalt & cobalt compounds (CAS 7440-48-4)

        A. 9765                             3

     1    (bb-1) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)
     2    (bb-2) Decabromodiphenyl ether (CAS 163-19-5)
     3    (cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)
     4    (cc-1) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)
     5    (dd) Dibutyl phthalate (CAS 84-74-2)
     6    (dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
     7    (ee) Diethyl phthalate (CAS 84-66-2)
     8    (ee-1) Diisobutyl phthalate (DIBP) (CAS 84-69-5)
     9    (ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)
    10    (gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)
    11    (hh) Di-n-hexyl phthalate (CAS 84-75-3)
    12    (ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
    13    (ii-1) Dipentyl phthalate (DPP) (CAS 131-18-0)
    14    (ii-2) Epichlorohydrin (CAS 106-98-9)
    15    (jj) Estragole (CAS 140-67-0)
    16    (kk) Ethyl paraben (CAS 120-47-8)
    17    (ll) Ethylbenzene (CAS 100-41-4)
    18    (mm) Ethylene glycol (CAS 107-21-1)
    19    (nn) Ethylene glycol monoethyl ester (CAS 110-80-5)
    20    (nn-1) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)
    21    (oo) Formaldehyde (CAS 50-0-0)
    22    (pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
    23    (qq) Hexachlorobenzene (CAS 118-74-1)
    24    (rr) Hexachlorobutadiene (CAS 87-68-3)
    25    (rr-1) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)
    26    (ss) Lead & lead compounds (CAS 7439-92-1)
    27    (tt)  Mercury  &  mercury  compounds  (CAS 7439-97-6) including methyl
    28  mercury (CAS 22967-92-6)
    29    (uu) Methyl ethyl ketone (CAS 78-93-3)
    30    (vv) Methyl paraben (CAS 99-76-3)
    31    (ww) Methylene chloride (CAS 75-09-2)
    32    (ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)
    33    (xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)
    34    (xx-1) Mono-n-butylphthalate (CAS 131-70-4)
    35    (yy) N-methylpyrrolidone (CAS 872-50-4)
    36    (yy-1) Nickel and nickel compounds (CAS N/A)
    37    (zz) N-nitrosodimethylamine (CAS 62-75-9)
    38    (aaa) N-nitrosodiphenylamine (CAS 86-30-6)
    39    (bbb) Nonylphenol (CAS 25154-52-3)
    40    (ccc) Para-chloroaniline (CAS 106-47-3)
    41    (ddd) Perchloroethylene (CAS 127-18-4)
    42    (ddd-1)  Perflurooctanoic  acid  (PFOA  &  related  substances)   (CAS
    43  335-67-1)
    44    (eee)  Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763-
    45  23-1)
    46    (fff) Phenol (CAS 108-95-2)
    47    (ggg) Phenol, 4-octyl- (CAS 1806-26-4)
    48    (hhh) P-hydroxybenzoic acid (CAS 99-96-7)
    49    (iii) Propyl paraben (CAS 94-13-3)
    50    (iii-1) Short chain chlorinated paraffins (SCCP) (CAS 85535-84-8)
    51    (jjj) Silica, crystalline (in the form of quartz or cristabolite dust)
    52  (CAS 14808-60-7)
    53    (kkk) Styrene (CAS 100-42-5)
    54    (lll) Tetrabromobisphenol A (CAS 79-94-7)
    55    (lll-1) Tetrachloroethene (CAS 127-18-4)
    56    (mmm) Toluene (CAS 108-88-3)

