NY State Senate Bill 2015-S4102A

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Jun 15, 2015	print number 4102a
Jun 15, 2015	amend (t) and recommit to environmental conservation
Feb 27, 2015	referred to environmental conservation

Bill Amendments

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2015-S4102 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: General Business Law
Laws Affected:: Add Art 28-F §§495-a - 495-i, Gen Bus L

2015-S4102 - Summary

Protects consumers from toxic chemicals in children's products; defines terms; establishes a list of priority chemicals and chemicals of high concern to children, disclosure of information; makes related changes.

2015-S4102 - Sponsor Memo

                                BILL NUMBER:S4102

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
regulation of toxic chemicals in children's products

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to provide greater regulation of
children's products.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of Article 37 of the environmental conservation law is
amended by adding a new title 9, relating to toxic chemicals in
children's products.

Section 37-0901. Definitions.

"Children's product" means a product primarily intended for, made for
or marketed for use by children, such as baby products, toys, car
seats, school supplies, personal care products, a product designed or
intended by the manufacturer to help a child with sucking or teething,
to facilitate sleep, relaxation, or the feeding of a child, and
children's novelty products, children's jewelry, children's bedding,

furniture, furnishings, and apparel. "Children's product" does not
include (a) batteries; or (b) consumer electronic products including
but not limited to personal computers, audio and video equipment,
calculators, wireless phones, game consoles, and handheld devices
incorporating a video screen, used to access interactive software and
their associated peripherals; or (c) a food or beverage or an additive
to a food or beverage regulated by the united states food and drug
administration; or (d) a tobacco product or paper or forest product;
or (e) a pesticide regulated by the united states environmental
protection agency.  "children's product" also does not include a drug,
biologic or medical device regulated by the united states food and
drug administration.

"Intentionally added" means the deliberate use in the formulation of a
product or subpart where its continued presence is desired in the
final product or subpart to provide a specific characteristic,
appearance or quality.

"Product category" means the "brick" level of the GSl global product
classifications (GPC) standard, which identifies products that serve a
common purpose, are of a similar form and material, and share the same
set of category attributes.

Section 37-0903. Priority chemicals and chemicals of high concern.

1. Requires the department to post lists of priority chemicals and
chemicals of high concern on the department's website within 180 days
of the effective date. 2. Periodic review. (a) The department, in
consultation with the department of health, may periodically review
the list of priority chemicals and, through regulation, add or remove
priority chemicals or chemicals of high concern from such lists. Such


review will not take place more frequently than every three years, and
not more than ten chemicals may be added per review period.

(b) The department, in consultation with the department of health, may
identify a chemical as a priority chemical if, upon such review it
determines that a chemical of high concern is present in a children's
product and meets any of the following criteria:

(i) The chemical or its metabolites have been found through
biomonitoring to be present in humans;

(ii) The chemical has been found through sampling and analysis to be
present in household dust, indoor air, drinking water or elsewhere in
the home environment;

(iii) The chemical has been found through monitoring to be present in
fish, wildlife or the natural environment; or

(iv) The sale or use of the chemical or a children's product
containing the chemical has been banned in another state or states
within the United States because of the health effects of such
chemical.

(c) The department, in consultation with the department of health, may
remove a chemical from the list of priority chemicals if, upon review,
it determines on the basis of credible scientific evidence that such
chemical no longer meets the criteria for listing under section
37-0903(2)(b) of this title

(d) The department, in consultation with the department of health
shall identify a chemical as a chemical of high concern if, upon
review, it determines that the chemical has been identified by a
state, federal or international governmental entity on the basis of
credible scientific evidence as:

(i) a carcinogen, reproductive or developmental toxicant,
neurotoxicant, asthmagen, or endocrine disruptor;

(ii) persistent, bioaccumulative and toxic; or

(iii) very persistent and very bioaccumulative.

Section 37-0905. Disclosure of information on priority chemicals,. 1.
Reporting of chemical use. No later than twelve months after a
priority chemical appears on the list published pursuant to section
37-0903 of this title, every manufacturer who offers a children's
product for sale or distribution in this state that contains a
priority chemical shall report such chemical use to the department.The
department may collaborate with other states and an interstate
chemicals clearinghouse in developing such form. 2. Lists conditions
for waiver of reporting. 3. Notice to retailers. Requires
manufacturers to give notice to retailers that offer the children's
product for sale or distribution in the state. 4. Fees. The
manufacturer shall pay a fee upon submission of a report of chemical
use pursuant to subdivision one of this section or a waiver request
pursuant to subdivision two of this section to cover the department's


reasonable costs in the amount of five hundred dollars per reported
product category.

37-0907. Sales prohibition. 1) Effective January 1, 2018, no person
shall distribute, sell or offer for sale in this state a children's
product containing tris (1, 3 dichloro-2-propyl) phosphate, benzene,
lead and compounds (inorganic), mercury and mercury compounds
including methyl mercury, antimony and antimony compounds,
formaldehyde, asbestos, arsenic and arsenic compounds including
arsenic trioxide and dimethyl arsenic, cadmium, and cobalt and cobalt
compounds. This provision shall not apply to a children's product
solely based on its containing an enclosed battery or enclosed
electronic components. The commissioner may exempt a children's
product from this prohibition if, in the commissioner's judgment, the
lack of availability of the children's product could pose an
unreasonable risk to public health, safety or welfare. 2) Effective
four years after being added to the priority chemicals list, no person
shall distribute, sell, or offer for sale in this state a children's
product that contains a chemical added to the priority chemicals list
pursuant to section 37-0903.

