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

                                  6107

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, KAVANAGH, ROSENTHAL -- Multi-Spon-
  sored by -- M. of A.  PEOPLES-STOKES -- read once and referred to  the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to regu-
  lation  of toys, and food and beverage containers containing bisphenol
  A

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

  Section  1.  Section 37-0503 of the environmental conservation law, as
added by chapter 280 of the laws of 2010, is amended to read as follows:
S 37-0503. Definitions.
  As used in this title[, "child]:
  1. "CHILD care product" means  all  pacifiers  and  unfilled  beverage
containers to be used by children under three years old for the consump-
tion  of  liquids  including pacifiers, baby bottles, baby bottle liners
and cups, cup lids, straws and sippy cups.
  2. "TOY" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY  THE  MANUFACTURER
TO BE USED FOR PLAY BY CHILDREN THREE YEARS OF AGE AND YOUNGER.
  S  2.  Section 37-0505 of the environmental conservation law, as added
by chapter 280 of the laws of 2010, is amended to read as follows:
S 37-0505. Child care products AND TOYS.
  1. Beginning December first, two thousand ten, no person, firm,  part-
nership,  association,  limited  liability  company or corporation shall
sell or offer for sale any child care product  intended  for  use  by  a
child three years of age or younger containing bisphenol A.
  2.  BEGINNING  DECEMBER  FIRST, TWO THOUSAND FIFTEEN, NO PERSON, FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY TOY CONTAINING BISPHENOL A.
  3. The provisions of this section shall  not  apply  to  the  sale  or
distribution  of  child  care  products  OR  TOYS  resold or offered for
resale, or distributed by consumers for consumer use.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07009-02-3
              

A. 6107                             2

  S 3. Sections  37-0507,  37-0509  and  37-0511  of  the  environmental
conservation  law  are renumbered sections 37-0509, 37-0511 and 37-0513,
and a new section 37-0507 is added to read as follows:
S 37-0507. FOOD AND BEVERAGE CONTAINERS.
  1.  BEGINNING  DECEMBER  FIRST, TWO THOUSAND FIFTEEN, NO PERSON, FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY LIQUID, FOOD OR BEVERAGE IN  A  CAN,  JAR  OR
OTHER  CONTAINER  CONTAINING BISPHENOL A IF THE LIQUID, FOOD OR BEVERAGE
IS DESIGNED OR INTENDED PRIMARILY  FOR  CONSUMPTION  BY  CHILDREN  THREE
YEARS OF AGE OR YOUNGER.
  2. A MANUFACTURER OF A LIQUID, FOOD OR BEVERAGE PRODUCTS AS IDENTIFIED
IN  SUBDIVISION  ONE  OF  THIS SECTION MAY APPLY TO THE DEPARTMENT FOR A
WAIVER OF THE REQUIREMENTS OF SUBDIVISION ONE  OF  THIS  SECTION  FOR  A
PERIOD  OF ONE YEAR, UPON PROOF THAT THERE ARE NO AVAILABLE ALTERNATIVES
TO BISPHENOL A IN THE MANUFACTURE OF THE CAN,  JAR  OR  OTHER  CONTAINER
THAT  IS  SUBJECT  TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
AFTER THE GRANTING OF SUCH A WAIVER TO A MANUFACTURER, IT MAY THEREAFTER
APPLY FOR ONE ADDITIONAL ONE YEAR WAIVER.
  S 4. This act shall take effect immediately.