Bill Text: NY A04212 | 2011-2012 | General Assembly | Introduced
Bill Title: Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.
Spectrum: Moderate Partisan Bill (Democrat 37-5)
Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A04212 Detail]
Download: New_York-2011-A04212-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4212 2011-2012 Regular Sessions I N A S S E M B L Y February 2, 2011 ___________ Introduced by M. of A. P. RIVERA, COLTON, MAISEL, GABRYSZAK, ROBINSON, BENEDETTO, LAVINE, ZEBROWSKI, ORTIZ, JAFFEE, BOYLAND, LUPARDO, WEISEN- BERG, MARKEY, MAYERSOHN, SPANO -- Multi-Sponsored by -- M. of A. ABBATE, CAMARA, FINCH, V. LOPEZ, MAGEE, McDONOUGH, MILLMAN, PEOPLES-STOKES, REILLY, SCHIMEL, THIELE, TOBACCO -- 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 phthalates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings. The legislature hereby finds that 2 phthalates are a class of chemicals used in polyvinyl chloride (PVC) 3 plastic to improve flexibility and in cosmetics to bind fragrance to the 4 product. Phthalates are used in many products intended for use by young 5 children including, but not limited to, teethers, toys and soft plastic 6 books. 7 It is further found that there is extensive scientific literature 8 reporting the hormone disrupting effect of phthalates, and substantial 9 evidence that levels of the phthalates of concern are found in humans at 10 levels associated with adverse effects. Population studies show that 11 virtually everyone carries some level of phthalates in their body. For 12 the general population, the oral route of exposure is considered a major 13 route. 14 S 2. The general business law is amended by adding a new section 397-b 15 to read as follows: 16 S 397-B. TOYS AND CHILD CARE PRODUCTS; PHTHALATES. 1. FOR THE PURPOSES 17 OF THIS SECTION: 18 (A) "CHILD CARE ARTICLE" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY 19 THE MANUFACTURER TO FACILITATE SLEEP, RELAXATION OR THE FEEDING OF CHIL- 20 DREN, OR TO HELP CHILDREN WITH SUCKING OR TEETHING; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00134-01-1 A. 4212 2 1 (B) "TOY" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE MANUFACTURER 2 TO BE USED BY CHILDREN WHEN THEY PLAY. 3 2. 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 DI(2-ETHYLEXYL)PHTHALATE, DIBU- 6 TYL PHTHALATE OR BUTYL BENZYL PHTHALATE IN CONCENTRATIONS IN EXCESS OF 7 0.1 PERCENT. 8 3. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA- 9 NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE 10 ANY TOY OR CHILD CARE PRODUCT CONTAINING DI-ISONONYL PHTHALATE, DI-ISO- 11 DECYL PHTHALATE OR DI-N-OCTYL PHTHALATE IN CONCENTRATIONS IN EXCESS OF 12 0.1 PERCENT, INTENDED FOR USE BY A CHILD UNDER THREE YEARS OF AGE WHEN 13 SUCH TOY OR PRODUCT MAY BE PLACED IN THE CHILD'S MOUTH. 14 4. EVERY MANUFACTURER OF A PRODUCT OR TOY PROHIBITED BY THIS SECTION 15 SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A OR PHTHALATE IN 16 THE TOY OR PRODUCT. SUCH ALTERNATIVE SHALL NOT BE (I) A CARCINOGEN RATED 17 BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A, B OR C CARCI- 18 NOGENS, OR SUBSTANCES LISTED AS KNOWN OR LIKELY CARCINOGENS, KNOWN TO BE 19 HUMAN CARCINOGENS, LIKELY TO BE HUMAN CARCINOGENS OR SUGGESTIVE OF BEING 20 HUMAN CARCINOGENS, AS DESCRIBED IN THE "LIST OF CHEMICALS EVALUATED FOR 21 CARCINOGEN POTENTIAL"; OR (II) REPRODUCTIVE TOXICANTS THAT CAUSE BIRTH 22 DEFECTS, REPRODUCTIVE HARM OR DEVELOPMENTAL HARM AS IDENTIFIED BY THE 23 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. 24 5. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY 25 COMPANY OR CORPORATION WHICH VIOLATES ANY PROVISION OF THIS SECTION 26 SHALL BE LIABLE FOR A CIVIL FINE OF NOT LESS THAN TEN THOUSAND DOLLARS 27 FOR EACH DAY OF SUCH VIOLATION. 28 S 3. This act shall take effect January 1, 2012.