37-0909. Applicability.

1. Applies regulations to used children's products that are sold or
distributed as new and does not apply to used children's products that
are sold or distributed for free at secondhand stores, yard sales, on
the Internet or donated to charities. 2. Industry.  Regulations shall
not apply to priority chemicals used in or for industry or
manufacturing, including chemicals processed or otherwise used in or
for industrial or manufacturing processes and not included in the
final product. 3. Regulations shall not apply to motor vehicle or
their component parts (except car seats), watercraft, all terrain
vehicles, or off highway motorcycles. 4. Regulations shall not apply
to priority chemicals generated solely as combustion byproducts or
that are present in combustible fuels. 5. Exemptions for manufacturing
businesses that employ five or fewer employees, are resident in the
state, and are independently owned and operated. 6.  Retailers. A
retailer is exempt from this title unless that retailer knowingly
sells a children's product containing a priority chemical after the
effective date of its prohibition for which that retailer has received
notification.

37-0911. Enforcement and implementation.

1. A children's product containing a priority chemical may not be
sold, offered for sale or distributed for sale in this state unless
the manufacturer has provided the notification required under section
37-0905. 2. The department may request the manufacturer of the
children's product to provide a statement of compliance on a form
provided by the department, within 10 days of receipt of the request
from the department.

37-0913. Interstate chemical clearinghouse.

1. The department is authorized to participate in an interstate
chemical clearinghouse and shall work in collaboration with other
states.


37-0915. Regulations. The department may adopt any rules and
regulations it deems necessary to implement the provisions of this
title.

Section 2. Effective Date - 120 days after it shall have become a law.

JUSTIFICATION:

Currently, New York identifies or prohibits the use of dangerous
chemicals on a chemical by chemical basis. This approach is especially
problematic for children's products since children are often more
vulnerable to smaller amounts of chemicals, and equally-toxic, less
well-regulated chemicals can be chosen as replacements. Several other
states, including Washington, California, Vermont and Maine have
adopted more comprehensive chemical policies.  This legislation is
modeled after those states and is intended to prevent the use of
dangerous chemicals and ensure the use of safer chemical alternatives
in children's products.

PRIOR LEGISLATIVE HISTORY:

This bill has changed from previous versions S.4614A of 2014 Reported
to Finance, A. 6328 of 2014 - Passed Assembly A. 6328 of 2013 - Passed
Assembly A. 3141-A of 2012 - Passed Assembly A.10089-B of 2010 -
Reported to Ways and Means

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal implications to the state as the interstate chemical clearing
house is already state funded, and the small fee covers implementation
costs.

EFFECTIVE DATE:

This act shall take effect on the 120th day after it shall have become
a law.

2015-S4102 - Bill Text download pdf

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

                                  4102

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sens.  BOYLE,  KLEIN,  ADDABBO, AVELLA, BRESLIN, GOLDEN,
  HASSELL-THOMPSON, HOYLMAN, KRUEGER, LANZA, LAVALLE, MARTINS,  PERALTA,
  RITCHIE, SANDERS, SAVINO, YOUNG -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

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:

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 9 to read as follows:
                                TITLE IX
                 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0901. DEFINITIONS.
        37-0903. PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN.
        37-0905. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
        37-0907. SALES PROHIBITION.
        37-0909. APPLICABILITY.
        37-0911. ENFORCEMENT AND IMPLEMENTATION.
        37-0913. INTERSTATE CHEMICAL CLEARINGHOUSE.
        37-0915. REGULATIONS.
S 37-0901. DEFINITIONS.
  AS USED IN THIS TITLE, UNLESS THE  CONTEXT  OTHERWISE  INDICATES,  THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
  1.  "CHILDREN'S  APPAREL"  MEANS ANY ITEM OF CLOTHING THAT CONSISTS OF
FABRIC OR RELATED MATERIAL INTENDED OR PROMOTED FOR  USE  IN  CHILDREN'S
CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
TO  PREVENT  INJURY,  INCLUDING,  BUT  NOT  LIMITED TO, BICYCLE HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
  2. "CHEMICAL" MEANS A SUBSTANCE WITH A DISTINCT MOLECULAR  COMPOSITION
OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE BREAKDOWN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09354-02-5

