Bill Text: NY A06296 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to regulation of toxic chemicals in children's products.

Spectrum: Partisan Bill (Democrat 32-0)

Status: (Passed) 2020-02-07 - APPROVAL MEMO.100 [A06296 Detail]

Download: New_York-2019-A06296-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6296
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation to regu-
          lation of toxic chemicals in 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                   TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
     5  Section 37-0901. Definitions.
     6          37-0903. Consumer notice.
     7          37-0905. Reporting on the use of chemicals.
     8          37-0907. Sales prohibition.
     9          37-0909. Applicability.
    10          37-0911. Enforcement and implementation.
    11          37-0913. Regulations.
    12  § 37-0901. Definitions.
    13    As  used  in  this  title, unless the context otherwise indicates, the
    14  following terms have the following meanings.
    15    1. "Children's apparel" means any item of clothing  that  consists  of
    16  fabric  or  related  material intended or promoted for use in children's
    17  clothing. Children's apparel does not mean protective equipment designed
    18  to prevent injury, including,  but  not  limited  to,  bicycle  helmets,
    19  athletic supporters, knee pads or elbow pads.
    20    2.  "Chemical" means a substance with a distinct molecular composition
    21  or a group of structurally related substances and includes the breakdown
    22  products of the substance or substances that form through decomposition,
    23  degradation or metabolism.
    24    3. "Chemicals of concern" means:
    25    (a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05551-05-9

        A. 6296                             2
     1    (a-1) 1,2-Dibromoethane (CAS 106-93-4)
     2    (a-2)  1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140-
     3  66-9)
     4    (a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS
     5  27193-28-8)
     6    (a-4) 1,3-Butadiene (CAS 106-99-0)
     7    (b) 1,4-Dioxane (CAS 123-91-1)
     8    (c)  2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl  ether;  BDE-209  (CAS
     9  1163-19-5)
    10    (d) 2,4-Diaminotoluene (CAS 95-80-7)
    11    (d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)
    12    (e) 2-Aminotoluene (CAS 95-53-4)
    13    (f) 2-Ethylhexanoic acid (CAS 149-57-5)
    14    (f-1)   2-Ethyl-hexyl-2,   3,   4,  5  tetrabromobenzoate  (TBB)  (CAS
    15  183658-27-7)
    16    (g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
    17    (g-1) 2-Napthylamine (CAS 91-59-8)
    18    (h) 2-Methoxyethanol (CAS 109-86-4)
    19    (i)     3,3'-Dimethylbenzidine     and     dyes     metabolized     to
    20  3,3'-Dimethylbenzidine (CAS 119-93-7)
    21    (i-1) 4-Hydroxybiphenol (CAS 92-69-3)
    22    (j)   4-Nonylphenol;  4-NP  and  its  isomer  mixtures  including  CAS
    23  84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
    24    (j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)
    25    (k)   4-Tert-octylphenol;    1,1,3,3-Tetramethyl-4-butylphenol    (CAS
    26  140-66-9)
    27    (l) Acetaldehyde (CAS 75-07-0)
    28    (m) Acrylonitrile (CAS 107-13-1)
    29    (n) Aniline (CAS 62-53-3)
    30    (o) Antimony & antimony compounds (CAS 7440-36-0)
    31    (p)  Arsenic  &  arsenic  compounds  (CAS 7440-38-2) including arsenic
    32  trioxide & dimethyl arsenic (CAS 75-60-5)
    33    (q) Asbestos (CAS 1332-21-4)
    34    (r) Benzene (CAS 71-43-2)
    35    (s) Benzene, pentachloro (CAS 608-93-5)
    36    (s-1) Benzidine and its salts (CAS 92-87-5)
    37    (t)  Benzophenone-2  (BP-2);  2,2',4,4'-tetrahydroxybenzophenone  (CAS
    38  131-55-5)
    39    (t-1) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)
    40    (t-2)    Bis(chloromethyl)    propane-1-3-diyltetrakis-(2-chloroethyl)
    41  bis(phosphate)(V6)(CAS 38051-10-4)
    42    (u) Bisphenol A (CAS 80-05-7)
    43    (u-1) Bisphenol F (CAS 620-92-8)
    44    (u-2) Bisphenol S (CAS 80-09-1)
    45    (v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
    46    (w) Butyl paraben (CAS 94-28-6)
    47    (x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
    48    (y) C.I. solvent yellow 14 (CAS 842-07-9)
    49    (z) Cadmium & cadmium compounds (CAS 7440-43-9)
    50    (aa) Carbon disulfide (CAS 75-15-0)
    51    (aa-1) Chlorinated paraffins (CAS 108171-26-2)
    52    (bb) Cobalt & cobalt compounds (CAS 7440-48-4)
    53    (bb-1) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)
    54    (bb-2) Decabromodiphenyl ether (CAS 163-19-5)
    55    (cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)
    56    (cc-1) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)

