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S03056 Summary:

BILL NOS03056
 
SAME ASSAME AS A03591
 
SPONSORGAUGHRAN
 
COSPNSR
 
MLTSPNSR
 
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, 2021 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).
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S03056 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3056
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 1, 2019
                                       ___________
 
        Introduced  by Sen. GAUGHRAN -- 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 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  twenty-one,  no
    18  person,  firm,  partnership,  association,  limited liability company or
    19  corporation shall sell or offer for sale any child care product intended
    20  for use by a child three years of age or younger containing bisphenol AF
    21  (BPAF), bisphenol Z (BPZ), bisphenol S (BPS), bisphenol F (BPF), bisphe-
    22  nol AP (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.
                                                                   LBD07669-01-9

        S. 3056                             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, 2021.
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