S. 4102                             2

PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
DEGRADATION OR METABOLISM.
  3.  "CHEMICALS  OF  HIGH CONCERN" MEANS: (A) CHEMICALS INCLUDED IN THE
LIST OF "CHEMICALS OF HIGH CONCERN" PUBLISHED  IN  TWO  THOUSAND  ELEVEN
PURSUANT  TO SECTION SIXTEEN HUNDRED NINETY-THREE-A OF CHAPTER SIXTEEN-D
OF TITLE 38 OF THE MAINE REVISED STATUTES ANNOTATED; OR (B)  A  CHEMICAL
ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0903 OF THIS TITLE.
  4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
  5.  "CHILDREN'S  PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR, MADE
FOR OR MARKETED FOR USE BY CHILDREN, SUCH AS BABY  PRODUCTS,  TOYS,  CAR
SEATS,  SCHOOL  SUPPLIES,  PERSONAL CARE PRODUCTS, A PRODUCT DESIGNED OR
INTENDED BY THE MANUFACTURER TO HELP A CHILD WITH SUCKING  OR  TEETHING,
TO  FACILITATE  SLEEP,  RELAXATION, OR THE FEEDING OF A CHILD, AND CHIL-
DREN'S NOVELTY PRODUCTS, CHILDREN'S JEWELRY, CHILDREN'S BEDDING,  FURNI-
TURE,  FURNISHINGS,  AND APPAREL.  "CHILDREN'S PRODUCT" DOES NOT INCLUDE
(A) BATTERIES; OR (B) CONSUMER ELECTRONIC  PRODUCTS  INCLUDING  BUT  NOT
LIMITED  TO  PERSONAL COMPUTERS, AUDIO AND VIDEO EQUIPMENT, CALCULATORS,
WIRELESS PHONES, GAME CONSOLES, AND  HANDHELD  DEVICES  INCORPORATING  A
VIDEO  SCREEN,  USED TO ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED
PERIPHERALS; OR (C) A FOOD OR BEVERAGE OR  AN  ADDITIVE  TO  A  FOOD  OR
BEVERAGE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION; OR
(D)  A  TOBACCO  PRODUCT  OR PAPER OR FOREST PRODUCT; OR (E) A PESTICIDE
REGULATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.   "CHIL-
DREN'S PRODUCT" ALSO DOES NOT INCLUDE A DRUG, BIOLOGIC OR MEDICAL DEVICE
REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
  6.  "CONTAMINANT" MEANS TRACE AMOUNTS OF CHEMICALS THAT ARE INCIDENTAL
TO THE MANUFACTURING THAT SERVE NO  INTENDED  FUNCTION  IN  THE  PRODUCT
COMPONENT,  INCLUDING,  BUT  NOT  LIMITED  TO, UNINTENDED BY-PRODUCTS OF
CHEMICAL REACTIONS DURING THE  MANUFACTURE  OF  THE  PRODUCT  COMPONENT,
TRACE  IMPURITIES  IN FEED-STOCK, INCOMPLETELY REACTED CHEMICAL MIXTURES
AND DEGRADATION PRODUCTS.
  7. "DISTRIBUTOR" MEANS A  PERSON  WHO  SELLS  CHILDREN'S  PRODUCTS  TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
  8.  "INTENTIONALLY  ADDED" MEANS THE DELIBERATE USE IN THE FORMULATION
OF A PRODUCT OR SUBPART WHERE ITS CONTINUED PRESENCE IS DESIRED  IN  THE
FINAL  PRODUCT  OR SUBPART TO PROVIDE A SPECIFIC CHARACTERISTIC, APPEAR-
ANCE OR QUALITY.
  9. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A  CHIL-
DREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE CHILDREN'S PRODUCT.
IN  THE  CASE  OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE UNITED
STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR FIRST DOMESTIC DISTRIBU-
TOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO  CURRENTLY  MANUFACTURES
OR  ASSEMBLES  THE  CHILDREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO
THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
  10. "PRACTICAL QUANTIFICATION LIMIT" MEANS THE LOWEST LEVEL  THAT  CAN
BE  RELIABLE  ACHIEVED WITHIN SPECIFIED LIMITS OF PRECISION AND ACCURACY
DURING ROUTINE LABORATORY OPERATING CONDITIONS.
  11.  "PRODUCT CATEGORY" MEANS THE "BRICK"  LEVEL  OF  THE  GS1  GLOBAL
PRODUCT  CLASSIFICATION  (GPC)  STANDARD, WHICH IDENTIFIES PRODUCTS THAT
SERVE A COMMON PURPOSE, ARE OF A SIMILAR FORM AND  MATERIAL,  AND  SHARE
THE SAME SET OF CATEGORY ATTRIBUTES.
  12. "PRIORITY CHEMICAL" MEANS (A) THE FOLLOWING CHEMICALS:
  CASRN13674-87-8   TRIS (1, 3 DICHLORO-2-PROPYL) PHOSPHATE
  CASRN71-43-2      BENZENE
  CASRN7439-92-1    LEAD AND COMPOUNDS (INORGANIC)
  CASRN7439-97-6    MERCURY AND MERCURY COMPOUNDS, INCLUDING METHYL

