Bill Text: NY A06879 | 2019-2020 | General Assembly | Introduced

Bill Title: Establishes a program to provide information to consumers concerning household hazardous products; provides such information be available at the point of retail sale by labels and pamphlets; provides such information should disclose hazards and inform people of environmentally safer alternatives; provides for the establishment of a hazardous product list by the department of environmental conservation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-03-25 - referred to environmental conservation [A06879 Detail]

Download: New_York-2019-A06879-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 25, 2019
        Introduced  by  M. of A. COOK, GOTTFRIED, OTIS -- read once and referred
          to the Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          retail  shelf  labeling  of  household  hazardous products and related
          consumer information
          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 4 to read as follows:
     3                                   TITLE IV
     5  Section 37-0401. Household hazardous products; consumer information.
     6  § 37-0401. Household hazardous products; consumer information.
     7    1. To the extent funds are available, the department shall, in consul-
     8  tation  with  New  York retailers and product manufacturers, establish a
     9  program to:
    10    a. provide information to retailers  with  respect  to  the  hazardous
    11  products  specified  in  subdivision  two  of  this section and environ-
    12  mentally safer alternatives to those products;
    13    b. provide labels  for  retail  use  with  respect  to  the  hazardous
    14  products;
    15    c.  provide pamphlets for consumers, to be made available by retailers
    16  at the point  of  sale,  describing  the  toxicity  of  these  hazardous
    17  products,  safer  disposal  methods,  and alternative products which are
    18  environmentally safer; and
    19    d.  require  that  retail  establishments  display  these  labels  and
    20  pamphlets  on  shelves,  or  in  the  immediate  vicinity  of  hazardous
    21  products, within one year of the effective date of this section.
    22    2. "Hazardous products" for the purposes of this section  are  defined
    23  as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6879                             2
     1    a. Automotive products including motor oil, transmission fluid, engine
     2  lubricants and cleaners, oil, and transmission fluid additives, gasoline
     3  additives, gas line freeze-up products, antifreeze, and windshield wiper
     4  solutions;
     5    b.  Shoe  polishes,  floor waxes, car waxes, furniture polishes, spray
     6  dust cleaners, furniture stains and wood preservatives;
     7    c. Mineral spirits, turpentine, alcohols not  for  human  consumption,
     8  cresol, and naphtha;
     9    d.  Paints,  whether  for  brush or spray application, aerosol paints,
    10  lacquers, and thinners (except water);
    11    e. Drain cleaners, sink and toilet bowl cleaners, and oven cleaners;
    12    f. Spot and stain removers with petroleum base;
    13    g. Petroleum based fertilizers sold for residential application;
    14    h. Pesticides sold for residential application; and
    15    i. Lead-acid batteries, swimming pool chemicals,  photographic  chemi-
    16  cals,  most glues and adhesives, self-lighting charcoal, charcoal light-
    17  er, butane lighters, and all aerosols (except personal care products).
    18    3. The department may, by regulation, add to or delete from  the  list
    19  established  in  subdivision two of this section, as deemed appropriate.
    20  Similarly, the department may delete from  the  list  specific  products
    21  that  do  not  contain a hazardous chemical in concentration at or above
    22  one percent. A hazardous chemical, for purposes of this  section,  shall
    23  be consistent with hazardous chemicals listed in regulations promulgated
    24  in  accordance  with  title  9  of article 27 of this chapter. A product
    25  manufacturer of any product listed in subdivision two  of  this  section
    26  may  petition  the  department  for an exemption if the product does not
    27  contain a hazardous chemical in concentration at or above one percent.
    28    § 2. This act shall take effect one year after it shall have become  a
    29  law. Effective immediately, the addition, amendment and/or repeal of any
    30  rule  or  regulation necessary for the implementation of this act on its
    31  effective date are authorized to be made and completed on or before such
    32  effective date.