        A. 9765                             4

     1    (mmm-1) Tricresyl phosphate (TCP) (CAS 1330-78-5)
     2    (mmm-2) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
     3    (mmm-3) Triphenyl phosphate (TPP) (CAS 115-86-6)
     4    (nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)
     5    (nnn-1) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)
     6    (ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
     7    (ooo-1) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
     8    (ppp) Vinyl chloride (CAS 75-01-4)] means a chemical identified by the
     9  department  by  rule  pursuant  to subdivision one of section 37-0905 of
    10  this title.
    11    4. "Children" means a person or persons aged twelve and under.
    12    5. "Children's product" means a consumer  product  primarily  intended
    13  for,  made  for  or marketed for use by children, such as baby products,
    14  toys, car seats, school supplies, personal care products as  defined  in
    15  section  37-0117  of this article, a product designed or intended by the
    16  manufacturer to help a child with sucking  or  teething,  to  facilitate
    17  sleep,  relaxation,  or  the  feeding of a child, and children's novelty
    18  products, children's jewelry as defined in section 37-0115 of this arti-
    19  cle, children's bedding, furniture, furnishings, and  apparel.    "Chil-
    20  dren's  product" does not include (a) batteries; [or] (b) consumer elec-
    21  tronic products and their component parts including but not  limited  to
    22  personal  computers,  audio  and  video equipment, calculators, wireless
    23  phones, game consoles, video toys that  can  be  connected  to  a  video
    24  screen and are operated at a nominal voltage exceeding twenty-four volts
    25  and handheld devices incorporating a video screen, used to access inter-
    26  active  software  and  their  associated  peripherals,  accessories  and
    27  peripherals to children's electronic products including plugs, keyboards
    28  and headphones, interactive software, intended for  leisure  and  enter-
    29  tainment,  such  as  computer  games,  and  their storage media, such as
    30  compact disks; or (c) [a food or beverage or an additive to  a  food  or
    31  beverage  regulated  by  the United States Food and Drug Administration.
    32  "Children's product" also does not include a drug, biologic  or  medical
    33  device  regulated  by  the  United  States Food and Drug Administration]
    34  sporting equipment including bicycles and tricycles, skis, snow  boards,
    35  sleds,  and  roller  skates; and hunting and fishing equipment or compo-
    36  nents thereof; (d) science kits including chemistry sets and model rock-
    37  ets; (e) toy engines and sets of darts with metallic points;  (f)  motor
    38  vehicles  or their component parts, watercraft or their component parts,
    39  all-terrain vehicles or their component parts, or  off-highway  motorcy-
    40  cles or their component parts.
    41    6.  "Consumer  product"  means  any  product that is regularly used or
    42  purchased to be used for personal, family or household purposes. Consum-
    43  er product shall not mean: (a) a food or beverage or an  additive  to  a
    44  food  or  beverage regulated by the United States Food and Drug Adminis-
    45  tration; or (b) a drug, biologic or  medical  device  regulated  by  the
    46  United States Food and Drug Administration.
    47    [6.]  7. "Distributor" means a person who sells children's products to
    48  retail establishments on a wholesale basis.
    49    [7.] 8. "Manufacturer" means any person who currently  manufactures  a
    50  children's  product  or  whose  brand  name is affixed to the children's
    51  product. In the case of a children's product that was imported into  the
    52  United  States,  "manufacturer"  includes the importer or first domestic
    53  distributor of the children's product if the person who currently  manu-
    54  factures  or  assembles  the  children's  product or whose brand name is
    55  affixed to the children's product does not have a presence in the United
    56  States.

        A. 9765                             5
 
     1    [8.] 9. "Practical quantification limit" means the lowest  level  that
     2  can  be reliably achieved within specified limits of precision and accu-
     3  racy during routine laboratory operating conditions.
     4    [9.  "Dangerous] 10. "High-priority chemical" means (a) [the following
     5  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      Formaldehyde
    12    CASRN1332-21-4    Asbestos
    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    CASRN Assorted    Organohalogen flame retardants
    18    (b) a chemical adopted by the department pursuant to section  37-0903]
    19  a  chemical  designated  pursuant to paragraph (a) of subdivision two of
    20  section 37-0905 of this title; and
    21    (b) a chemical adopted by the department pursuant to paragraph (b)  of
    22  subdivision two of section 37-0905 of this title.
    23    [10.] 11. "Intentionally added chemical" means a chemical in a product
    24  that serves an intended function in the product component.
    25    12.  "Toy" means a product designed or intended by the manufacturer to
    26  be used by children at play.
    27    13. "Trace contaminant" means a trace amount of a chemical  or  chemi-
    28  cals  that  is  incidental  to  manufacturing,  including  an unintended
    29  by-product of chemical reactions during the  manufacture  of  the  chil-
    30  dren's  product, a trace impurity in feed-stock, an incompletely reacted
    31  chemical mixture, or a degradation product.
    32    14. "Very persistent" means having a half-life greater than  or  equal
    33  to  one of the following: (a) a half-life in soil or sediment of greater
    34  than one hundred eighty days; (b) a half-life greater than or  equal  to
    35  sixty days in water or evidence of long-range transport.
    36    15.  "Very  bioaccumulative" means having a bioconcentration factor or
    37  bioaccumulation factor greater than or equal to  five  thousand,  or  if
    38  neither are available, having a log Kow greater than 5.0.
    39  § 37-0903. [Consumer notice.
    40    1.  Publishing  of lists. Within one hundred eighty days of the effec-
    41  tive date of this title, the department shall post  lists  of  dangerous
    42  chemicals and chemicals of concern on the department's website.
    43    2.  Periodic  review.  (a)  The  department,  in consultation with the
    44  department of health, shall periodically review the  list  of  dangerous
    45  chemicals and, may through regulation, add or remove dangerous chemicals
    46  or chemicals of concern from such lists.
    47    (b) The department, in consultation with the department of health, may
    48  identify  a chemical as a dangerous chemical if, upon such review, it is
    49  present in a children's product and meets any of the following criteria:
    50    (i) The chemical or its metabolites have been found  through  biomoni-
    51  toring to be present in humans;
    52    (ii)  The  chemical has been found through sampling and analysis to be
    53  present in household dust, indoor air, drinking water  or  elsewhere  in
    54  the home environment;
    55    (iii)  The chemical has been found through monitoring to be present in
    56  fish, wildlife or the natural environment; or