S. 4102                             3

                    MERCURY (CASRN 22967-92-6)
  CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS
  CASRN50-00-0      FORMALDEHYDE
  CASRN1332-21-4    ASBESTOS
  CASRN7440-38-2    ARSENIC AND ARSENIC COMPOUNDS INCLUDING ARSENIC
                    TRIOXIDE (CASRN 1327-53-3)
                    AND DIMETHYL ARSENIC (CASRN 75-60-5)
  CASRN7440-43-9    CADMIUM
  CASRN7440-48-4    COBALT AND COBALT COMPOUNDS AND
  (B)  A  CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0903
OF THIS TITLE.
  13. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER  TO
BE USED BY CHILDREN AT PLAY.
S 37-0903. PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN.
  1.  PUBLISHING  OF LISTS. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
TIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL  POST  LISTS  OF  PRIORITY
CHEMICALS AND CHEMICALS OF HIGH CONCERN ON THE DEPARTMENT'S WEBSITE.
  2.  PERIODIC  REVIEW.  (A)  THE  DEPARTMENT,  IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, MAY PERIODICALLY REVIEW THE LIST OF PRIORITY CHEM-
ICALS AND, THROUGH REGULATION, ADD OR REMOVE PRIORITY CHEMICALS OR CHEM-
ICALS OF HIGH CONCERN FROM SUCH LISTS.  SUCH REVIEW WILL NOT TAKE  PLACE
MORE  FREQUENTLY THAN EVERY THREE YEARS, AND NOT MORE THAN TEN CHEMICALS
MAY BE ADDED PER REVIEW PERIOD.
  (B) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
IDENTIFY A CHEMICAL AS A PRIORITY CHEMICAL  IF,  UPON  SUCH  REVIEW,  IT
DETERMINES  THAT  A  CHEMICAL OF HIGH CONCERN IS PRESENT IN A CHILDREN'S
PRODUCT AND MEETS ANY OF THE FOLLOWING CRITERIA:
  (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND  THROUGH  BIOMONI-
TORING TO BE PRESENT IN HUMANS;
  (II)  THE  CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS TO BE
PRESENT IN HOUSEHOLD DUST, INDOOR AIR, DRINKING WATER  OR  ELSEWHERE  IN
THE HOME ENVIRONMENT;
  (III)  THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT IN
FISH, WILDLIFE OR THE NATURAL ENVIRONMENT; OR
  (IV) THE SALE OR USE OF THE CHEMICAL OR A CHILDREN'S PRODUCT  CONTAIN-
ING  THE  CHEMICAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE
UNITED STATES BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
  (C) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
REMOVE A CHEMICAL FROM THE LIST OF PRIORITY CHEMICALS IF,  UPON  REVIEW,
IT  DETERMINES  ON  THE  BASIS OF CREDIBLE SCIENTIFIC EVIDENCE THAT SUCH
CHEMICAL NO LONGER MEETS THE CRITERIA FOR LISTING UNDER PARAGRAPH (B) OF
THIS SUBDIVISION.
  (D) THE DEPARTMENT, IN CONSULTATION  WITH  THE  DEPARTMENT  OF  HEALTH
SHALL IDENTIFY A CHEMICAL AS A CHEMICAL OF HIGH CONCERN IF, UPON REVIEW,
IT  DETERMINES THAT THE CHEMICAL HAS BEEN IDENTIFIED BY A STATE, FEDERAL
OR INTERNATIONAL GOVERNMENTAL ENTITY ON THE BASIS OF CREDIBLE SCIENTIFIC
EVIDENCE AS:
  (I) A CARCINOGEN, REPRODUCTIVE OR DEVELOPMENTAL  TOXICANT,  NEUROTOXI-
CANT, ASTHMAGEN, OR ENDOCRINE DISRUPTOR;
  (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
  (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
S 37-0905. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
  1.  REPORTING  OF  CHEMICAL  USE.  NO LATER THAN TWELVE MONTHS AFTER A
PRIORITY CHEMICAL APPEARS ON THE  LIST  PUBLISHED  PURSUANT  TO  SECTION
37-0903  OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S PROD-
UCT FOR SALE OR DISTRIBUTION IN THIS  STATE  THAT  CONTAINS  A  PRIORITY

