Bill Text: NY A05298 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 5298 (Prior Session Legislation)

Bill Title: Prohibits the manufacture, distribution and sale of children's foam mats containing formamide.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2014-06-16 - ordered to third reading rules cal.253 [A05298 Detail]

Download: New_York-2013-A05298-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5298--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2013
                                      ___________
       Introduced  by  M.  of A. ROZIC, JAFFEE, MILLER, MILLMAN, WEPRIN, ORTIZ,
         COOK, ROBERTS -- Multi-Sponsored by -- M. of A. ABINANTI, AUBRY, BREN-
         NAN, GALEF, MARKEY -- read once and referred to the Committee on Envi-
         ronmental Conservation -- recommitted to  the  Committee  on  Environ-
         mental  Conservation  in  accordance  with  Assembly Rule 3, sec. 2 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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 4
    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  S 37-0401. SHORT TITLE.
   11    THIS TITLE SHALL BE KNOWN AND MAY  BE  CITED  AS  THE  "FORMAMIDE-FREE
   12  CHILDREN'S PRODUCT ACT".
   13  S 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03044-02-4
       A. 5298--A                          2
    1    (B)  "FORMAMIDE"  MEANS THE CHEMICAL IDENTIFIED BY CAS NUMBER 75-12-7,
    2  INCLUDING METHANAMIDE AND CARBAMALDEHYDE.
    3  S 37-0405. FOAM MAT PRODUCTS.
    4    1.  BEGINNING  DECEMBER  FIRST, TWO THOUSAND SIXTEEN, NO PERSON, FIRM,
    5  PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
    6  SELL OR OFFER FOR SALE IN THIS STATE ANY  FOAM  MAT  PRODUCT  CONTAINING
    7  FORMAMIDE.
    8    2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
    9  DISTRIBUTION OF FOAM MAT PRODUCTS  RESOLD  OR  OFFERED  FOR  RESALE,  OR
   10  DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
   11  S 37-0407. PREEMPTION.
   12    JURISDICTION  IN  ALL  MATTERS PERTAINING TO FORMAMIDE WHICH ARE REGU-
   13  LATED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL  BE  VESTED  EXCLU-
   14  SIVELY IN THE STATE.
   15  S 37-0409. RULES AND REGULATIONS.
   16    THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
   17  AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   18    S 2. This act shall take effect immediately.