        A. 6296                             3
     1    (dd) Dibutyl phthalate (CAS 84-74-2)
     2    (dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
     3    (ee) Diethyl phthalate (CAS 84-66-2)
     4    (ee-1) Diisobutyl phthalate (DIBP) (CAS 84-69-5)
     5    (ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)
     6    (gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)
     7    (hh) Di-n-hexyl phthalate (CAS 84-75-3)
     8    (ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
     9    (ii-1) Dipentyl phthalate (DPP) (CAS 131-18-0)
    10    (ii-2) Epichlorohydrin (CAS 106-98-9)
    11    (jj) Estragole (CAS 140-67-0)
    12    (kk) Ethyl paraben (CAS 120-47-8)
    13    (ll) Ethylbenzene (CAS 100-41-4)
    14    (mm) Ethylene glycol (CAS 107-21-1)
    15    (nn) Ethylene glycol monoethyl ester (CAS 110-80-5)
    16    (nn-1) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)
    17    (oo) Formaldehyde (CAS 50-0-0)
    18    (pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
    19    (qq) Hexachlorobenzene (CAS 118-74-1)
    20    (rr) Hexachlorobutadiene (CAS 87-68-3)
    21    (rr-1) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)
    22    (ss) Lead & lead compounds (CAS 7439-92-1)
    23    (tt)  Mercury  &  mercury  compounds  (CAS 7439-97-6) including methyl
    24  mercury (CAS 22967-92-6)
    25    (uu) Methyl ethyl ketone (CAS 78-93-3)
    26    (vv) Methyl paraben (CAS 99-76-3)
    27    (ww) Methylene chloride (CAS 75-09-2)
    28    (ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)
    29    (xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)
    30    (xx-1) Mono-n-butylphthalate (CAS 131-70-4)
    31    (yy) N-methylpyrrolidone (CAS 872-50-4)
    32    (yy-1) Nickel and nickel compounds (CAS N/A)
    33    (zz) N-nitrosodimethylamine (CAS 62-75-9)
    34    (aaa) N-nitrosodiphenylamine (CAS 86-30-6)
    35    (bbb) Nonylphenol (CAS 25154-52-3)
    36    (ccc) Para-chloroaniline (CAS 106-47-3)
    37    (ddd) Perchloroethylene (CAS 127-18-4)
    38    (ddd-1)  Perflurooctanoic  acid  (PFOA  &  related  substances)   (CAS
    39  335-67-1)
    40    (eee)  Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763-
    41  23-1)
    42    (fff) Phenol (CAS 108-95-2)
    43    (ggg) Phenol, 4-octyl- (CAS 1806-26-4)
    44    (hhh) P-hydroxybenzoic acid (CAS 99-96-7)
    45    (iii) Propyl paraben (CAS 94-13-3)
    46    (iii-1) Short chain chlorinated paraffins (SCCP) (CAS 85535-84-8)
    47    (jjj) Silica, crystalline (in the form of quartz or cristabolite dust)
    48  (CAS 14808-60-7)
    49    (kkk) Styrene (CAS 100-42-5)
    50    (lll) Tetrabromobisphenol A (CAS 79-94-7)
    51    (lll-1) Tetrachloroethene (CAS 127-18-4)
    52    (mmm) Toluene (CAS 108-88-3)
    53    (mmm-1) Tricresyl phosphate (TCP) (CAS 1330-78-5)
    54    (mmm-2) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
    55    (mmm-3) Triphenyl phosphate (TPP) (CAS 115-86-6)
    56    (nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)