        A. 9765                             6

     1    (iv) The sale or use of the chemical or a children's product  contain-
     2  ing  the  chemical has been banned in another state or states within the
     3  United States because of the health effects of such chemical.
     4    (c) The department, in consultation with the department of health, may
     5  remove  a chemical from the list of dangerous chemicals if, upon review,
     6  it determines on the basis of credible  scientific  evidence  that  such
     7  chemical no longer meets the criteria for listing under paragraph (b) of
     8  this subdivision.
     9    (d)  The  department,  in  consultation  with the department of health
    10  shall identify a chemical as a chemical of concern if, upon  review,  it
    11  determines  that the chemical has been identified by a state, federal or
    12  international governmental entity on the basis  of  credible  scientific
    13  evidence as:
    14    (i)  A  carcinogen, reproductive or developmental toxicant, neurotoxi-
    15  cant, asthmagen, or endocrine disruptor;
    16    (ii) Persistent, bioaccumulative and toxic; or
    17    (iii) Very persistent and very bioaccumulative.] Applicability.
    18    1. New children's products. The provisions of this title  shall  apply
    19  to  chemicals  of  concern  and  high-priority  chemicals  in children's
    20  products sold or distributed as new and does not  apply  to  used  chil-
    21  dren's  products  that  are  sold  or distributed for free at secondhand
    22  stores, yard sales, on the internet or donated to charities.
    23    2. Exceptions. (a) The requirements of this title shall not  apply  to
    24  high  priority  chemicals  used  in  or  for  industry or manufacturing,
    25  including chemicals processed or otherwise used in or for industrial  or
    26  manufacturing processes and not included in the final product.
    27    (b)  Combustion.  The  requirements  of  this title shall not apply to
    28  high-priority chemicals generated solely as  combustion  by-products  or
    29  that are present in combustible fuels.
    30    (c) Small business exception. The requirements of this title shall not
    31  apply  to  children's  product manufacturers that employ five persons or
    32  fewer and are independently owned and operated.
    33    (d) Retailers. A retailer is exempt  from  the  requirements  of  this
    34  title unless that retailer knowingly sells a children's product contain-
    35  ing a high-priority chemical after the effective date of its prohibition
    36  for  which  that  retailer has received notification pursuant to section
    37  37-0913 of this title.
    38  § 37-0905. Chemicals of concern and high-priority chemicals.
    39    1. Chemicals of concern.
    40    (a) Within two years of the effective date of this title, the  depart-
    41  ment,  in consultation with the department of health, shall promulgate a
    42  list of chemicals of concern. A chemical may be listed as a chemical  of
    43  concern  if it has been identified by a government entity and/or identi-
    44  fied on the basis of credible scientific evidence as being:
    45    (i) a carcinogen, reproductive or developmental  toxicant,  neurotoxi-
    46  cant, asthmagen, or endocrine disruptor;
    47    (ii) persistent, bioaccumulative and toxic; or
    48    (iii) very persistent and very bioaccumulative.
    49    (b) The department shall review lists codified or promulgated in other
    50  states  as  chemicals of concern to determine if such chemicals meet the
    51  criteria of paragraph (a) of this subdivision. The department at a mini-
    52  mum shall consider:
    53    (i) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
    54    (ii)   1,1,3,3-Tetramethyl-4-butylphenol;   4-tert-octylphenol    (CAS
    55  140-66-9)
    56    (iii) 1,4-Dioxane (CAS 123-91-1)

