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

                                  7956

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2013
                               ___________

Introduced  by M. of A. COOK, GOTTFRIED, HOOPER -- Multi-Sponsored by --
  M. of A. BOYLAND -- read once and referred to the Committee  on  Envi-
  ronmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  retail shelf labeling of  household  hazardous  products  and  related
  consumer information

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

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 4 to read as follows:
                                 TITLE IV
           HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION
SECTION 37-0401. HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION.
S 37-0401. HOUSEHOLD HAZARDOUS PRODUCTS; CONSUMER INFORMATION.
  1. TO THE EXTENT FUNDS ARE AVAILABLE, THE DEPARTMENT SHALL, IN CONSUL-
TATION WITH NEW YORK RETAILERS AND PRODUCT  MANUFACTURERS,  ESTABLISH  A
PROGRAM TO:
  A.  PROVIDE  INFORMATION  TO  RETAILERS  WITH RESPECT TO THE HAZARDOUS
PRODUCTS SPECIFIED IN SUBDIVISION  TWO  OF  THIS  SECTION  AND  ENVIRON-
MENTALLY SAFER ALTERNATIVES TO THOSE PRODUCTS;
  B.  PROVIDE  LABELS  FOR  RETAIL  USE  WITH  RESPECT  TO THE HAZARDOUS
PRODUCTS;
  C. PROVIDE PAMPHLETS FOR CONSUMERS, TO BE MADE AVAILABLE BY  RETAILERS
AT  THE  POINT  OF  SALE,  DESCRIBING  THE  TOXICITY  OF THESE HAZARDOUS
PRODUCTS, SAFER DISPOSAL METHODS, AND  ALTERNATIVE  PRODUCTS  WHICH  ARE
ENVIRONMENTALLY SAFER; AND
  D.  REQUIRE  THAT  RETAIL  ESTABLISHMENTS  DISPLAY  THESE  LABELS  AND
PAMPHLETS  ON  SHELVES,  OR  IN  THE  IMMEDIATE  VICINITY  OF  HAZARDOUS
PRODUCTS, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  2.  "HAZARDOUS  PRODUCTS" FOR THE PURPOSES OF THIS SECTION ARE DEFINED
AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01999-01-3
              

A. 7956                             2

  A. AUTOMOTIVE PRODUCTS INCLUDING MOTOR OIL, TRANSMISSION FLUID, ENGINE
LUBRICANTS AND CLEANERS, OIL, AND TRANSMISSION FLUID ADDITIVES, GASOLINE
ADDITIVES, GAS LINE FREEZE-UP PRODUCTS, ANTIFREEZE, AND WINDSHIELD WIPER
SOLUTIONS;
  B.  SHOE  POLISHES,  FLOOR WAXES, CAR WAXES, FURNITURE POLISHES, SPRAY
DUST CLEANERS, FURNITURE STAINS AND WOOD PRESERVATIVES;
  C. MINERAL SPIRITS, TURPENTINE, ALCOHOLS NOT  FOR  HUMAN  CONSUMPTION,
CRESOL, AND NAPHTHA;
  D.  PAINTS,  WHETHER  FOR  BRUSH OR SPRAY APPLICATION, AEROSOL PAINTS,
LACQUERS, AND THINNERS (EXCEPT WATER);
  E. DRAIN CLEANERS, SINK AND TOILET BOWL CLEANERS, AND OVEN CLEANERS;
  F. SPOT AND STAIN REMOVERS WITH PETROLEUM BASE;
  G. PETROLEUM BASED FERTILIZERS SOLD FOR RESIDENTIAL APPLICATION;
  H. PESTICIDES SOLD FOR RESIDENTIAL APPLICATION; AND
  I. LEAD-ACID BATTERIES, SWIMMING POOL CHEMICALS,  PHOTOGRAPHIC  CHEMI-
CALS,  MOST GLUES AND ADHESIVES, SELF-LIGHTING CHARCOAL, CHARCOAL LIGHT-
ER, BUTANE LIGHTERS, AND ALL AEROSOLS (EXCEPT PERSONAL CARE PRODUCTS).
  3. THE DEPARTMENT MAY, BY REGULATION, ADD TO OR DELETE FROM  THE  LIST
ESTABLISHED  IN  SUBDIVISION TWO OF THIS SECTION, AS DEEMED APPROPRIATE.
SIMILARLY, THE DEPARTMENT MAY DELETE FROM  THE  LIST  SPECIFIC  PRODUCTS
THAT  DO  NOT  CONTAIN A HAZARDOUS CHEMICAL IN CONCENTRATION AT OR ABOVE
ONE PERCENT. A HAZARDOUS CHEMICAL, FOR PURPOSES OF THIS  SECTION,  SHALL
BE CONSISTENT WITH HAZARDOUS CHEMICALS LISTED IN REGULATIONS PROMULGATED
IN  ACCORDANCE  WITH  TITLE  9  OF ARTICLE 27 OF THIS CHAPTER. A PRODUCT
MANUFACTURER OF ANY PRODUCT LISTED IN SUBDIVISION TWO  OF  THIS  SECTION
MAY  PETITION  THE  DEPARTMENT  FOR AN EXEMPTION IF THE PRODUCT DOES NOT
CONTAIN A HAZARDOUS CHEMICAL IN CONCENTRATION AT OR ABOVE ONE PERCENT.
  S 2. This act shall take effect one year after it shall have become  a
law, provided, however, that effective immediately, the addition, amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of the foregoing section of this act on its effective date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.