Bill Text: NY A07033 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the manufacture, distribution and sale of certain toys and child care products containing bisphenol-A or phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2019-04-03 - referred to corporations, authorities and commissions [A07033 Detail]

Download: New_York-2019-A07033-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7033
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 3, 2019
                                       ___________
        Introduced  by  M.  of  A.  PEOPLES-STOKES, GALEF, COOK, SIMON, LUPARDO,
          RICHARDSON, BLAKE, STECK -- Multi-Sponsored by -- M. of A. HYNDMAN  --
          read  once  and referred to the Committee on Corporations, Authorities
          and Commissions
        AN ACT to amend the general business law, in relation to prohibiting the
          manufacture, distribution and sale of toys and  child  care  products,
          containing bisphenol-A or phthalates, which are intended for use by or
          upon a child under the age of fourteen years
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  397-b to read as follows:
     3    § 397-b. Toys and child care products; bisphenol-A and phthalates.  1.
     4  The  legislature  hereby  finds  that bisphenol-A, an estrogen-mimicking
     5  endocrine disrupter chemical, is used in the production of epoxy  resins
     6  and  polycarbonate plastics, and is the main ingredient in hard polycar-
     7  bonate plastics. These plastics are used in many food and drink  packag-
     8  ing  applications,  and the resins are commonly used as lacquers to coat
     9  metal products such as food cans, bottle tops and  water  supply  pipes.
    10  Bisphenol-A  has  been  shown to have hormone disrupting effects, and is
    11  also used in many products intended for use by young children  including
    12  toys, pacifiers, baby bottles and teethers.
    13    The legislature also finds that phthalates are chemicals used to plas-
    14  ticize  some food containers, plastic wrap, toys, shampoos, perfumes and
    15  beauty products. Such chemicals have been shown to have hormone disrupt-
    16  ing effects.
    17    2. No person, firm, partnership, association, limited liability compa-
    18  ny or corporation shall manufacture, distribute, sell or offer for  sale
    19  any  toy  or child care product containing bisphenol-A, intended for use
    20  by a child under fourteen years of age.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04722-01-9

        A. 7033                             2
     1    3.  For   the   purposes   of   this   section,   "phthalates"   means
     2  di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl
     3  phthalate  (BBP),  diisononyl  phthalate  (DINP),  diisodecyl  phthalate
     4  (DIDP), or di-n-octyl phthalate (DnOP).
     5    4. No person, firm, partnership, association, limited liability compa-
     6  ny  or corporation shall manufacture, distribute, sell or offer for sale
     7  any toy or child care product containing  any  individual  phthalate  or
     8  multiple phthalates in concentrations in excess of 0.1 percent.
     9    5. No person, firm, partnership, association, limited liability compa-
    10  ny  or corporation shall manufacture, distribute, sell or offer for sale
    11  any toy or child care product containing  any  individual  phthalate  or
    12  multiple phthalates in concentrations in excess of 0.1 percent, intended
    13  for  use by a child under fourteen years of age when such toy or product
    14  may be placed in the child's mouth.
    15    6. Every manufacturer of a product or toy prohibited by  this  section
    16  shall use the least toxic alternative to the bisphenol-A or phthalate in
    17  the toy or product. Such alternative shall not be (i) a carcinogen rated
    18  by the United States Environmental Protection Agency as A, B or C carci-
    19  nogens, or substances listed as known or likely carcinogens, known to be
    20  human carcinogens, likely to be human carcinogens or suggestive of being
    21  human  carcinogens, as described in the "List of Chemicals Evaluated for
    22  Carcinogen Potential"; or (ii) reproductive toxicants that  cause  birth
    23  defects,  reproductive  harm  or developmental harm as identified by the
    24  United States Environmental Protection Agency.
    25    7. Any  person,  firm,  partnership,  association,  limited  liability
    26  company  or  corporation  which  violates  any provision of this section
    27  shall be liable for a civil fine of not less than ten  thousand  dollars
    28  for each day of such violation.
    29    §  2. This act shall take effect on the first of January next succeed-
    30  ing the date on which it shall have become a law.
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