        A. 9765                             7
 
     1    (iv)  2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl  ether;  BDE-209 (CAS
     2  1163-19-5)
     3    (v) 2,4-Diaminotoluene (CAS 95-80-7)
     4    (vi) 2-Aminotoluene (CAS 95-53-4)
     5    (vii) 2-Ethylhexanoic acid (CAS 149-57-5)
     6    (viii)  2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS 183658-
     7  27-7)
     8    (ix) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
     9    (x) 2-Methoxyethanol (CAS 109-86-4)
    10    (xi)    3,3'-Dimethylbenzidine     and     dyes     metabolized     to
    11  3,3'-Dimethylbenzidine (CAS 119-93-7)
    12    (xii)  4-Nonylphenol;  4-NP  and  its  isomer  mixtures  including CAS
    13  84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
    14    (xiii) Acetaldehyde (CAS 75-07-0)
    15    (xiv) Acrylonitrile (CAS 107-13-1)
    16    (xv) Aniline (CAS 62-53-3)
    17    (xvi) Antimony & antimony compounds (CAS 7440-36-0)
    18    (xvii) Arsenic & arsenic compounds (CAS 7440-38-2)  including  arsenic
    19  trioxide & dimethyl arsenic (CAS 75-60-5)
    20    (xviii) Asbestos (CAS 1332-21-4)
    21    (xix) Benzene (CAS 71-43-2)
    22    (xx) Benzene, pentachloro (CAS 608-93-5)
    23    (xxi)  Benzophenone-2  (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS
    24  131-55-5)
    25    (xxii) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)
    26    (xxiii)   Bis(chloromethyl)   propane-1-3-diyltetrakis-(2-chloroethyl)
    27  bis(phosphate)(V6)(CAS 38051-10-4)
    28    (xxiv) Bisphenol A (CAS 80-05-7)
    29    (xxv) Bisphenol F (CAS 620-92-8)
    30    (xxvi) Bisphenol S (CAS 80-09-1)
    31    (xxvii) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
    32    (xxviii) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
    33    (xxix) C.I. solvent yellow 14 (CAS 842-07-9)
    34    (xxx) Cadmium & cadmium compounds (CAS 7440-43-9)
    35    (xxxi) Carbon disulfide (CAS 75-15-0)
    36    (xxxii) Chlorinated paraffins (CAS 108171-26-2)
    37    (xxxiii) Cobalt & cobalt compounds (CAS 7440-48-4)
    38    (xxxiv) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)
    39    (xxxv) Di-2-ethylhexyl phthalate (CAS 117-81-7)
    40    (xxxvi) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)
    41    (xxxvii) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
    42    (xxxviii) Diethyl phthalate (CAS 84-66-2)
    43    (xxxix) Diisobutyl phthalate (DIBP) (CAS 84-69-5)
    44    (xl) Di-n-hexyl phthalate (CAS 84-75-3)
    45    (xli) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
    46    (xlii) Dipentyl phthalate (DPP) (CAS 131-18-0)
    47    (xliii) Ethylene glycol (CAS 107-21-1)
    48    (xliv) Ethylene glycol monoethyl ester (CAS 110-80-5)
    49    (xlv) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)
    50    (xlvi) Formaldehyde (CAS 50-0-0)
    51    (xlvii) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
    52    (xlviii) Hexachlorobenzene (CAS 118-74-1)
    53    (xlix) Hexachlorobutadiene (CAS 87-68-3)
    54    (l) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)
    55    (li)  Mercury  &  mercury  compounds  (CAS 7439-97-6) including methyl
    56  mercury (CAS 22967-92-6)