        A. 6296                             4
     1    (nnn-1) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)
     2    (ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
     3    (ooo-1) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
     4    (ppp) Vinyl chloride (CAS 75-01-4)
     5    4. "Children" means a person or persons aged twelve and under.
     6    5.  "Children's  product" means a product primarily intended for, made
     7  for or marketed for use by children, such as baby  products,  toys,  car
     8  seats,  school  supplies,  personal care products, a product designed or
     9  intended by the manufacturer to help a child with sucking  or  teething,
    10  to  facilitate  sleep,  relaxation, or the feeding of a child, and chil-
    11  dren's novelty products, children's jewelry, children's bedding,  furni-
    12  ture,  furnishings,  and apparel.  "Children's product" does not include
    13  (a) batteries; or (b) consumer electronic  products  including  but  not
    14  limited  to  personal computers, audio and video equipment, calculators,
    15  wireless phones, game consoles, and  handheld  devices  incorporating  a
    16  video  screen,  used to access interactive software and their associated
    17  peripherals; or (c) a food or beverage or  an  additive  to  a  food  or
    18  beverage  regulated  by  the United States Food and Drug Administration.
    19  "Children's product" also does not include a drug, biologic  or  medical
    20  device regulated by the United States Food and Drug Administration.
    21    6.  "Distributor"  means  a  person  who  sells children's products to
    22  retail establishments on a wholesale basis.
    23    7. "Manufacturer" means any person who currently manufactures a  chil-
    24  dren's product or whose brand name is affixed to the children's product.
    25  In  the  case  of a children's product that was imported into the United
    26  States, "manufacturer" includes the importer or first domestic distribu-
    27  tor of the children's product if the person who  currently  manufactures
    28  or  assembles  the  children's product or whose brand name is affixed to
    29  the children's product does not have a presence in the United States.
    30    8. "Practical quantification limit" means the lowest level that can be
    31  reliably achieved within specified  limits  of  precision  and  accuracy
    32  during routine laboratory operating conditions.
    33    9. "Dangerous chemical" means (a) the following chemicals:
    34    CASRN13674-87-8   Tris (1, 3 dichloro-2-propyl) phosphate
    35    CASRN71-43-2      Benzene
    36    CASRN7439-92-1    lead and compounds (inorganic)
    37    CASRN7439-97-6    Mercury and mercury compounds, including methyl
    38                      mercury (CASRN 22967-92-6)
    39    CASRN50-00-0      Formaldehyde
    40    CASRN1332-21-4    Asbestos
    41    CASRN7440-38-2    Arsenic and arsenic compounds including arsenic
    42                      trioxide (CASRN 1327-53-3)
    43                      and dimethyl arsenic (CASRN 75-60-5)
    44    CASRN7440-43-9    Cadmium
    45    CASRN Assorted    Organohalogen flame retardants
    46    (b)  a  chemical adopted by the department pursuant to section 37-0903
    47  of this title.
    48    10. "Toy" means a product designed or intended by the manufacturer  to
    49  be used by children at play.
    50  § 37-0903. Consumer notice.
    51    1.  Publishing  of lists. Within one hundred eighty days of the effec-
    52  tive date of this title, the department shall post  lists  of  dangerous
    53  chemicals and chemicals of concern on the department's website.
    54    2.  Periodic  review.  (a)  The  department,  in consultation with the
    55  department of health, shall periodically review the  list  of  dangerous

