Bill Text: NY S00405 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Limits the use of certain substances in brake friction material and sets certain deadlines for compliance with such limits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-11 - PRINT NUMBER 405A [S00405 Detail]

Download: New_York-2013-S00405-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          405
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to limiting the
         use of certain substances in brake friction material
         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 finds that brake
    2  friction is an essential component of motor vehicle brakes and is  crit-
    3  ically  important to transportation safety and public safety in general.
    4  Debris from brake friction materials containing copper and its compounds
    5  is generated and released into the environment during  normal  operation
    6  of  motor  vehicle  brakes.  Thousands  of  pounds  of  copper and other
    7  substances released from brake friction material enter  New  York  state
    8  streams, rivers and marine environments as a result of the normal opera-
    9  tion  of motor vehicle brakes. The legislature finds that brake friction
   10  materials are toxic to many aquatic and marine  organisms  and  must  be
   11  regulated  to  ensure  the  quality,  safety,  and health of the state's
   12  waterways.
   13    S 2. The vehicle and traffic law is amended by adding  a  new  section
   14  382-d to read as follows:
   15    S  382-D.  BRAKE  FRICTION  MATERIAL. 1. DEFINITIONS. (A) "ALTERNATIVE
   16  BRAKE FRICTION  MATERIAL"  MEANS  BRAKE  MATERIAL  THAT:  (I)  DOES  NOT
   17  CONTAIN:  (A)  MORE  THAN 0.5 PERCENT COPPER OR ITS COMPOUNDS BY WEIGHT;
   18  (B) THE CONSTITUENTS IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION AT OR
   19  ABOVE THE CONCENTRATIONS SPECIFIED; OR (C) OTHER MATERIALS DETERMINED BY
   20  THE DEPARTMENT TO BE MORE HARMFUL TO HUMAN  HEALTH  OR  THE  ENVIRONMENT
   21  THAN EXISTING BRAKE FRICTION MATERIAL; (II) ENABLES MOTOR VEHICLE BRAKES
   22  TO  MEET  APPLICABLE  FEDERAL  SAFETY STANDARDS, OR IF NO FEDERAL SAFETY
   23  STANDARD EXISTS, A WIDELY ACCEPTED INDUSTRY STANDARD; (III) IS AVAILABLE
   24  AT A COST AND QUANTITY THAT DOES NOT CAUSE SIGNIFICANT  FINANCIAL  HARD-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00588-01-3
