S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   372

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to prohibiting the
  manufacture, distribution and sale of toys  and  child  care  products
  containing phthalates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The  legislature  hereby  finds  that
phthalates  are  a  class  of chemicals used in polyvinyl chloride (PVC)
plastic to improve flexibility and in cosmetics to bind fragrance to the
product. Phthalates are used in  many products intended for use by young
children including, but not limited to, teethers, toys and soft  plastic
books.
  It  is  further  found  that  there is extensive scientific literature
reporting the hormone disrupting effect of phthalates,  and  substantial
evidence that levels of the phthalates of concern are found in humans at
levels  associated  with  adverse  effects. Population studies show that
virtually everyone carries some level of phthalates in their  body.  For
the general population, the oral route of exposure is considered a major
route.
  S 2. The general business law is amended by adding a new section 397-b
to read as follows:
  S 397-B. TOYS AND CHILD CARE PRODUCTS; PHTHALATES. 1. FOR THE PURPOSES
OF THIS SECTION:
  (A)  "CHILD  CARE  ARTICLE" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY
THE MANUFACTURER TO FACILITATE SLEEP, RELAXATION OR THE FEEDING OF CHIL-
DREN, OR TO HELP CHILDREN WITH SUCKING OR TEETHING;
  (B) "TOY" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE  MANUFACTURER
TO BE USED BY CHILDREN WHEN THEY PLAY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03669-01-9
              

S. 372                              2

  2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
ANY TOY OR CHILD CARE PRODUCT CONTAINING DI(2-ETHYLEXYL)PHTHALATE, DIBU-
TYL PHTHALATE OR BUTYL BENZYL PHTHALATE IN CONCENTRATIONS IN  EXCESS  OF
0.1 PERCENT.
  3. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
ANY TOY OR CHILD CARE PRODUCT CONTAINING DI-ISONONYL PHTHALATE,  DI-ISO-
DECYL  PHTHALATE  OR DI-N-OCTYL PHTHALATE IN CONCENTRATIONS IN EXCESS OF
0.1 PERCENT, INTENDED FOR USE BY A CHILD UNDER THREE YEARS OF  AGE  WHEN
SUCH TOY OR PRODUCT MAY BE PLACED IN THE CHILD'S MOUTH.
  4.  EVERY  MANUFACTURER OF A PRODUCT OR TOY PROHIBITED BY THIS SECTION
SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A OR PHTHALATE IN
THE TOY OR PRODUCT. SUCH ALTERNATIVE SHALL NOT BE (I) A CARCINOGEN RATED
BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A, B OR C CARCI-
NOGENS, OR SUBSTANCES LISTED AS KNOWN OR LIKELY CARCINOGENS, KNOWN TO BE
HUMAN CARCINOGENS, LIKELY TO BE HUMAN CARCINOGENS OR SUGGESTIVE OF BEING
HUMAN CARCINOGENS, AS DESCRIBED IN THE "LIST OF CHEMICALS EVALUATED  FOR
CARCINOGEN  POTENTIAL";  OR (II) REPRODUCTIVE TOXICANTS THAT CAUSE BIRTH
DEFECTS, REPRODUCTIVE HARM OR DEVELOPMENTAL HARM AS  IDENTIFIED  BY  THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
  5.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
COMPANY OR CORPORATION WHICH VIOLATES  ANY  PROVISION  OF  THIS  SECTION
SHALL  BE  LIABLE FOR A CIVIL FINE OF NOT LESS THAN TEN THOUSAND DOLLARS
FOR EACH DAY OF SUCH VIOLATION.
  S 3. This act shall take effect January 1, 2010.