        A. 9765                             8
 
     1    (lii) Methyl ethyl ketone (CAS 78-93-3)
     2    (liii) Methyl paraben (CAS 99-76-3)
     3    (liv) Methylene chloride (CAS 75-09-2)
     4    (lv) N-methylpyrrolidone (CAS 872-50-4)
     5    (lvi) Nickel and nickel compounds (CAS N/A)
     6    (lvii) N-nitrosodimethylamine (CAS 62-75-9)
     7    (lviii) N-nitrosodiphenylamine (CAS 86-30-6)
     8    (lvix) Perchloroethylene (CAS 127-18-4)
     9    (lx) Perfluorooctanoic acid (PFOA & related substances) (CAS 335-67-1)
    10    (lxi)  Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763-
    11  23-1)
    12    (lxii) Phenol (CAS 108-95-2)
    13    (lxiii) Phenol, 4-octyl- (CAS 1806-26-4)
    14    (lxiv) P-hydroxybenzoic acid (CAS 99-96-7)
    15    (lxv) Propyl paraben (CAS 94-13-3)
    16    (lxvi) Styrene (CAS 100-42-5)
    17    (lxvii) Tetrabromobisphenol A (CAS 79-94-7)
    18    (lxviii)Tetrachloroethene (CAS 127-18-4)
    19    (lxix) Toluene (CAS 108-88-3)
    20    (lxx) Tricresyl phosphate (TCP) (CAS 1330-78-5)
    21    (lxxi) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
    22    (lxxii) Triphenyl phosphate (TPP) (CAS 115-86-6)
    23    (lxxiii) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)
    24    (lxxiv) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
    25    (lxxv) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
    26    (lxxvi) Vinyl chloride (CAS 75-01-4)
    27    (lxxvii) Organohalogen flame retardants
    28    (c) The department, in consultation with  the  department  of  health,
    29  shall  periodically  review  the  list  of  chemicals of concern and may
    30  through regulation add or remove a chemical from the list on  the  basis
    31  of  credible  scientific  evidence. The department may remove a chemical
    32  from the list of chemicals of concern if, upon review, it determines  on
    33  the  basis  of credible scientific evidence that such chemical no longer
    34  meets the criteria for listing under paragraph (a) of this subdivision.
    35    2. High-priority chemicals. (a) The following chemicals are designated
    36  high priority chemicals for purposes of this title:
    37    (i) Tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8)
    38    (ii) Benzene (CAS 71-43-2)
    39    (iii) Mercury and mercury compounds,  including  methyl  mercury  (CAS
    40  7439-97-6)
    41    (iv) Asbestos (CAS 1332-21-4)
    42    (v)  Arsenic  and  arsenic compounds (CAS 7440-38-2) including arsenic
    43  trioxide (CASRN 1327-53-3) and dimethyl arsenic (CASRN 75-60-5)
    44    (vi) Cadmium (CAS 7440-43-9) (other than toy coatings)
    45    (vii) Organohalogen flame retardants in upholstered bedding or  furni-
    46  ture
    47    (b) The department shall periodically review the list of high priority
    48  chemicals  and may by rule add to the list of high-priority chemicals if
    49  the criteria of paragraph (a) of subdivision one of this section are met
    50  and the chemical is present in a children's product and meets any of the
    51  following criteria:
    52    (i) The chemical or its metabolites have been found  through  biomoni-
    53  toring to be present in humans;
    54    (ii)  The  chemical has been found through sampling and analysis to be
    55  present in household dust, indoor air, drinking water  or  elsewhere  in
    56  the home environment;

        A. 9765                             9
 
     1    (iii)  The chemical has been found through monitoring to be present in
     2  fish, wildlife or the natural environment; or
     3    (iv)  The sale or use of the chemical or a children's product contain-
     4  ing the chemical has been banned in another state or states  within  the
     5  United  States  because  of  the  health effects of such chemical or the
     6  children's  product  safety  council  established  pursuant  to  section
     7  37-0911  of this title has recommended the chemical be listed as a high-
     8  priority chemical.   The department  shall,  as  part  of  its  periodic
     9  review,  consider  whether the sale or use of a chemical or a children's
    10  product containing the chemical has been  banned  in  another  state  or
    11  within the United States because of the health effects of such chemical.
    12    (c) The department, in consultation with the department of health, may
    13  remove  a chemical from the list of high priority chemicals if it deter-
    14  mines on the basis of credible scientific evidence that such chemical no
    15  longer meets the criteria of paragraph (b) of this subdivision.
    16  § [37-0905.] 37-0907. Reporting on the use of chemicals.
    17    1. Reporting of chemical use. No later  than  twelve  months  after  a
    18  [dangerous] chemical of concern or high-priority chemical appears on the
    19  [list published] lists promulgated pursuant to section [37-0903] 37-0905
    20  of  this  title,  every manufacturer who offers a children's product for
    21  sale or distribution in this state that contains a  [dangerous  chemical
    22  or]  chemical  of  concern or a high-priority chemical shall report such
    23  chemical use at or above practical quantification limits to the  depart-
    24  ment,  provided  however,  that  the department may, through regulation,
    25  establish an alternative threshold for the reporting  of  trace  contam-
    26  inants.
    27    (a) This report must at a minimum identify the children's product, the
    28  [dangerous]  high-priority chemical or chemicals of concern contained in
    29  the children's product and the intended purpose of such chemicals.   The
    30  department may also require reporting of the following information:
    31    (i) the amount of such chemical in the children's product; or
    32    (ii)  information on the likelihood that the chemical will be released
    33  from the children's product to the environment during the product's life
    34  cycle and the extent to which users of the  product  are  likely  to  be
    35  exposed to the chemical.
    36    (b)  The  department is authorized to direct submission of such report
    37  to the interstate chemicals clearinghouse and may otherwise provide  for
    38  reciprocal data sharing with other states which require reporting of the
    39  same information.
    40    2.  Waiver  of  reporting.  Upon  application  by  a manufacturer, the
    41  commissioner may waive all or part of the reporting  requirements  under
    42  subdivision  one  of  this  section  for one or more specified uses of a
    43  [dangerous] high-priority chemical. In making  such  determination,  the
    44  commissioner  may  consider: (a) if substantially equivalent information
    45  is already publicly available or that the information is not needed  for
    46  the  purposes  of  this  chapter,  (b)  similar waivers granted by other
    47  states, and (c) whether the specified use or uses are minor in volume.
    48    3. [Notice. (a) A manufacturer of a children's  product  containing  a
    49  dangerous  chemical shall notify persons that offer the children's prod-
    50  uct for sale or distribution in the state, in a form prescribed  by  the
    51  department, of the presence of such dangerous chemical, and provide such
    52  persons with information regarding the toxicity of such chemical.
    53    (b)  The  department  shall notify consumers about children's products
    54  containing chemicals of concern and dangerous chemicals.  The  notifica-
    55  tion shall be published on the department's website.

