STATE OF NEW YORK
________________________________________________________________________
2983
2023-2024 Regular Sessions
IN SENATE
January 26, 2023
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the manufacture, distribution and sale of children's foam
mats containing formamide
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 4 to read as follows:
3 TITLE IV
4 FORMAMIDE
5 Section 37-0401. Short title.
6 37-0403. Definitions.
7 37-0405. Foam mat products.
8 37-0407. Preemption.
9 37-0409. Rules and regulations.
10 § 37-0401. Short title.
11 This title shall be known and may be cited as the "formamide-free
12 children's product act".
13 § 37-0403. Definitions.
14 As used in this title: (a) "foam mat product" means all mats, pads,
15 mattresses and cushions designed for use by children three years old or
16 younger, including mats, pads, mattresses and cushions used as or in
17 connection with bedding, changing platforms, strollers and carriages,
18 high chairs, car seats, play pens and toys.
19 (b) "formamide" means the chemical identified by CAS number 75-12-7,
20 including methanamide and carbamaldehyde.
21 § 37-0405. Foam mat products.
22 1. Beginning December first, two thousand twenty-five, no person,
23 firm, partnership, association, limited liability company or corporation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07224-01-3
S. 2983 2
1 shall sell or offer for sale in this state any foam mat product contain-
2 ing formamide.
3 2. The provisions of this section shall not apply to the sale or
4 distribution of foam mat products resold or offered for resale, or
5 distributed by consumers for consumer use.
6 § 37-0407. Preemption.
7 Jurisdiction in all matters pertaining to formamide which are regu-
8 lated pursuant to the provisions of this title shall be vested exclu-
9 sively in the state.
10 § 37-0409. Rules and regulations.
11 The department is authorized to promulgate such rules and regulations
12 as it shall deem necessary to implement the provisions of this title.
13 § 2. This act shall take effect immediately.