S. 4102                             4

CHEMICAL  SHALL REPORT SUCH CHEMICAL USE TO THE DEPARTMENT, AT PRACTICAL
QUANTIFICATION LIMITS (PQLS). THE DEPARTMENT MAY COLLABORATE WITH  OTHER
STATES  AND  AN  INTERSTATE  CHEMICALS  CLEARINGHOUSE IN DEVELOPING SUCH
FORM.
  (A)  THIS  REPORT  MUST  AT  A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT
CATEGORY, THE PRIORITY CHEMICAL OR CHEMICALS CONTAINED IN THE CHILDREN'S
PRODUCT CATEGORY, AND THE INTENDED PURPOSE OF THE CHEMICALS IN THE CHIL-
DREN'S PRODUCT CATEGORY.  THE DEPARTMENT MAY ALSO REQUIRE  REPORTING  OF
THE FOLLOWING INFORMATION:
  (I)  THE  POTENTIAL  FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT FROM
SPECIFIC USES OF THE PRIORITY CHEMICAL;
  (II) THE AMOUNT OF SUCH CHEMICAL IN EACH UNIT OF THE CHILDREN'S  PROD-
UCT  CATEGORY,  EXPRESSED IN A RANGE.  WHEN THE CHEMICAL IS USED IN MORE
THAN ONE PRODUCT WITHIN A PRODUCT CATEGORY, THE HIGHEST AMOUNT  MUST  BE
REPORTED;
  (III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
FROM THE CHILDREN'S PRODUCT CATEGORY TO THE ENVIRONMENT DURING THE PROD-
UCT  CATEGORY'S  LIFE CYCLE AND THE EXTENT TO WHICH USERS OF THE PRODUCT
CATEGORY ARE LIKELY TO BE EXPOSED TO THE CHEMICAL; OR
  (IV) INFORMATION ON THE EXTENT TO WHICH THE CHEMICAL IS PRESENT IN THE
ENVIRONMENT OR HUMAN BODY.
  (B) THE DEPARTMENT IS AUTHORIZED TO DIRECT SUBMISSION OF  SUCH  REPORT
TO THE INTERSTATE CHEMICALS CLEARINGHOUSE.
  2.  WAIVER  OF  REPORTING.  UPON  APPLICATION  BY  A MANUFACTURER, THE
COMMISSIONER MAY WAIVE ALL OR PART OF THE REPORTING  REQUIREMENTS  UNDER
SUBDIVISION  ONE  OF  THIS  SECTION  FOR ONE OR MORE SPECIFIED USES OF A
PRIORITY CHEMICAL. IN MAKING SUCH DETERMINATION,  THE  COMMISSIONER  MAY
CONSIDER: (A) IF SUBSTANTIALLY EQUIVALENT INFORMATION IS ALREADY PUBLIC-
LY  AVAILABLE  OR THAT THE INFORMATION IS NOT NEEDED FOR THE PURPOSES OF
THIS CHAPTER, (B) SIMILAR WAIVERS  GRANTED  BY  OTHER  STATES,  AND  (C)
WHETHER THE SPECIFIED USE OR USES ARE MINOR IN VOLUME.
  3.  NOTICE  TO  RETAILERS.  A  MANUFACTURER  OF  A  CHILDREN'S PRODUCT
CONTAINING A PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER THE CHIL-
DREN'S PRODUCT FOR  SALE  OR  DISTRIBUTION  IN  THE  STATE,  IN  A  FORM
PRESCRIBED BY THE DEPARTMENT, OF THE PRESENCE OF SUCH PRIORITY CHEMICAL,
AND PROVIDE SUCH PERSONS WITH INFORMATION REGARDING THE TOXICITY OF SUCH
CHEMICAL.
  4.  FEES. THE MANUFACTURER SHALL PAY A FEE UPON SUBMISSION OF A REPORT
OF CHEMICAL USE PURSUANT TO SUBDIVISION ONE OF THIS SECTION OR A  WAIVER
REQUEST PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO COVER THE DEPART-
MENT'S  REASONABLE  COSTS  IN  THE  AMOUNT  OF  FIVE HUNDRED DOLLARS PER
REPORTED PRODUCT CATEGORY.
S 37-0907. SALES PROHIBITION.
  1. EFFECTIVE JANUARY FIRST, TWO THOUSAND  EIGHTEEN,  NO  PERSON  SHALL
DISTRIBUTE,  SELL  OR  OFFER FOR SALE IN THIS STATE A CHILDREN'S PRODUCT
CONTAINING TRIS (1, 3 DICHLORO-2-PROPYL) PHOSPHATE,  BENZENE,  LEAD  AND
COMPOUNDS  (INORGANIC),  MERCURY  AND MERCURY COMPOUNDS INCLUDING METHYL
MERCURY, ANTIMONY AND ANTIMONY COMPOUNDS, FORMALDEHYDE, ASBESTOS, ARSEN-
IC AND ARSENIC COMPOUNDS INCLUDING ARSENIC TRIOXIDE AND DIMETHYL  ARSEN-
IC,  CADMIUM, AND COBALT AND COBALT COMPOUNDS.  THIS PROVISION SHALL NOT
APPLY TO A CHILDREN'S PRODUCT SOLELY BASED ON ITS CONTAINING AN ENCLOSED
BATTERY OR ENCLOSED ELECTRONIC COMPONENTS. THE COMMISSIONER MAY EXEMPT A
CHILDREN'S PRODUCT FROM THIS PROHIBITION IF, IN THE COMMISSIONER'S JUDG-
MENT, THE LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD  POSE  AN
UNREASONABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.