       S. 405                              2
    1  SHIP  ACROSS  A MAJORITY OF BRAKE FRICTION MATERIAL AND VEHICLE MANUFAC-
    2  TURING INDUSTRIES; AND (IV) IS AVAILABLE TO ENABLE BRAKE FRICTION  MATE-
    3  RIAL  AND  VEHICLE  MANUFACTURERS  TO  PRODUCE  VIABLE  PRODUCTS MEETING
    4  CONSUMER EXPECTATIONS REGARDING BRAKE NOISE, SHUDDERING AND DURABILITY.
    5    (B) "BRAKE FRICTION MATERIAL" MEANS THAT PART OF A MOTOR VEHICLE BRAKE
    6  DESIGNED  TO  SLOW OR STOP THE MOVEMENT OF A MOTOR VEHICLE THROUGH FRIC-
    7  TION MADE AGAINST A ROTOR OR MORE DURABLE MATERIAL.
    8    (C) "MOTOR VEHICLE" MEANS A VEHICLE AS DEFINED BY SECTION ONE  HUNDRED
    9  TWENTY-FIVE OF THIS CHAPTER; PROVIDED, HOWEVER, FOR THE PURPOSES OF THIS
   10  SECTION  SUCH  TERM SHALL NOT INCLUDE A MOTORCYCLE AS DEFINED BY SECTION
   11  ONE HUNDRED TWENTY-THREE OF THIS CHAPTER.
   12    (D) "MOTOR VEHICLE BRAKE" MEANS AN ENERGY CONVERSION MECHANISM USED TO
   13  SLOW OR STOP THE MOVEMENT OF A MOTOR VEHICLE BUT DOES NOT INCLUDE BRAKES
   14  DESIGNED PRIMARILY TO HOLD MOTOR VEHICLES STATIONARY AND ARE NOT FOR USE
   15  WHILE MOTOR VEHICLES ARE IN MOTION.
   16    (E)  "ORIGINAL  EQUIPMENT  SERVICE"  MEANS  BRAKE  FRICTION   MATERIAL
   17  PROVIDED  AS  SERVICE  PARTS  ORIGINALLY DESIGNED FOR AND USING THE SAME
   18  BRAKE FRICTION MATERIAL FORMULATION SOLD WITH A NEW MOTOR VEHICLE.
   19    (F) "SMALL VOLUME MOTOR VEHICLE MANUFACTURER" MEANS A MANUFACTURER  OF
   20  MOTOR  VEHICLES  WITH ANNUAL SALES IN NEW YORK OF LESS THAN ONE THOUSAND
   21  NEW PASSENGER CARS, LIGHT-DUTY VEHICLES, HEAVY-DUTY VEHICLES, AND  HEAV-
   22  Y-DUTY  ENGINES  BASED  ON  THE  AVERAGE NUMBER OF VEHICLES SOLD FOR THE
   23  THREE PREVIOUS CONSECUTIVE MODEL YEARS.
   24    2. PROHIBITIONS ON BRAKE  FRICTION  MATERIAL.  (A)  BEGINNING  JANUARY
   25  FIRST,  TWO  THOUSAND SIXTEEN, NO MANUFACTURER, WHOLESALER, RETAILER, OR
   26  DISTRIBUTOR MAY SELL OR OFFER FOR SALE BRAKE FRICTION  MATERIAL  IN  NEW
   27  YORK  STATE  CONTAINING  ANY  OF THE FOLLOWING CONSTITUENTS IN AN AMOUNT
   28  EXCEEDING THE SPECIFIED CONCENTRATIONS:
   29    (I) ASBESTIFORM FIBERS: 0.1 PERCENT BY WEIGHT;
   30    (II) CADMIUM AND ITS COMPOUNDS: 0.01 PERCENT BY WEIGHT;
   31    (III) CHROMIUM (VI) SALTS: 0.1 PERCENT BY WEIGHT;
   32    (IV) LEAD AND ITS COMPOUNDS: 0.1 PERCENT BY WEIGHT;
   33    (V) MERCURY AND ITS COMPOUNDS: 0.1 PERCENT BY WEIGHT.
   34    (B) BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-THREE NO  MANUFAC-
   35  TURER,  WHOLESALER,  RETAILER, OR DISTRIBUTOR MAY SELL OR OFFER FOR SALE
   36  BRAKE FRICTION MATERIAL IN NEW YORK  STATE  CONTAINING  MORE  THAN  FIVE
   37  PERCENT COPPER AND ITS COMPOUNDS BY WEIGHT.
   38    (C) BRAKE FRICTION MATERIAL MANUFACTURED PRIOR TO TWO THOUSAND SIXTEEN
   39  IS  EXEMPT  FROM THE DEADLINE MANDATED BY PARAGRAPH (A) OF THIS SUBDIVI-
   40  SION FOR THE PURPOSES OF CLEARING INVENTORY; PROVIDED, HOWEVER THAT SUCH
   41  EXEMPTION  SHALL  NOT  EXTEND  BEYOND  JANUARY   FIRST,   TWO   THOUSAND
   42  TWENTY-SIX.
   43    (D)  BRAKE  FRICTION MATERIAL MANUFACTURED PRIOR TO TWO THOUSAND TWEN-
   44  TY-THREE IS EXEMPT FROM THE DEADLINE MANDATED BY PARAGRAPH (B)  OF  THIS
   45  SUBDIVISION  FOR  THE PURPOSES OF CLEARING INVENTORY; PROVIDED, HOWEVER,
   46  THAT SUCH EXEMPTION SHALL NOT EXTEND BEYOND JANUARY FIRST, TWO  THOUSAND
   47  THIRTY-THREE.
   48    (E) BRAKE FRICTION MATERIAL MANUFACTURED AS PART OF AN ORIGINAL EQUIP-
   49  MENT  SERVICE CONTRACT FOR VEHICLES MANUFACTURED PRIOR TO JANUARY FIRST,
   50  TWO THOUSAND SIXTEEN, IS EXEMPT FROM THE DEADLINE MANDATED IN  PARAGRAPH
   51  (A) OF THIS SUBDIVISION.
