Bill Text: NY A05295 | 2013-2014 | General Assembly | Amended

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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: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-05-20 - reported referred to codes [A05295 Detail]

Download: New_York-2013-A05295-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5295--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2013
                                      ___________
       Introduced by M. of A. ROSENTHAL, ROBERTS -- Multi-Sponsored by -- M. of
         A.  CLARK  --  read  once  and  referred  to the Committee on Consumer
         Affairs and Protection -- recommitted to  the  Committee  on  Consumer
         Affairs  and  Protection 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 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.
                                                                  LBD03176-02-4
       A. 5295--A                          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, 2015.