        A. 9765                            10

     1    4.]  Fees.    The  manufacturer  shall  pay a fee upon submission of a
     2  report of chemical use pursuant to subdivision one of this section or  a
     3  waiver  request pursuant to subdivision two of this section to cover the
     4  department's reasonable costs in the administration and  enforcement  of
     5  this  title.  Exclusive  of  fines  and  penalties, the state shall only
     6  recover its actual cost of administration and enforcement.
     7  § [37-0907.] 37-0909. Sales prohibition.
     8    1. Effective January first, two thousand twenty-three, no person shall
     9  distribute, sell or offer for sale in this state  a  children's  product
    10  [containing]  in  which  tris  (1,  3  dichloro-2-propyl) phosphate (CAS
    11  13674-87-8),  benzene  (CAS  71-43-2),  [formaldehyde  (other  than   in
    12  textiles)],  or  asbestos[,  and  organohalogen  flame  retardents] (CAS
    13  1332-21-4) is intentionally added. This provision shall not  apply:  (a)
    14  to  a  children's  product  solely  based  on its containing an enclosed
    15  battery or enclosed electronic components [and]; (b) where  state  regu-
    16  lation of children's products is preempted by federal law; (c) where the
    17  chemical  is  present  as a trace contaminant; or (d) to an inaccessible
    18  component of a children's product that  during  reasonable,  foreseeable
    19  use  and  abuse of the product would not come into direct contact with a
    20  child's skin or mouth, as determined by the department. The commissioner
    21  may exempt a children's product from this prohibition if, in the commis-
    22  sioner's judgment, the lack of availability of  the  children's  product
    23  could pose an unreasonable risk to public health, safety or welfare.
    24    2. [Effective three years after being added to the dangerous chemicals
    25  list,  no person shall distribute, sell, or offer for sale in this state
    26  a children's product that contains a chemical  added  to  the  dangerous
    27  chemicals  list  pursuant  to  section 37-0903 of this title] (a) To the
    28  extent allowed by  federal  law,  the  department  may,  by  regulation,
    29  prohibit  the  distribution,  sale, or offer for sale in this state of a
    30  children's product that contains a chemical added to  the  high-priority
    31  chemicals  list pursuant to section 37-0905 of this title, or a chemical
    32  recommended for prohibition by the  children's  product  safety  council
    33  pursuant to paragraph (b) of subdivision five of section 37-0911 of this
    34  title.
    35    (b) In developing rules to prohibit a chemical pursuant to this subdi-
    36  vision,  the  department  shall rely on credible scientific evidence and
    37  consider information relevant to the hazards based on  the  quantitative
    38  extent  of  potential  exposures  to  the chemical under its intended or
    39  reasonably anticipated conditions of use.
    40    § 37-0911. Children's product safety council;  established.  1.  There
    41  shall  be  established,  within  the  department, the children's product
    42  safety council. Such  council  shall  be  composed  of  ten  members  as
    43  follows:
    44    (a) the commissioner, or the commissioner's designee, who shall be the
    45  chair of the council;
    46    (b) the commissioner of health or his or her designee;
    47    (c)  a  designee  of  the commissioner with expertise in epidemiology,
    48  toxicology or health risk assessment;
    49    (d) a designee of the commissioner of health with expertise in  epide-
    50  miology, toxicology or health risk assessment; and
    51    (e) six members appointed by the governor, two of whom shall be recom-
    52  mended  by the temporary president of the senate, and two by the speaker
    53  of the assembly.
    54    2. (a) Of the four members appointed to the children's product  safety
    55  council and recommended by the temporary president of the senate and the

