Amd Art 37 Title 5 Head, 37-0501, 37-0505, 37-0507 & 37-0509, En Con L
Relates to prohibiting the sale of child care products containing bisphenol; establishes that beginning on December 31, 2019 no person, firm, partnership, association, limited liability company or corporation shall sell or offer for sale any child care product intended for use by a child three years of age or younger containing bisphenol AF (BPAF), bisphenol Z (BPZ), bisphenol S (BPS), bisphenol F (BPF), bisphenol AP (BPAP) and bisphenol B (BPB).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9997
SPONSOR: Englebright TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the sale of child care products containing
bisphenol
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prevent children from being exposed to
certain harmful chemicals.
SUMMARY OF PROVISIONS:
This bill amends the "Bisphenol A-free Children and Babies Act" in the
Environmental Conservation Law to prohibit the sale of children's
products for children three and under containing BPA substitutes BPS,
BPF, BPAP, BPAF, PBP and BPZ.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable.
JUSTIFICATION:
After the Legislature banned Bisphenol A (BPA)in 2010, an increasing
number of products began to be labeled "BPA free;" however, the products
contain other BPA substitutes including BPS, BPF, BPAP, BPAF, BPB, and
BPZ and such substitutes also pose potential health risks. Recent
studies, including a September 2017 study "Transcriptome Profiling
Reveals Bisphenol A Alternatives Activate Estrogen Receptor Alpha in
Human Breast Cancer Cells" in the Society of Toxicology journal "Toxico-
logical Sciences" found that some BPA substitutes were even more prob-
lematic than BPA. The study, conducted on three human breast cancer cell
lines, found that the BPA alternatives led to the activation of estrogen
receptors to a similar, if not larger extent than BPA. In addition, the
study also identified another issue. "Numerous studies have suggested
that BPS and BPF have potencies similar to that of BPA resulting in
endocrine disrupting effects such as uterine growth in rodents." This
legislation will help eliminate child exposure to these potentially
harmful hormone-like chemicals and help prevent adverse substitutions to
BPA.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect December 31, 2019.
STATE OF NEW YORK
________________________________________________________________________
9997
IN ASSEMBLY
March 7, 2018
___________
Introduced by M. of A. ENGLEBRIGHT, CAHILL, ROZIC, MOSLEY, LIFTON,
PICHARDO, SEPULVEDA, GOTTFRIED, ZEBROWSKI, GALEF, GLICK, LAVINE,
TITONE, SANTABARBARA, THIELE, STECK, JAFFEE, D'URSO, SIMON, RIVERA,
SEAWRIGHT, PEOPLES-STOKES -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of child care products containing bisphenol
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The title heading of title 5 of article 37 of the environ-
2 mental conservation law, as added by chapter 280 of the laws of 2010, is
3 amended to read as follows:
4 BISPHENOL [A]
5 § 2. Section 37-0501 of the environmental conservation law, as added
6 by chapter 280 of the laws of 2010, is amended to read as follows:
7 § 37-0501. Short title.
8 This title shall be known and may be cited as the "bisphenol [A-free]
9 free children and babies act".
10 § 3. Section 37-0505 of the environmental conservation law, as added
11 by chapter 280 of the laws of 2010, is amended to read as follows:
12 § 37-0505. Child care products.
13 1. (a) Beginning December first, two thousand ten, no person, firm,
14 partnership, association, limited liability company or corporation shall
15 sell or offer for sale any child care product intended for use by a
16 child three years of age or younger containing bisphenol A.
17 (b) Beginning December thirty-first, two thousand nineteen, no person,
18 firm, partnership, association, limited liability company or corporation
19 shall sell or offer for sale any child care product intended for use by
20 a child three years of age or younger containing bisphenol AF (BPAF),
21 bisphenol Z (BPZ), bisphenol S (BPS), bisphenol F (BPF), bisphenol AP
22 (BPAP) and bisphenol B (BPB).
23 2. The provisions of this section shall not apply to the sale or
24 distribution of child care products resold or offered for resale, or
25 distributed by consumers for consumer use.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14521-02-8
A. 9997 2
1 § 4. Section 37-0507 of the environmental conservation law, as added
2 by chapter 280 of the laws of 2010, is amended to read as follows:
3 § 37-0507. Product labeling.
4 The commissioner may authorize product labeling of products that do
5 not contain bisphenol [A]. The label on such products may prominently
6 state "Bisphenol [A] Free" [or "BPA-Free"] to inform consumers that the
7 product does not contain the chemical bisphenol [A].
8 § 5. Section 37-0509 of the environmental conservation law, as added
9 by chapter 280 of the laws of 2010, is amended to read as follows:
10 § 37-0509. Preemption.
11 Jurisdiction in all matters pertaining to bisphenol [A] which are
12 regulated pursuant to the provisions of this title shall be vested
13 exclusively in the state.
14 § 6. This act shall take effect December 31, 2019.