S. 4102                             5

  2.  EFFECTIVE  FOUR  YEARS AFTER BEING ADDED TO THE PRIORITY CHEMICALS
LIST, NO PERSON SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THIS  STATE
A  CHILDREN'S  PRODUCT  THAT  CONTAINS  A CHEMICAL ADDED TO THE PRIORITY
CHEMICALS LIST PURSUANT TO SECTION 37-0903 OF THIS TITLE.
S 37-0909. APPLICABILITY.
  1.  NEW  CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY
TO CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND  DOES
NOT  APPLY  TO USED CHILDREN'S PRODUCTS THAT ARE SOLD OR DISTRIBUTED FOR
FREE AT SECONDHAND STORES, YARD SALES, ON THE  INTERNET  OR  DONATED  TO
CHARITIES.
  2. INDUSTRY. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO PRIORI-
TY  CHEMICALS USED IN OR FOR INDUSTRY OR MANUFACTURING, INCLUDING CHEMI-
CALS PROCESSED OR OTHERWISE USED IN OR FOR INDUSTRIAL  OR  MANUFACTURING
PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT.
  3.  TRANSPORTATION.  THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO
MOTOR VEHICLES OR THEIR COMPONENT PARTS, WATERCRAFT OR  THEIR  COMPONENT
PARTS,  ALL  TERRAIN  VEHICLES  OR THEIR COMPONENT PARTS, OR OFF-HIGHWAY
MOTORCYCLES OR THEIR COMPONENT PARTS, EXCEPT THAT THE  USE  OF  PRIORITY
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
  4.  COMBUSTION.  THE  REQUIREMENTS  OF  THIS  TITLE SHALL NOT APPLY TO
PRIORITY CHEMICALS GENERATED SOLELY AS COMBUSTION  BY-PRODUCTS  OR  THAT
ARE PRESENT IN COMBUSTIBLE FUELS.
  5. EXCEPTIONS. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO CHIL-
DREN'S PRODUCT MAKERS THAT EMPLOY FIVE PERSONS OR FEWER, ARE RESIDENT IN
THIS STATE, AND ARE INDEPENDENTLY OWNED AND OPERATED.
  6. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS  THAT  RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT CONTAINING A
PRIORITY CHEMICAL AFTER THE EFFECTIVE DATE OF ITS PROHIBITION FOR  WHICH
THAT RETAILER HAS RECEIVED NOTIFICATION PURSUANT TO SUBDIVISION THREE OF
SECTION 37-0905 OF THIS TITLE.
S 37-0911. ENFORCEMENT AND IMPLEMENTATION.
  1. FAILURE TO PROVIDE NOTICE. A CHILDREN'S PRODUCT CONTAINING A PRIOR-
ITY  CHEMICAL  MAY NOT BE SOLD, OFFERED FOR SALE OR DISTRIBUTED FOR SALE
IN THIS STATE UNLESS THE  MANUFACTURER  HAS  PROVIDED  THE  NOTIFICATION
REQUIRED  UNDER  SECTION  37-0905  OF THIS TITLE BY THE DATE REQUIRED IN
SUCH SECTION. THE COMMISSIONER MAY EXEMPT A CHILDREN'S PRODUCT FROM THIS
PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK OF AVAILABILITY
OF THE CHILDREN'S PRODUCT COULD POSE  AN  UNREASONABLE  RISK  TO  PUBLIC
HEALTH, SAFETY OR WELFARE.
  2.  STATEMENT  OF  COMPLIANCE.  IF THERE ARE GROUNDS TO SUSPECT THAT A
CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
THE DEPARTMENT MAY REQUEST THE MANUFACTURER OF THE CHILDREN'S PRODUCT TO
PROVIDE A STATEMENT OF COMPLIANCE ON A FORM PROVIDED BY THE  DEPARTMENT,
WITHIN  TEN DAYS OF RECEIPT OF A REQUEST FROM THE DEPARTMENT. THE STATE-
MENT OF COMPLIANCE SHALL:
  (A) ATTEST THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN  THE  PRIORITY
CHEMICAL; OR
  (B)  ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT NOTIFI-
CATION OF THE PRESENCE OF THE PRIORITY CHEMICAL HAS BEEN PROVIDED TO THE
DEPARTMENT OR PROVIDE NOTICE AS REQUIRED  BY  SECTION  37-0905  OF  THIS
TITLE; OR
  (C)  ATTEST  THAT  THE  MANUFACTURER HAS NOTIFIED PERSONS WHO SELL THE
PRODUCT IN THIS STATE THAT THE SALE OF THE CHILDREN'S PRODUCT IS PROHIB-
ITED.
S 37-0913. INTERSTATE CHEMICAL CLEARINGHOUSE.

S. 4102                             6

  1. THE DEPARTMENT IS AUTHORIZED TO PARTICIPATE IN AN INTERSTATE CHEMI-
CALS CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE  REQUIREMENTS  OF  THIS
TITLE.  THE DEPARTMENT SHALL WORK IN COLLABORATION WITH OTHER STATES AND
AN INTERSTATE CHEMICALS CLEARINGHOUSE FOR THE PURPOSE OF, INCLUDING  BUT
NOT LIMITED TO:
  (A)  COLLECTION  AND  DISSEMINATION  OF INFORMATION REGARDING CHEMICAL
HAZARDS;
  (B) COLLECTION AND DISSEMINATION OF INFORMATION REGARDING THE  USE  OF
CHEMICALS IN CHILDREN'S PRODUCTS;
  (C) ASSESSMENT OF ALTERNATIVES TO CHEMICALS AND THEIR USE IN PRODUCTS;
AND
  (D) PUBLIC EDUCATION.
  2.  SUCH CLEARINGHOUSE IS AUTHORIZED TO MAINTAIN INFORMATION ON BEHALF
OF THE STATE OF NEW YORK, INCLUDING, BUT  NOT  LIMITED  TO,  INFORMATION
REGARDING  CHEMICALS CONTAINED IN CHILDREN'S PRODUCTS DISCLOSED PURSUANT
TO SECTION 37-0905 OF THIS TITLE.
S 37-0915. REGULATIONS.
  THE DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS  NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law. Effective immediately, the department of
environmental conservation is authorized to implement  rules  and  regu-
lations for the timely implementation of this act on its effective date.