   52    (F) BRAKE FRICTION MATERIAL MANUFACTURED AS PART OF AN ORIGINAL EQUIP-
   53  MENT  SERVICE CONTRACT FOR VEHICLES MANUFACTURED PRIOR TO JANUARY FIRST,
   54  TWO THOUSAND TWENTY-THREE, IS EXEMPT FROM THE DEADLINE MANDATED IN PARA-
   55  GRAPH (B) OF THIS SUBDIVISION.
       S. 405                              3
    1    3. DEPARTMENT REVIEW OF ALTERNATIVE BRAKE FRICTION MATERIAL. (A) ON OR
    2  BEFORE DECEMBER FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT SHALL REVIEW
    3  RISK  ASSESSMENTS,  SCIENTIFIC  STUDIES,  AND  OTHER  RELEVANT  ANALYSES
    4  REGARDING BRAKE FRICTION MATERIAL AND DETERMINE WHETHER THE MATERIAL MAY
    5  BE  AVAILABLE. THE DEPARTMENT SHALL CONSIDER ANY NEW SCIENCE WITH REGARD
    6  TO THE BIOAVAILABILITY AND TOXICITY OF COPPER.
    7    (B) IF THE DEPARTMENT FINDS THE ALTERNATIVE  BRAKE  FRICTION  MATERIAL
    8  MAY BE AVAILABLE, IT SHALL:
    9    (I)  BY DECEMBER THIRTY-FIRST OF THE YEAR THE FINDING IS MADE, PUBLISH
   10  SUCH INFORMATION AND PRESENT IT IN A REPORT TO THE APPROPRIATE  LEGISLA-
   11  TIVE   COMMITTEES.   SUCH   REPORT  SHALL  INCLUDE  RECOMMENDATIONS  FOR
   12  EXEMPTIONS ON ORIGINAL EQUIPMENT SERVICE  AND  BRAKE  FRICTION  MATERIAL
   13  MANUFACTURED  PRIOR  TO  DATES SPECIFIED IN THIS SECTION AND MAY INCLUDE
   14  RECOMMENDATIONS FOR OTHER EXEMPTIONS; AND
   15    (II) CONVENE A BRAKE FRICTION MATERIAL ADVISORY COMMITTEE WHICH  SHALL
   16  INCLUDE:
   17    (A)  THE  COMMISSIONER,  OR  HIS  OR  HER DESIGNEE, WHO WILL CHAIR THE
   18  COMMITTEE;
   19    (B) A REPRESENTATIVE OF MANUFACTURERS OF BRAKE FRICTION MATERIAL;
   20    (C) A REPRESENTATIVE OF MANUFACTURERS OF MOTOR VEHICLES;