        A. 9765                            11
 
     1  speaker  of  the assembly, the temporary president of the senate and the
     2  speaker of the assembly shall each recommend:
     3    (i) one member who has expertise in pediatrics; and
     4    (ii)  one  member  who  has a background or expertise in toxicology or
     5  health risk assessment.
     6    (b) Of the two additional members appointed to the children's  product
     7  safety council, the governor shall appoint members who have a background
     8  in environmental health and safety, risk assessment or medicine.
     9    (c) The members of such council appointed pursuant to paragraph (e) of
    10  subdivision one of this section shall serve terms of two years.
    11    (d) The members appointed pursuant to paragraph (e) of subdivision one
    12  of  this section shall each serve his or her term of office or until his
    13  or her successor is appointed; provided that any vacancy in the position
    14  of an appointed member shall  be  filled  in  the  same  manner  as  the
    15  original appointment and only for the unexpired term of the vacancy.
    16    3.  The members of the children's product safety council shall receive
    17  no compensation for their services, but shall be  allowed  their  actual
    18  and  necessary  expenses  incurred  in  the  performance of their duties
    19  pursuant to this title.
    20    4. The children's product safety council shall meet at such times  and
    21  places  as  may  be determined by its chair. The council shall meet at a
    22  minimum of two times per year. All meetings shall be open to the  public
    23  pursuant  to article seven of the public officers law. A majority of the
    24  members of such council shall constitute a quorum for the transaction of
    25  business. Action may be taken, and motions and resolutions  adopted,  at
    26  any meeting by the affirmative vote of a majority of the full membership
    27  of the council.
    28    5. (a) The council shall make recommendations to the department relat-
    29  ing  to  those chemicals, which the department may list as high-priority
    30  chemicals pursuant to section 37-0905 of this title.  The council  shall
    31  provide  the department with its first list of recommended high-priority
    32  chemicals no later than one year from the initial meeting of  the  coun-
    33  cil,  and  the  council  shall  update the list annually thereafter.  In
    34  determining what chemicals shall be recommended as high-priority  chemi-
    35  cals the council shall, at a minimum, consider the criteria of paragraph
    36  (b) of subdivision two of section 37-0905 of this title;
    37    (b)  The council shall make recommendations to the department relating
    38  to those chemicals which should be prohibited by the department pursuant
    39  to subdivision two of section 37-0909 of this title.
    40    (i) In determining what chemicals shall be  recommended  for  prohibi-
    41  tion,  the  council shall, at a minimum, consider those chemicals listed
    42  as high-priority chemicals pursuant to section 37-0905 of this title.
    43    (ii) The council shall provide the department with its first  list  of
    44  such  chemicals  no later than two years from the initial meeting of the
    45  council. The council shall update the list, including a  review  of  the
    46  chemicals  listed as high-priority chemicals pursuant to section 37-0905
    47  of this title, annually thereafter.
    48    6. The children's product safety council shall be entitled to  request
    49  and  receive  information  from  any state, municipal department, board,
    50  commission or agency that may be required or are  deemed  necessary  for
    51  the purposes of such council.
    52    7.  Before  the council advances any recommendation to the department,
    53  the council shall provide an  opportunity  for  public  and  stakeholder
    54  comments.    Final recommendations of the council shall be posted on the
    55  department's website within thirty days after the  council  adopts  such
    56  recommendations.

