Bill Text: NY S03567 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to banning formaldehyde in certain children's products.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-02-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03567 Detail]

Download: New_York-2019-S03567-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 8, 2019
        Introduced  by Sens. SERRANO, HOYLMAN -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Environmental
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          banning formaldehyde in certain children's products
          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 9 to read as follows:
     3                                  TITLE IX
     4                          FORMALDEHYDE PROHIBITION
     5  Section 37-0901. Banning formaldehyde in certain children's products.
     6  § 37-0901. Banning formaldehyde in certain children's products.
     7    1.  Definitions.  (a)  "Children's  product" means a product primarily
     8  designed, intended or  marketed  by  a  manufacturer  to  be  physically
     9  applied  to  or introduced into a child's body, or used by a child, such
    10  as baby products, toys, car seats, personal  care  products,  a  product
    11  designed or intended by the manufacturer to help a child with sucking or
    12  teething,  to  facilitate  sleep, relaxation, or the feeding of a child,
    13  novelty  products,  bedding,  furniture,  furnishings,  and   children's
    14  apparel.    "Children's product" does not include (i) batteries; or (ii)
    15  consumer electronic products  including  but  not  limited  to  personal
    16  computers, audio and video equipment, calculators, wireless phones, game
    17  consoles,  and  handheld  devices  incorporating a video screen, used to
    18  access interactive software and their associated peripherals; or (iii) a
    19  food or beverage or an additive to a food or beverage regulated  by  the
    20  United  States  Food  and Drug Administration; or (iv) a pesticide regu-
    21  lated by the United States Environmental Protection  Agency;  or  (v)  a
    22  drug, biologic or medical device regulated by the United States Food and
    23  Drug Administration.
    24    (b) "Child" means any person aged twelve and under.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3567                             2
     1    (c)  "Intentionally added chemical" means a chemical deliberately used
     2  in the formulation of a product or subpart of a product.
     3    2.  Formaldehyde  in children's products; ban.  Beginning April first,
     4  two thousand twenty-one, no retailer may sell or offer for sale in  this
     5  state  a  children's product that intentionally contains: (a) formaldeh-
     6  yde, including formaldehyde contained in a solution; or
     7    (b) ingredients that chemically degrade  under  normal  conditions  of
     8  temperature  and pressure to release free formaldehyde at levels exceed-
     9  ing 0.05 percent.
    10    § 2. This act shall take effect on the first of January next  succeed-
    11  ing the date upon which it shall have become a law.