Bill Text: NY A06195 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 6195 (Prior Session Legislation)

Bill Title: Prohibits the manufacture, distribution, and sale of child care products containing TRIS.

Spectrum: Partisan Bill (Democrat 33-1)

Status: (Passed) 2011-08-01 - signed chap.259 [A06195 Detail]

Download: New_York-2011-A06195-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6195--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2011
                                      ___________
       Introduced  by  M.  of  A. SWEENEY, COLTON, ROBINSON, ZEBROWSKI, REILLY,
         COOK, JAFFEE, ROSENTHAL, N. RIVERA,  BARRON,  MARKEY,  WEPRIN,  GALEF,
         P. RIVERA,  CYMBROWITZ,  LIFTON, MAISEL, MILLMAN, MENG, ROBERTS, BENE-
         DETTO, SCHIMEL, HOOPER, ENGLEBRIGHT -- Multi-Sponsored by -- M. of  A.
         ABINANTI,  CASTELLI,  GLICK, LATIMER, LUPARDO, MAGEE, NOLAN, THIELE --
         read once and referred to the Committee on Environmental  Conservation
         --  reported and referred to the Committee on Rules -- Rules Committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to the Committee on Rules
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting the sale of child products containing TRIS
         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 7 to read as follows:
    3                                   TITLE VII
    4                                    TRIS
    5  SECTION 37-0701. SHORT TITLE.
    6          37-0703. DEFINITIONS.
    7          37-0705. CHILD CARE PRODUCTS.
    8          37-0707. PREEMPTION.
    9          37-0709. RULES AND REGULATIONS.
   10  S 37-0701. SHORT TITLE.
   11    THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE "TRIS-FREE  CHILDREN
   12  AND BABIES ACT".
   13  S 37-0703. DEFINITIONS.
   14    AS USED IN THIS TITLE:
   15    1.  "CHILD  CARE PRODUCT" MEANS A CONSUMER PRODUCT INTENDED FOR USE BY
   16  CHILDREN UNDER THREE YEARS OF AGE, SUCH  AS  BABY  PRODUCTS,  TOYS,  CAR
   17  SEATS, NURSING PILLOWS, CRIB MATTRESSES, AND STROLLERS.
   18    2. "TRIS" SHALL INCLUDE TCEP (TRIS (2-CHLOROETHYL) PHOSPHATE).
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08997-05-1
       A. 6195--A                          2
    1  S 37-0705. CHILD CARE PRODUCTS.
    2    1.  BEGINNING  DECEMBER FIRST, TWO THOUSAND THIRTEEN, NO PERSON, FIRM,
    3  PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
    4  SELL OR OFFER FOR SALE ANY CHILD CARE PRODUCT  INTENDED  FOR  USE  BY  A
    5  CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING TRIS.
    6    2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
    7  DISTRIBUTION OF CHILD CARE PRODUCTS RESOLD OR  OFFERED  FOR  RESALE,  OR
    8  DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
    9  S 37-0707. PREEMPTION.
   10    JURISDICTION  IN  ALL  MATTERS  PERTAINING TO TRIS WHICH ARE REGULATED
   11  PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLUSIVELY  IN
   12  THE STATE.
   13  S 37-0709. RULES AND REGULATIONS.
   14    THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
   15  AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   16    S 2. Section 71-3703 of the environmental conservation law, as amended
   17  by chapter 280 of the laws of 2010, is amended to read as follows:
   18  S 71-3703. Enforcement of article 37.
   19    1. Any person who violates any of the provisions of, or who  fails  to
   20  perform  any  duty  imposed by section 37-0107 or any rule or regulation
   21  promulgated pursuant hereto, shall be liable for a civil penalty not  to
   22  exceed  two thousand five hundred dollars for each such violation and an
   23  additional penalty of not more than five hundred dollars  for  each  day
   24  during  which  such  violation continues, and, in addition thereto, such
   25  person may be enjoined from continuing such violation.
   26    2. Any person who violates any of the provisions of, or who  fails  to
   27  perform  any  duty  imposed by section 37-0505 or any rule or regulation
   28  promulgated pursuant hereto, shall be liable for a civil penalty not  to
   29  exceed  one  thousand  dollars  for each day during which such violation
   30  continues, and in addition thereto, such person  may  be  enjoined  from
   31  continuing  such  violation. Such person shall for a second violation be
   32  liable to the people of the state for a civil penalty not to exceed  two
   33  thousand  five  hundred dollars for each day during which such violation
   34  continues.
   35    3. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
   36  PERFORM  ANY  DUTY  IMPOSED BY SECTION 37-0705 OR ANY RULE OR REGULATION
   37  PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT  TO
   38  EXCEED  ONE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
   39  CONTINUES, AND IN ADDITION THERETO, SUCH PERSON  MAY  BE  ENJOINED  FROM
   40  CONTINUING  SUCH  VIOLATION. SUCH PERSON SHALL FOR A SECOND VIOLATION BE
   41  LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED  TWO
   42  THOUSAND  FIVE  HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
   43  CONTINUES.
   44    S 3. This act shall take effect immediately.