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2015-S4102A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: General Business Law
Laws Affected:: Add Art 28-F §§495-a - 495-i, Gen Bus L

2015-S4102A (ACTIVE) - Summary

2015-S4102A (ACTIVE) - Bill Text download pdf

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

                                 4102--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sens.  BOYLE,  KLEIN, ADDABBO, AMEDORE, AVELLA, BRESLIN,
  CARLUCCI,  COMRIE,  CROCI,  DIAZ,  DILAN,  ESPAILLAT,  FELDER,  FUNKE,
  GIANARIS, GOLDEN, HAMILTON, HASSELL-THOMPSON, HOYLMAN, KENNEDY, KRUEG-
  ER,  LANZA,  LATIMER, LAVALLE, MARTINS, MONTGOMERY, PANEPINTO, PARKER,
  PERALTA, PERKINS, RITCHIE, RIVERA, ROBACH, SANDERS,  SAVINO,  SERRANO,
  SQUADRON,  STAVISKY, STEWART-COUSINS, VALESKY, VENDITTO, YOUNG -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Environmental Conservation -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  general business law, in relation to protecting
  consumers from toxic chemicals found in children's products

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

  Section 1. The general business law is amended by adding a new article
28-F to read as follows:
                              ARTICLE 28-F
                  CHEMICALS IN CHILDREN'S PRODUCTS ACT
SECTION 495-A. LEGISLATIVE DECLARATION.
        495-B. DEFINITIONS.
        495-C. PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN TO CHIL-
                 DREN.
        495-D. DISCLOSURE OF INFORMATION.
        495-E. SALES PROHIBITION.
        495-F. APPLICABILITY.
        495-G. ENFORCEMENT AND IMPLEMENTATION.
        495-H. REGULATIONS.
        495-I. PREEMPTION.
  S  495-A.  LEGISLATIVE  DECLARATION.  IT  IS  THE POLICY OF THE STATE,
CONSISTENT WITH ITS DUTY TO PROTECT THE HEALTH, SAFETY, AND  WELFARE  OF
ITS  CITIZENS,  TO  REDUCE  EXPOSURE AMONG CHILDREN AND OTHER VULNERABLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09354-09-5

S. 4102--A                          2

POPULATIONS TO HAZARDS POSED BY CHEMICALS. BY ENACTMENT OF THIS ARTICLE,
THE LEGISLATURE CONFERS UPON THE DEPARTMENTS OF  STATE  AND  HEALTH  THE
REGULATORY POWER TO COLLECT INFORMATION ON CHEMICAL USE AND PROHIBIT THE
SALE OF CHILDREN'S PRODUCTS CONTAINING CERTAIN CHEMICALS.
  S  495-B. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "CHILDREN'S APPAREL"  MEANS  ANY  ITEM  OF  CLOTHING,  FOOTWEAR  OR
APPAREL,  INCLUDING,  BUT  NOT  LIMITED  TO, ACCESSORIES THAT CONSIST OF
FABRIC OR RELATED MATERIAL INTENDED OR PROMOTED FOR  USE  IN  CHILDREN'S
CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
TO  PREVENT  INJURY,  INCLUDING,  BUT  NOT  LIMITED TO, BICYCLE HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
  2. "CHEMICAL" MEANS ANY ORGANIC OR INORGANIC SUBSTANCE OF A PARTICULAR
MOLECULAR IDENTITY, INCLUDING: (A) ANY COMBINATION  OF  SUCH  SUBSTANCES
OCCURRING  IN  WHOLE  OR  IN  PART AS A RESULT OF A CHEMICAL REACTION OR
OCCURRING IN NATURE; AND (B) ANY ELEMENT OR UNCOMBINED RADICAL.
  3. "CHEMICALS OF HIGH CONCERN TO CHILDREN" MEANS:  (A)  THE  FOLLOWING
CHEMICALS:
  1,1,2,2-TETRACHLOROETHANE (79-34-5)
  1,4-DIOXANE (123-91-1)
  2,2',3,3',4,4',5,5',6,6'-DECABROMODIPHENYL ETHER; BDE-209 (1163-19-5)
  2,4-DIAMINOTOLUENE (95-80-7)
  2-AMINOTOLUENE (95-53-4)
  2-ETHYLHEXANOIC ACID (149-57-5)
  2-ETHYL-HEXYL-4-METHOXYCINNAMATE (5466-77-3)
  2-METHOXYETHANOL (109-86-4)
  3,3'-DIMETHYLBENZIDINE  AND DYES METABOLIZED TO 3,3'-DIMETHYLBENZIDINE
(119-93-7)
  4-NONYLPHENOL; 4-NP AND ITS ISOMER MIXTURES INCLUDING  CAS  84852-15-3
AND CAS 25154-52-3 (104-40-5)
  4-TERT-OCTYLPHENOL; 1,1,3,3-TETRAMETHYL-4-BUTYLPHENOL (140-66-9)
  ACETALDEHYDE (75-07-0)
  ACRYLONITRILE (107-13-1)
  ANILINE (62-53-3)
  ANTIMONY (7440-36-0) & ANTIMONY COMPOUNDS
  ARSENIC  (7440-38-2)  &  ARSENIC  COMPOUNDS INCLUDING ARSENIC TRIOXIDE
(1327-53-3) & DIMETHYL ARSENIC (75-60-5)
  ASBESTOS (1332-21-4)
  BENZENE (71-43-2)
  BENZENE, PENTACHLORO (608-93-5)
  BENZOPHENONE-2 (BP-2); 2,2',4,4'-TETRAHYDROXYBENZOPHENONE (131-55-5)
  BISPHENOL A (80-05-7)
  BUTYL BENZYL PHTHALATE (BBP) (85-68-7)
  BUTYL PARABEN (94-26-8)
  BUTYLATED HYDROXYANISOLE; BHA (25013-16-5)
  C.I. SOLVENT YELLOW 14 (842-07-9)
  CADMIUM (7440-43-9) & CADMIUM COMPOUNDS
  CARBON DISULFIDE (75-15-0)
  COBALT (7440-48-4) & COBALT COMPOUNDS
  DI-2-ETHYLHEXYL PHTHALATE (117-81-7)
  DIBUTYL PHTHALATE (84-74-2)
  DIETHYL PHTHALATE (84-66-2)
  DIISODECYL PHTHALATE (DIDP) (26761-40-0)
  DIISONONYL PHTHALATE (DINP) (28553-12-0)
  DI-N-HEXYL PHTHALATE (84-75-3)
  DI-N-OCTYL PHTHALATE (DNOP) (117-84-0)

