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


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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-04 - PRINT NUMBER 3567A [S03567 Detail]

Download: New_York-2019-S03567-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3567--A

                               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
          Conservation  -- recommitted to the Committee on Environmental Conser-
          vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03471-02-0

        S. 3567--A                          2

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