Bill Text: NY A07956 | 2013-2014 | General Assembly | Introduced

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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 - Dead) 2014-05-28 - reported referred to ways and means [A07956 Detail]

Download: New_York-2013-A07956-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7956
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 12, 2013
                                      ___________
       Introduced  by M. of A. COOK, GOTTFRIED, HOOPER -- Multi-Sponsored by --
         M. of A. BOYLAND -- read once and referred to the Committee  on  Envi-
         ronmental 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
    4             HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION
    5  SECTION 37-0401. HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION.
    6  S 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.
                                                                  LBD01999-01-3
       A. 7956                             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    S 2. This act shall take effect one year after it shall have become  a
   29  law, provided, however, that effective immediately, the addition, amend-
   30  ment  and/or repeal of any rules or regulations necessary for the imple-
   31  mentation of the foregoing section of this act on its effective date  is
   32  authorized  and  directed  to  be  made  and completed on or before such
   33  effective date.