Bill Text: NY S04085 | 2011-2012 | General Assembly | Amended

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Bill Title: Prohibits the manufacture, distribution, and sale of child care products containing TRIS.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2011-06-21 - SUBSTITUTED BY A6195A [S04085 Detail]

Download: New_York-2011-S04085-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4085--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 17, 2011
                                      ___________
       Introduced  by Sens. GRISANTI, AVELLA -- read twice and ordered printed,
         and when printed to be committed to  the  Committee  on  Environmental
         Conservation  -- committee discharged, bill amended, ordered reprinted
         as amended and recommitted to said committee
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting the sale of child products containing TRIS
         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 7 to read as follows:
    3                                   TITLE VII
    4                                    TRIS
    5  SECTION 37-0701. SHORT TITLE.
    6          37-0703. DEFINITIONS.
    7          37-0705. CHILD CARE PRODUCTS.
    8          37-0707. PREEMPTION.
    9          37-0709. RULES AND REGULATIONS.
   10  S 37-0701. SHORT TITLE.
   11    THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE "TRIS-FREE  CHILDREN
   12  AND BABIES ACT".
   13  S 37-0703. DEFINITIONS.
   14    AS USED IN THIS TITLE:
   15    1.  "CHILD  CARE PRODUCT" MEANS A CONSUMER PRODUCT INTENDED FOR USE BY
   16  CHILDREN UNDER THREE YEARS OF AGE, SUCH  AS  BABY  PRODUCTS,  TOYS,  CAR
   17  SEATS, NURSING PILLOWS, CRIB MATTRESSES, AND STROLLERS.
   18    2. "TRIS" SHALL INCLUDE TCEP (TRIS (2-CHLOROETHYL) PHOSPHATE).
   19  S 37-0705. CHILD CARE PRODUCTS.
   20    1.  BEGINNING  DECEMBER FIRST, TWO THOUSAND THIRTEEN, NO PERSON, FIRM,
   21  PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
   22  SELL OR OFFER FOR SALE ANY CHILD CARE PRODUCT  INTENDED  FOR  USE  BY  A
   23  CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING TRIS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       S                                                          LBD08997-03-1
       S. 4085--A                          2
    1    2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
    2  DISTRIBUTION OF CHILD CARE PRODUCTS RESOLD OR  OFFERED  FOR  RESALE,  OR
    3  DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
    4  S 37-0707. PREEMPTION.
    5    JURISDICTION  IN  ALL  MATTERS  PERTAINING TO TRIS WHICH ARE REGULATED
    6  PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLUSIVELY  IN
    7  THE STATE.
    8  S 37-0709. RULES AND REGULATIONS.
    9    THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
   10  AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   11    S 2. Section 71-3703 of the environmental conservation law, as amended
   12  by chapter 280 of the laws of 2010, is amended to read as follows:
   13  S 71-3703. Enforcement of article 37.
   14    1. Any person who violates any of the provisions of, or who  fails  to
   15  perform  any  duty  imposed by section 37-0107 or any rule or regulation
   16  promulgated pursuant hereto, shall be liable for a civil penalty not  to
   17  exceed  two thousand five hundred dollars for each such violation and an
   18  additional penalty of not more than five hundred dollars  for  each  day
   19  during  which  such  violation continues, and, in addition thereto, such
   20  person may be enjoined from continuing such violation.
   21    2. Any person who violates any of the provisions of, or who  fails  to
   22  perform  any  duty  imposed by section 37-0505 or any rule or regulation
   23  promulgated pursuant hereto, shall be liable for a civil penalty not  to
   24  exceed  one  thousand  dollars  for each day during which such violation
   25  continues, and in addition thereto, such person  may  be  enjoined  from
   26  continuing  such  violation. Such person shall for a second violation be
   27  liable to the people of the state for a civil penalty not to exceed  two
   28  thousand  five  hundred dollars for each day during which such violation
   29  continues.
   30    3. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
   31  PERFORM  ANY  DUTY  IMPOSED BY SECTION 37-0705 OR ANY RULE OR REGULATION
   32  PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT  TO
   33  EXCEED  ONE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
   34  CONTINUES, AND IN ADDITION THERETO, SUCH PERSON  MAY  BE  ENJOINED  FROM
   35  CONTINUING  SUCH  VIOLATION. SUCH PERSON SHALL FOR A SECOND VIOLATION BE
   36  LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED  TWO
   37  THOUSAND  FIVE  HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
   38  CONTINUES.
   39    S 3. This act shall take effect immediately.