Bill Text: NY A03359 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits the manufacture, distribution and sale of certain toys and child care products containing bisphenol-A or phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A03359 Detail]

Download: New_York-2015-A03359-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3359
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
         Committee on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to prohibiting the
         manufacture, distribution and sale of toys and  child  care  products,
         containing bisphenol-A or phthalates, which are intended for use by or
         upon a child under the age of fourteen years
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  397-b to read as follows:
    3    S 397-B. TOYS AND CHILD CARE PRODUCTS; BISPHENOL-A AND PHTHALATES.  1.
    4  THE  LEGISLATURE  HEREBY  FINDS  THAT BISPHENOL-A, AN ESTROGEN-MIMICKING
    5  ENDOCRINE DISRUPTER CHEMICAL, IS USED IN THE PRODUCTION OF EPOXY  RESINS
    6  AND  POLYCARBONATE PLASTICS, AND IS THE MAIN INGREDIENT IN HARD POLYCAR-
    7  BONATE PLASTICS. THESE PLASTICS ARE USED IN MANY FOOD AND DRINK  PACKAG-
    8  ING  APPLICATIONS,  AND THE RESINS ARE COMMONLY USED AS LACQUERS TO COAT
    9  METAL PRODUCTS SUCH AS FOOD CANS, BOTTLE TOPS AND  WATER  SUPPLY  PIPES.
   10  BISPHENOL-A  HAS  BEEN  SHOWN TO HAVE HORMONE DISRUPTING EFFECTS, AND IS
   11  ALSO USED IN MANY PRODUCTS INTENDED FOR USE BY YOUNG CHILDREN  INCLUDING
   12  TOYS, PACIFIERS, BABY BOTTLES AND TEETHERS.
   13    THE LEGISLATURE ALSO FINDS THAT PHTHALATES ARE CHEMICALS USED TO PLAS-
   14  TICIZE  SOME FOOD CONTAINERS, PLASTIC WRAP, TOYS, SHAMPOOS, PERFUMES AND
   15  BEAUTY PRODUCTS. SUCH CHEMICALS HAVE BEEN SHOWN TO HAVE HORMONE DISRUPT-
   16  ING EFFECTS.
   17    2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
   18  NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR  SALE
   19  ANY  TOY  OR CHILD CARE PRODUCT CONTAINING BISPHENOL-A, INTENDED FOR USE
   20  BY A CHILD UNDER FOURTEEN YEARS OF AGE.
   21    3.  FOR   THE   PURPOSES   OF   THIS   SECTION,   "PHTHALATES"   MEANS
   22  DI(2-ETHYLHEXYL) PHTHALATE (DEHP), DIBUTYL PHTHALATE (DBP), BENZYL BUTYL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01682-01-5
       A. 3359                             2
    1  PHTHALATE  (BBP),  DIISONONYL  PHTHALATE  (DINP),  DIISODECYL  PHTHALATE
    2  (DIDP), OR DI-N-OCTYL PHTHALATE (DNOP).
    3    4. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
    4  NY  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
    5  ANY TOY OR CHILD CARE PRODUCT CONTAINING  ANY  INDIVIDUAL  PHTHALATE  OR
    6  MULTIPLE PHTHALATES IN CONCENTRATIONS IN EXCESS OF 0.1 PERCENT.
    7    5. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
    8  NY  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
    9  ANY TOY OR CHILD CARE PRODUCT CONTAINING  ANY  INDIVIDUAL  PHTHALATE  OR
   10  MULTIPLE PHTHALATES IN CONCENTRATIONS IN EXCESS OF 0.1 PERCENT, INTENDED
   11  FOR  USE BY A CHILD UNDER FOURTEEN YEARS OF AGE WHEN SUCH TOY OR PRODUCT
   12  MAY BE PLACED IN THE CHILD'S MOUTH.
   13    6. EVERY MANUFACTURER OF A PRODUCT OR TOY PROHIBITED BY  THIS  SECTION
   14  SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A OR PHTHALATE IN
   15  THE TOY OR PRODUCT. SUCH ALTERNATIVE SHALL NOT BE (I) A CARCINOGEN RATED
   16  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A, B OR C CARCI-
   17  NOGENS, OR SUBSTANCES LISTED AS KNOWN OR LIKELY CARCINOGENS, KNOWN TO BE
   18  HUMAN CARCINOGENS, LIKELY TO BE HUMAN CARCINOGENS OR SUGGESTIVE OF BEING
   19  HUMAN  CARCINOGENS, AS DESCRIBED IN THE "LIST OF CHEMICALS EVALUATED FOR
   20  CARCINOGEN POTENTIAL"; OR (II) REPRODUCTIVE TOXICANTS THAT  CAUSE  BIRTH
   21  DEFECTS,  REPRODUCTIVE  HARM  OR DEVELOPMENTAL HARM AS IDENTIFIED BY THE
   22  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
   23    7. ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
   24  COMPANY  OR  CORPORATION  WHICH  VIOLATES  ANY PROVISION OF THIS SECTION
   25  SHALL BE LIABLE FOR A CIVIL FINE OF NOT LESS THAN TEN  THOUSAND  DOLLARS
   26  FOR EACH DAY OF SUCH VIOLATION.
   27    S  2. This act shall take effect on the first of January next succeed-
   28  ing the date on which it shall have become a law.