   21    (D) A REPRESENTATIVE OF THE NATIONAL HIGHWAY TRAFFIC  SAFETY  ADMINIS-
   22  TRATION; AND
   23    (E)  A  REPRESENTATIVE OF A NONGOVERNMENTAL ORGANIZATION WHOSE PRIMARY
   24  PURPOSE OR ORGANIZING PRINCIPLE IS PROTECTION OF THE ENVIRONMENT.
   25    (C) THE COMMITTEE ESTABLISHED IN PARAGRAPH  (B)  OF  THIS  SUBDIVISION
   26  SHALL  SEPARATELY ASSESS ALTERNATIVE BRAKE FRICTION MATERIAL FOR PASSEN-
   27  GER VEHICLES, LIGHT-DUTY  VEHICLES  AND  HEAVY-DUTY  VEHICLES  AND  MAKE
   28  RECOMMENDATIONS  TO THE DEPARTMENT AS TO WHETHER ALTERNATIVE BRAKE FRIC-
   29  TION MATERIAL IS AVAILABLE OR UNAVAILABLE FOR EACH.
   30    (D) BEGINNING EIGHT YEARS AFTER THE COMMITTEE ESTABLISHED IN PARAGRAPH
   31  (B) OF THIS SUBDIVISION CONFIRMS THAT ALTERNATIVE BRAKE FRICTION MATERI-
   32  AL IS AVAILABLE SUBSEQUENT TO THE PUBLICATION  IN  THE  NEW  YORK  STATE
   33  REGISTER  OF  THE REPORT REFERENCED IN SUBPARAGRAPH (I) OF PARAGRAPH (B)
   34  OF THIS SUBDIVISION NO MANUFACTURER, WHOLESALER, RETAILER, OR  DISTRIBU-
   35  TOR MAY SELL OR OFFER FOR SALE BRAKE FRICTION MATERIAL IN NEW YORK STATE
   36  CONTAINING  MORE THAN 0.5 PERCENT COPPER AND ITS COMPOUNDS BY WEIGHT, AS
   37  SPECIFIED IN THE REPORT.
   38    (E) THE DEPARTMENT SHALL ADOPT RULES TO IMPLEMENT THIS SUBDIVISION.