        A. 6296                             5
     1  chemicals and, may through regulation, add or remove dangerous chemicals
     2  or chemicals of concern from such lists.
     3    (b) The department, in consultation with the department of health, may
     4  identify  a chemical as a dangerous chemical if, upon such review, it is
     5  present in a children's product and meets any of the following criteria:
     6    (i) The chemical or its metabolites have been found  through  biomoni-
     7  toring to be present in humans;
     8    (ii)  The  chemical has been found through sampling and analysis to be
     9  present in household dust, indoor air, drinking water  or  elsewhere  in
    10  the home environment;
    11    (iii)  The chemical has been found through monitoring to be present in
    12  fish, wildlife or the natural environment; or
    13    (iv) The sale or use of the chemical or a children's product  contain-
    14  ing  the  chemical has been banned in another state or states within the
    15  United States because of the health effects of such chemical.
    16    (c) The department, in consultation with the department of health, may
    17  remove a chemical from the list of dangerous chemicals if, upon  review,
    18  it  determines  on  the  basis of credible scientific evidence that such
    19  chemical no longer meets the criteria for listing under paragraph (b) of
    20  this subdivision.
    21    (d) The department, in consultation  with  the  department  of  health
    22  shall  identify  a chemical as a chemical of concern if, upon review, it
    23  determines that the chemical has been identified by a state, federal  or
    24  international  governmental  entity  on the basis of credible scientific
    25  evidence as:
    26    (i) A carcinogen, reproductive or developmental  toxicant,  neurotoxi-
    27  cant, asthmagen, or endocrine disruptor;
    28    (ii) Persistent, bioaccumulative and toxic; or
    29    (iii) Very persistent and very bioaccumulative.
    30  § 37-0905. Reporting on the use of chemicals.
    31    1.  Reporting  of  chemical  use.  No later than twelve months after a
    32  dangerous chemical appears on the list  published  pursuant  to  section
    33  37-0903  of this title, every manufacturer who offers a children's prod-
    34  uct for sale or distribution in this state  that  contains  a  dangerous
    35  chemical  or chemical of concern shall report such chemical use at prac-
    36  tical quantification limits to the department.
    37    (a) This report must at a minimum identify the children's product, the
    38  dangerous chemical or chemicals of concern contained in  the  children's
    39  product  and the intended purpose of such chemicals.  The department may
    40  also require reporting of the following information:
    41    (i) the amount of such chemical in the children's product; or
    42    (ii) information on the likelihood that the chemical will be  released
    43  from the children's product to the environment during the product's life
    44  cycle  and  the  extent  to  which users of the product are likely to be
    45  exposed to the chemical.
    46    (b) The department is authorized to direct submission of  such  report
    47  to the interstate chemicals clearinghouse.
    48    2.  Waiver  of  reporting.  Upon  application  by  a manufacturer, the
    49  commissioner may waive all or part of the reporting  requirements  under
    50  subdivision  one  of  this  section  for one or more specified uses of a
    51  dangerous chemical. In making such determination, the  commissioner  may
    52  consider: (a) if substantially equivalent information is already public-
    53  ly  available  or that the information is not needed for the purposes of
    54  this chapter, (b) similar waivers  granted  by  other  states,  and  (c)
    55  whether the specified use or uses are minor in volume.