        A. 9765                            12
 
     1    [This  provision  shall  not apply: (a) to a children's product solely
     2  based on its containing  an  enclosed  battery  or  enclosed  electronic
     3  components  and  (b)  where  state  regulation of children's products is
     4  preempted by federal law.   The commissioner  may  exempt  a  children's
     5  product  from  this  prohibition if, in the commissioner's judgment, the
     6  lack of availability of the children's product could pose  an  unreason-
     7  able risk to public health, safety or welfare.
     8  § 37-0909. Applicability.
     9    1.  New  children's products. The provisions of this title shall apply
    10  to chemicals in children's products sold or distributed as new and  does
    11  not  apply  to used children's products that are sold or distributed for
    12  free at secondhand stores, yard sales, on the  internet  or  donated  to
    13  charities.
    14    2. Industry. The requirements of this title shall not apply to priori-
    15  ty  chemicals used in or for industry or manufacturing, including chemi-
    16  cals processed or otherwise used in or for industrial  or  manufacturing
    17  processes and not included in the final product.
    18    3.  Transportation.  The requirements of this title shall not apply to
    19  motor vehicles or their component parts, watercraft or  their  component
    20  parts,  all  terrain  vehicles  or their component parts, or off-highway
    21  motorcycles or their component parts, except that the use  of  dangerous
    22  chemicals in detachable car seats is not exempt.
    23    4.  Combustion.  The  requirements  of  this  title shall not apply to
    24  dangerous chemicals generated solely as combustion by-products  or  that
    25  are present in combustible fuels.
    26    5. Exceptions. The requirements of this title shall not apply to chil-
    27  dren's  product  makers that employ five persons or fewer, and are inde-
    28  pendently owned and operated.
    29    6. Retailers. A retailer is exempt from the requirements of this title
    30  unless that retailer knowingly sells a children's product  containing  a
    31  dangerous chemical after the effective date of its prohibition for which
    32  that retailer has received notification pursuant to subdivision three of
    33  section  37-0905  of this title.] § 37-0913. Notice to retailers and the
    34  public.
    35    1. A manufacturer of a children's product containing  a  high-priority
    36  chemical shall notify persons that offer the children's product for sale
    37  or distribution in the state, in a form prescribed by the department, of
    38  the  use  of  such  high-priority chemical and provide such persons with
    39  information regarding the toxicity of such chemical,  except  that  this
    40  subdivision  shall  apply  to  trace contaminants in a manner consistent
    41  with section 37-0907 of this title.
    42    2. The department shall provide information to the public about  chil-
    43  dren's  products containing chemicals of concern or high priority chemi-
    44  cals by posting such information as reported by the manufacturers on the
    45  department's website, provided however, that the department shall not be
    46  held liable for the accuracy of a manufacturer's report.
    47  § [37-0911.] 37-0915. Enforcement and implementation.
    48    1. Failure to  provide  notice.  A  children's  product  containing  a
    49  [dangerous]  high-priority chemical may not be sold, offered for sale or
    50  distributed for sale in this state unless the manufacturer has  provided
    51  [the  notification]  a  report  to the department required under section
    52  [37-0905] 37-0907 of this title by the date required  in  such  section.
    53  The  commissioner  may exempt a children's product from this prohibition
    54  if, in the commissioner's judgment, the  lack  of  availability  of  the
    55  children's  product  could  pose  an unreasonable risk to public health,
    56  safety or welfare.

        A. 9765                            13

     1    2. Statement of compliance. [If there are grounds to  suspect  that  a
     2  children's product is being offered for sale in violation of this title,
     3  the] The department may request the manufacturer of the children's prod-
     4  uct  to  provide  a  statement  of  compliance on a form provided by the
     5  department,  within  [ten] fifteen days of receipt of a request from the
     6  department. The statement of compliance shall:
     7    (a) attest that the children's product does not contain  the  [danger-
     8  ous] high-priority chemical; or
     9    (b)  attest  [and  provide  the  department  with  documentation] that
    10  notification [of  the  presence  of  the  dangerous  chemical  has  been
    11  provided  to  the  department  or  provide notice as required by section
    12  37-0905 of this title] required by section 37-0913  of  this  title  has
    13  been provided; [or]
    14    (c)  attest  that  the  manufacturer has notified persons who sell the
    15  product in this state that the sale of the children's product is prohib-
    16  ited;
    17    (d) attest that the presence of a high-priority chemical is only as  a
    18  trace contaminant; or
    19    (e) attest that the chemical prohibited pursuant to subdivision two of
    20  section  37-0909 of this title is only present in an inaccessible compo-
    21  nent of the children's product.
    22  § [37-0913.] 37-0917. Regulations.
    23    The department may adopt any rules and regulations it deems  necessary
    24  to implement the provisions of this title.
    25    §  2.  This  act  shall  take  effect on the same date and in the same
    26  manner as a chapter of the  laws  of  2019  amending  the  environmental
    27  conservation law relating to regulation of toxic chemicals in children's
    28  products,  as  proposed  in  legislative  bills  numbers S. 501-B and A.
    29  6296-A, takes effect.
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