   39    4. APPLICATION FOR EXEMPTIONS. ANY MOTOR VEHICLE MANUFACTURER OR BRAKE
   40  FRICTION MATERIAL MANUFACTURER  MAY  APPLY  TO  THE  DEPARTMENT  FOR  AN
   41  EXEMPTION  FROM  THIS SECTION FOR BRAKE FRICTION MATERIAL INTENDED FOR A
   42  SPECIFIC MOTOR VEHICLE MODEL OR CLASS OF MOTOR VEHICLES BASED ON SPECIAL
   43  NEEDS OR CHARACTERISTICS OF THE MOTOR VEHICLES FOR WHICH THE BRAKE FRIC-
   44  TION MATERIAL IS INTENDED. EXEMPTIONS MAY BE  ISSUED  FOR  SMALL  VOLUME
   45  MOTOR  VEHICLE  MANUFACTURERS, SPECIFIC MOTOR VEHICLE MODELS, OR SPECIAL
   46  CLASSES OF VEHICLES, INCLUDING, BUT NOT LIMITED TO, FIRE TRUCKS,  POLICE
   47  CARS,  AND HEAVY OR WIDE LOAD EQUIPMENT HAULING; PROVIDED, HOWEVER, THAT
   48  THE MANUFACTURER CAN DEMONSTRATE THAT COMPLYING WITH THE REQUIREMENTS OF
   49  THIS SECTION DOES NOT ALLOW COMPLIANCE WITH SAFETY STANDARDS, OR  CAUSES
   50  SIGNIFICANT  FINANCIAL  HARDSHIP.  EXEMPTIONS ARE VALID FOR NO LESS THAN
   51  ONE YEAR AND MAY BE RENEWED AUTOMATICALLY AS NEEDED. EXEMPTIONS MAY ALSO
   52  BE PERMANENT, PROVIDED THAT THEY ARE DESIGNATED  AS  SUCH  AND  PROVIDED
   53  THAT  THE VEHICLE IS USED SOLELY IN THE MANNER DESCRIBED IN THE APPLICA-
   54  TION.
   55    5. REPORTING REQUIREMENTS. (A) BY JANUARY FIRST, TWO THOUSAND FIFTEEN,
   56  AND AT LEAST EVERY THREE YEARS THEREAFTER, MANUFACTURERS OF BRAKE  FRIC-
       S. 405                              4
    1  TION MATERIAL SOLD OR OFFERED FOR SALE IN NEW YORK SHALL PROVIDE DATA TO
    2  THE  DEPARTMENT  ADEQUATE  TO ENABLE THE DEPARTMENT TO DETERMINE CONCEN-
    3  TRATIONS OF ANTIMONY, COPPER, NICKEL AND ZINC  AND  THEIR  COMPOUNDS  IN
    4  BRAKE FRICTION MATERIAL SOLD OR OFFERED FOR SALE IN NEW YORK.
    5    (B) USING THIS DATA AND OTHER DATA AS NEEDED, AND IN CONSULTATION WITH
    6  THE  BRAKE  FRICTION  MATERIAL  MANUFACTURING  INDUSTRY,  THE DEPARTMENT
    7  SHALL:
    8    (I) BY JULY FIRST, TWO THOUSAND FIFTEEN,  ESTABLISH  BASELINE  CONCEN-
    9  TRATION LEVELS FOR CONSTITUENTS IDENTIFIED IN BRAKE FRICTION MATERIAL;
   10    (II)  TRACK  PROGRESS  TOWARD  REDUCING  THE  USE  OF  COPPER  AND ITS
   11  COMPOUNDS AND ENSURE THAT  CONCENTRATION  LEVELS  OF  ANTIMONY,  COPPER,
   12  NICKEL  OR  ZINC  AND THEIR COMPOUNDS DO NOT INCREASE BY MORE THAN FIFTY
   13  PERCENT ABOVE BASELINE CONCENTRATION LEVELS; AND
   14    (III) IF CONCENTRATION LEVELS OF ANTIMONY, COPPER, NICKEL OR ZINC  AND
   15  THEIR  COMPOUNDS  IN  BRAKE  FRICTION  MATERIAL  INCREASE ABOVE BASELINE
   16  CONCENTRATION LEVELS, THE DEPARTMENT SHALL REVIEW SCIENTIFIC STUDIES  TO
   17  DETERMINE  THE  POTENTIAL  IMPACT OF THE CONSTITUENT ON HUMAN HEALTH AND
   18  THE ENVIRONMENT. IF SCIENTIFIC STUDIES DEMONSTRATE THE NEED FOR CONTROL-
   19  LING THE USE OF THE CONSTITUENT IN BRAKE FRICTION MATERIAL, THE  DEPART-
   20  MENT  MAY  RECOMMEND  LIMITS ON CONCENTRATION LEVELS OF SUCH CONSTITUENT
   21  MATERIAL.
   22    6. COMPLIANCE. (A) MANUFACTURERS OF BRAKE  FRICTION  MATERIAL  OFFERED
   23  FOR  SALE  IN NEW YORK MUST CERTIFY COMPLIANCE WITH REQUIREMENTS OF THIS
   24  SECTION AND MARK PROOF OF CERTIFICATION ON THE BRAKE  FRICTION  MATERIAL
   25  IN ACCORDANCE WITH CRITERIA IMPLEMENTED PURSUANT TO THIS SUBDIVISION.
   26    (B)  BY  DECEMBER  FIRST, TWO THOUSAND FOURTEEN, THE DEPARTMENT SHALL,
   27  AFTER CONSULTING WITH INTERESTED PARTIES, DEVELOP COMPLIANCE CRITERIA TO
   28  MEET  THE  REQUIREMENTS  OF  THIS  SECTION.  COMPLIANCE  CRITERIA  SHALL
