Bill Text: NY S05349 | 2019-2020 | General Assembly | Introduced

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Bill Title: Makes a chapter amendment to the regulation of toxic chemicals in children's products; defines "trace contaminant".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-02-07 - APPROVAL MEMO.101 [S05349 Detail]

Download: New_York-2019-S05349-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5349
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 26, 2019
                                       ___________
        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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.  Section 37-0901 of the environmental conservation law, as
     2  added by a chapter of the  laws  of  2019,  amending  the  environmental
     3  conservation law relating to regulation of toxic chemicals in children's
     4  products,  as  proposed  in  legislative  bills  numbers S. 501-B and A.
     5  6296-A, is amended by adding a new subdivision 11 to read as follows:
     6    11. "Trace contaminant" means a trace amount of a chemical  or  chemi-
     7  cals  that  is  incidental  to  manufacturing,  including  an unintended
     8  by-product of chemical reactions during the  manufacture  of  the  chil-
     9  dren's  product, a trace impurity in feed-stock, an incompletely reacted
    10  chemical mixture, or a degradation product.
    11    § 2. Subdivisions 1 and 2 of  section  37-0907  of  the  environmental
    12  conservation  law,  as  added by a chapter of the laws of 2019, amending
    13  the environmental conservation law relating to regulation of toxic chem-
    14  icals in children's products, as proposed in legislative  bills  numbers
    15  S. 501-B and A. 6296-A, are amended to read as follows:
    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,  formaldeh-
    19  yde  (other than in textiles), asbestos, and organohalogen flame [retar-
    20  dents] retardants.  This provision shall not apply: (a) to a  children's
    21  product  solely  based on its containing an enclosed battery or enclosed
    22  electronic components [and]; (b) where state  regulation  of  children's
    23  products is preempted by federal law; or (c) where the chemical is pres-
    24  ent  as  a  trace  contaminant. The commissioner may exempt a children's
    25  product from this prohibition if, in the  commissioner's  judgment,  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05551-10-9
        S. 5349                             2
     1  lack  of  availability of the children's product could pose an unreason-
     2  able risk to public health, safety or welfare.
     3    2.  Effective three years after being added to the dangerous chemicals
     4  list, no person shall distribute, sell, or offer for sale in this  state
     5  a  children's  product  that  contains a chemical added to the dangerous
     6  chemicals list pursuant to section 37-0903 of this title. This provision
     7  shall not apply: (a)  to  a  children's  product  solely  based  on  its
     8  containing  an enclosed battery or enclosed electronic components [and];
     9  (b) where state regulation of children's products is preempted by feder-
    10  al law; or (c) where the chemical is present  as  a  trace  contaminant.
    11  The  commissioner  may exempt a children's product from this prohibition
    12  if, in the commissioner's judgment, the  lack  of  availability  of  the
    13  children's  product  could  pose  an unreasonable risk to public health,
    14  safety or welfare.
    15    § 3. This act shall take effect on the  same  date  and  in  the  same
    16  manner  as  a  chapter  of  the laws of 2019, amending the environmental
    17  conservation law relating to regulation of toxic chemicals in children's
    18  products, as proposed in legislative  bills  numbers  S.  501-B  and  A.
    19  6296-A, takes effect.