        A. 6296                             6
     1    3.  Notice.  (a)  A  manufacturer of a children's product containing a
     2  dangerous chemical shall notify persons that offer the children's  prod-
     3  uct  for  sale or distribution in the state, in a form prescribed by the
     4  department, of the presence of such dangerous chemical, and provide such
     5  persons with information regarding the toxicity of such chemical.
     6    (b)  The  department  shall notify consumers about children's products
     7  containing chemicals of concern and dangerous chemicals.  The  notifica-
     8  tion shall be published on the department's website.
     9    4.  Fees. The manufacturer shall pay a fee upon submission of a report
    10  of chemical use pursuant to subdivision one of this section or a  waiver
    11  request pursuant to subdivision two of this section to cover the depart-
    12  ment's  reasonable  costs  in the administration and enforcement of this
    13  title. Exclusive of fines and penalties, the state  shall  only  recover
    14  its actual cost of administration and enforcement.
    15  § 37-0907. Sales prohibition.
    16    1. Effective January first, two thousand twenty-three, no person shall
    17  distribute,  sell  or  offer for sale in this state a children's product
    18  containing tris (1, 3 dichloro-2-propyl) phosphate,  benzene,  lead  and
    19  compounds  (inorganic),  mercury  and mercury compounds including methyl
    20  mercury, formaldehyde, asbestos, arsenic and arsenic compounds including
    21  arsenic trioxide and dimethyl arsenic, organohalogen  flame  retardents,
    22  and  cadmium.    This  provision shall not apply to a children's product
    23  solely based on its containing an enclosed battery or enclosed electron-
    24  ic components.  The commissioner may exempt a  children's  product  from
    25  this  prohibition if, in the commissioner's judgment, the lack of avail-
    26  ability of the children's product could pose  an  unreasonable  risk  to
    27  public health, safety or welfare.
    28    2.  Effective three years after being added to the dangerous chemicals
    29  list, no person shall distribute, sell, or offer for sale in this  state
    30  a  children's  product  that  contains a chemical added to the dangerous
    31  chemicals list pursuant to section 37-0903 of this title. This provision
    32  shall not apply to a children's product solely based on  its  containing
    33  an enclosed battery or enclosed electronic components.  The commissioner
    34  may exempt a children's product from this prohibition if, in the commis-
    35  sioner's  judgment,  the  lack of availability of the children's product
    36  could pose an unreasonable risk to public health, safety or welfare.
    37  § 37-0909. Applicability.
    38    1. New children's products. The provisions of this title  shall  apply
    39  to  chemicals in children's products sold or distributed as new and does
    40  not apply to used children's products that are sold or  distributed  for
    41  free  at  secondhand  stores,  yard sales, on the internet or donated to
    42  charities.
    43    2. Industry. The requirements of this title shall not apply to priori-
    44  ty chemicals used in or for industry or manufacturing, including  chemi-
    45  cals  processed  or otherwise used in or for industrial or manufacturing
    46  processes and not included in the final product.
    47    3. Transportation. The requirements of this title shall not  apply  to
    48  motor  vehicles  or their component parts, watercraft or their component
    49  parts, all terrain vehicles or their  component  parts,  or  off-highway
    50  motorcycles  or  their component parts, except that the use of dangerous
    51  chemicals in detachable car seats is not exempt.
    52    4. Combustion. The requirements of  this  title  shall  not  apply  to
    53  dangerous  chemicals  generated solely as combustion by-products or that
    54  are present in combustible fuels.

        A. 6296                             7
     1    5. Exceptions. The requirements of this title shall not apply to chil-
     2  dren's product makers that employ five persons or fewer, and  are  inde-
     3  pendently owned and operated.
     4    6. Retailers. A retailer is exempt from the requirements of this title
     5  unless  that  retailer knowingly sells a children's product containing a
     6  dangerous chemical after the effective date of its prohibition for which
     7  that retailer has received notification pursuant to subdivision three of
     8  section 37-0905 of this title.
     9  § 37-0911. Enforcement and implementation.
    10    1. Failure to  provide  notice.  A  children's  product  containing  a
    11  dangerous  chemical may not be sold, offered for sale or distributed for
    12  sale in this state unless the manufacturer has provided the notification
    13  required under section 37-0905 of this title by  the  date  required  in
    14  such section. The commissioner may exempt a children's product from this
    15  prohibition if, in the commissioner's judgment, the lack of availability
    16  of  the  children's  product  could  pose an unreasonable risk to public
    17  health, safety or welfare.
    18    2. Statement of compliance. If there are grounds  to  suspect  that  a
    19  children's product is being offered for sale in violation of this title,
    20  the department may request the manufacturer of the children's product to
    21  provide  a statement of compliance on a form provided by the department,
    22  within ten days of receipt of a request from the department. The  state-
    23  ment of compliance shall:
    24    (a)  attest that the children's product does not contain the dangerous
    25  chemical; or
    26    (b) attest and provide the department with documentation that  notifi-
    27  cation  of  the  presence of the dangerous chemical has been provided to
    28  the department or provide notice as required by section 37-0905 of  this
    29  title; or
    30    (c)  attest  that  the  manufacturer has notified persons who sell the
    31  product in this state that the sale of the children's product is prohib-
    32  ited.
    33  § 37-0913. Regulations.
    34    The department may adopt any rules and regulations it deems  necessary
    35  to implement the provisions of this title.
    36    §  2. This act shall take effect March 1, 2020. Effective immediately,
    37  the department of environmental conservation is authorized to  implement
    38  rules  and  regulations for the timely implementation of this act on its
    39  effective date.
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