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