   29  INCLUDE,  BUT NOT BE LIMITED TO, (I) SELF-CERTIFICATION OF COMPLIANCE BY
   30  BRAKE FRICTION MATERIAL MANUFACTURERS AND (II) MARKED PROOF  OF  CERTIF-
   31  ICATION,  INCLUDING  MANUFACTURE  DATE,  ON  BRAKE FRICTION MATERIAL AND
   32  PRODUCT PACKAGING. MARKED PROOF OF CERTIFICATION MUST APPEAR BY  JANUARY
   33  FIRST, TWO THOUSAND SIXTEEN.
   34    (C)  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, MANUFACTURERS
   35  OF NEW MOTOR VEHICLES OFFERED FOR SALE IN  NEW  YORK  MUST  ENSURE  THAT
   36  MOTOR VEHICLES ARE EQUIPPED WITH BRAKE FRICTION MATERIAL CERTIFIED TO BE
   37  COMPLIANT WITH THE REQUIREMENTS OF THIS SECTION.
   38    7.  CIVIL  PENALTY.    (A) A BRAKE FRICTION MATERIAL MANUFACTURER THAT
   39  KNOWINGLY VIOLATES THIS SECTION SHALL RECALL THE BRAKE FRICTION MATERIAL
   40  AND REIMBURSE THE BRAKE FRICTION DISTRIBUTOR,  RETAILER,  OR  ANY  OTHER
   41  PURCHASER  FOR  THE  MATERIAL  AND  ANY APPLICABLE SHIPPING AND HANDLING
   42  CHARGES FOR RETURNING THE MATERIAL. A BRAKE FRICTION  MATERIAL  MANUFAC-
   43  TURER  THAT  VIOLATES  THIS SECTION IS SUBJECT TO A CIVIL PENALTY NOT TO
   44  EXCEED TEN THOUSAND DOLLARS FOR EACH VIOLATION.
   45    (B) A MOTOR VEHICLE DISTRIBUTOR OR RETAILER  THAT  KNOWINGLY  VIOLATES
   46  THIS  SECTION  IS  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
   47  DOLLARS FOR EACH VIOLATION. A MOTOR VEHICLE DISTRIBUTOR OR  RETAILER  IS
   48  NOT  IN  VIOLATION OF THIS SECTION FOR SELLING A VEHICLE THAT WAS PREVI-
   49  OUSLY SOLD AT RETAIL AND THAT CONTAINS BRAKE FRICTION  MATERIAL  FAILING
   50  TO  MEET  THE  REQUIREMENTS  OF THIS CHAPTER. HOWEVER, IF THE DEPARTMENT
   51  CONCLUSIVELY PROVES THAT  THE  MOTOR  VEHICLE  DISTRIBUTOR  OR  RETAILER
   52  INSTALLED  BRAKE  FRICTION  MATERIAL  THAT  VIOLATES THIS SECTION ON THE
   53  VEHICLE BEING SOLD AND  WAS  AWARE  THAT  THE  BRAKE  FRICTION  MATERIAL
   54  VIOLATES  THIS  SECTION,  THE  MOTOR  VEHICLE DISTRIBUTOR OR RETAILER IS
   55  SUBJECT TO CIVIL PENALTIES UNDER THIS SECTION.
       S. 405                              5
    1    (C) A MOTOR VEHICLE MANUFACTURER THAT VIOLATES THIS SECTION MUST NOTI-
    2  FY THE REGISTERED OWNER OF THE VEHICLE WITHIN SIX MONTHS OF KNOWLEDGE OF
    3  THE VIOLATION AND MUST REPLACE AT NO COST TO THE OWNER THE  NONCOMPLIANT
    4  BRAKE  FRICTION MATERIAL WITH BRAKE FRICTION MATERIAL THAT COMPLIES WITH
    5  THIS  SECTION.  A  MOTOR  VEHICLE MANUFACTURER THAT FAILS TO PROVIDE THE
    6  REQUIRED NOTIFICATION TO REGISTERED  OWNERS  OF  THE  AFFECTED  VEHICLES
    7  WITHIN  SIX  MONTHS  OF KNOWLEDGE OF THE VIOLATION IS SUBJECT TO A CIVIL
    8  PENALTY NOT TO EXCEED ONE HUNDRED  THOUSAND  DOLLARS.  A  MOTOR  VEHICLE
    9  MANUFACTURER  THAT  FAILS TO PROVIDE THE REQUIRED NOTIFICATION TO REGIS-
   10  TERED OWNERS OF THE AFFECTED VEHICLES AFTER TWELVE MONTHS  OF  KNOWLEDGE
   11  OF  THE  VIOLATION IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOU-
   12  SAND DOLLARS PER VEHICLE.
   13    8. EDUCATION. THE DEPARTMENT SHALL, BY  JANUARY  FIRST,  TWO  THOUSAND
   14  FOURTEEN,  PREPARE  AND DISTRIBUTE INFORMATION ABOUT THE PROHIBITIONS TO
   15  MANUFACTURERS, DISTRIBUTORS, AND RETAILERS TO THE MAXIMUM EXTENT PRACTI-
   16  CABLE.
   17    9. RULES AND REGULATIONS. THE COMMISSIONER SHALL  HAVE  THE  POWER  TO
   18  ENACT RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   19    S 3. This act shall take effect immediately.