Bill Text: NY A07752 | 2011-2012 | General Assembly | Introduced

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Bill Title: Bans the use of certain concentrations of phthalates in children's products.

Spectrum: Partisan Bill (Democrat 33-1)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A07752 Detail]

Download: New_York-2011-A07752-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7752
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 16, 2011
                                      ___________
       Introduced  by  M.  of A. SWEENEY, COLTON, JAFFEE, ORTIZ, JACOBS, GALEF,
         COOK, MAISEL, P. RIVERA, DINOWITZ, ROSENTHAL, MENG, BENEDETTO, ROBERTS
         -- Multi-Sponsored by -- M. of A. AUBRY, GLICK, GUNTHER, HOOPER, McEN-
         ENY, THIELE -- read once and referred to  the  Committee  on  Environ-
         mental Conservation
       AN  ACT  to amend the environmental conservation law, in relation to the
         manufacturing of children's toys and child care 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 4 to read as follows:
    3                                   TITLE 4
    4                     MANUFACTURE OF CHILDREN'S PRODUCTS
    5  SECTION 37-0401. DEFINITIONS.
    6          37-0403. PROHIBITION.
    7          37-0405. LEAST TOXIC ALTERNATIVES.
    8          37-0407. EXCEPTIONS.
    9  S 37-0401. DEFINITIONS.
   10    FOR  THE  PURPOSES OF THIS CHAPTER, THE FOLLOWING TERMS SHALL HAVE THE
   11  FOLLOWING MEANINGS:
   12    1. "TOY" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY  THE  MANUFACTURER
   13  TO BE USED BY CHILDREN WHEN THEY PLAY.
   14    2. "CHILD CARE ARTICLE" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE
   15  MANUFACTURER  TO  FACILITATE  SLEEP, RELAXATION, OR THE FEEDING OF CHIL-
   16  DREN, OR TO HELP CHILDREN WITH SUCKING OR TEETHING.
   17  S 37-0403. PROHIBITION.
   18    1. COMMENCING JANUARY FIRST, TWO THOUSAND TWELVE, NO PERSON OR  ENTITY
   19  SHALL MANUFACTURE, SELL, OR DISTRIBUTE IN COMMERCE ANY TOY OR CHILD CARE
   20  ARTICLE THAT CONTAINS DI-(2-ETHYLHEXYL) PHTHALATE (DEHP), DIBUTYL PHTHA-
   21  LATE (DBP), OR BENZYL BUTYL PHTHALATE (BBP), IN CONCENTRATIONS EXCEEDING
   22  0.1 PERCENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08752-01-1
       A. 7752                             2
    1    2.  COMMENCING JANUARY FIRST, TWO THOUSAND TWELVE, NO PERSON OR ENTITY
    2  SHALL MANUFACTURE, SELL, OR DISTRIBUTE IN COMMERCE ANY TOY OR CHILD CARE
    3  ARTICLE INTENDED FOR USE BY A CHILD UNDER THREE YEARS  OF  AGE  IF  THAT
    4  PRODUCT CAN BE PLACED IN THE CHILD'S MOUTH AND CONTAINS DIISONOYL PHTHA-
    5  LATE  (DINP),  DIISODECYL  PHTHALATE  (DIDP),  OR  DI-N-OCTYL  PHTHALATE
    6  (DNOP), IN CONCENTRATIONS EXCEEDING 0.1 PERCENT.
    7  S 37-0405. LEAST TOXIC ALTERNATIVES.
    8    MANUFACTURERS SHALL USE THE LEAST  TOXIC  ALTERNATIVE  WHEN  REPLACING
    9  PHTHALATES IN ACCORDANCE WITH THIS TITLE.
   10  S 37-0407. EXCEPTIONS.
   11    THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE SALE OR DISTRIB-
   12  UTION  OF  CHILD  CARE ARTICLES OR TOYS RESOLD OR OFFERED FOR RESALE, OR
   13  DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
   14    S 2. This act shall take effect immediately.