S. 4102--A                          3

  ESTRAGOLE (140-67-0)
  ETHYL PARABEN (120-47-8)
  ETHYLBENZENE (100-41-4)
  ETHYLENE GLYCOL (107-21-1)
  ETHYLENE GLYCOL MONOETHYL ESTER (110-80-5)
  FORMALDEHYDE (50-00-0)
  HEXABROMOCYCLODODECANE (25637-99-4)
  HEXACHLOROBENZENE (118-74-1)
  HEXACHLOROBUTADIENE (87-68-3)
  LEAD (7439-92-1)
  MERCURY  (7439-97-6)  &  MERCURY  COMPOUNDS  INCLUDING  METHYL MERCURY
(22967-92-6)
  METHYL ETHYL KETONE (78-93-3)
  METHYL PARABEN (99-76-3)
  METHYLENE CHLORIDE (75-09-2)
  MOLYBDENUM (7439-98-7) & MOLYBDENUM COMPOUNDS
  N-METHYLPYRROLIDONE (872-50-4)
  N-NITROSODIMETHYLAMINE (62-75-9)
  N-NITROSODIPHENYLAMINE (86-30-6)
  OCTAMETHYLCYCLOTETRASILOXANE (556-67-2)
  PARA-CHLOROANILINE (106-47-8)
  PERCHLOROETHYLENE (127-18-4)
  PERFLUOROOCTANYL SULPHONIC ACID AND ITS SALTS; PFOS (1763-23-1)
  PHENOL (108-95-2)
  PHENOL, 4-OCTYL- (1806-26-4)
  PHTHALIC ANHYDRIDE (85-44-9)
  P-HYDROXYBENZOIC ACID (99-96-7)
  PROPYL PARABEN (94-13-3)
  STYRENE (100-42-5)
  TETRABROMOBISPHENOL A (79-94-7)
  TOLUENE (108-88-3)
  TRIS(1,3-DICHLORO-2-PROPYL)PHOSPHATE (13674-87-8)
  TRIS(2-CHLOROETHYL) PHOSPHATE (115-96-8)
  VINYL CHLORIDE (75-01-4); AND
  (B) ALL PHTHALATES SPECIFIED AS  PERMANENTLY  BANNED  FROM  CHILDREN'S
TOYS  AND  CHILD  CARE  ARTICLES  PURSUANT  TO  SECTION 108(A) OF THE US
CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008.
  4. "CHILD OR CHILDREN" MEANS A PERSON OR PERSONS TWELVE YEARS  OF  AGE
OR YOUNGER AND "CHILDREN" MEANS PERSONS TWELVE YEARS OF AGE OR YOUNGER.
  5.  "CHILDREN'S  PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR, MADE
FOR, OR MARKETED FOR USE BY CHILDREN, INCLUDING BUT NOT LIMITED TO: BABY
PRODUCTS; TOYS; CAR SEATS;  CHILDREN'S  COSMETICS;  SCHOOL  SUPPLIES;  A
PRODUCT  DESIGNED  OR  INTENDED BY THE MANUFACTURER TO HELP A CHILD WITH
SUCKING OR TEETHING, TO FACILITATE SLEEP, RELAXATION, OR THE FEEDING  OF
A  CHILD;  CHILDREN'S  NOVELTY  PRODUCTS; CHILDREN'S JEWELRY; CHILDREN'S
BEDDING, FURNITURE, AND FURNISHINGS; AND CHILDREN'S APPAREL.  THIS  TERM
SHALL  NOT  INCLUDE:  (A)  BATTERIES;  (B) CONSUMER ELECTRONIC PRODUCTS,
INCLUDING, BUT NOT LIMITED  TO,  PERSONAL  COMPUTERS,  AUDIO  AND  VIDEO
EQUIPMENT, CALCULATORS, WIRELESS TELEPHONES, GAME CONSOLES, AND HANDHELD
DEVICES  INCORPORATING  A  VIDEO SCREEN USED TO ACCESS INTERACTIVE SOFT-
WARE, AND THEIR ASSOCIATED PERIPHERALS; (C) A  DRUG,  SUPPLEMENT,  SOAP,
FOOD  OR  BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGULATED BY THE
UNITED STATES FOOD AND DRUG ADMINISTRATION; (D)  A  DRUG,  BIOLOGIC,  OR
MEDICAL  DEVICE  REGULATED  BY  THE UNITED STATES FOOD AND DRUG ADMINIS-
TRATION; OR (E) A PESTICIDE PRODUCT REGULATED BY THE UNITED STATES ENVI-

S. 4102--A                          4

RONMENTAL PROTECTION AGENCY AND REGISTERED BY THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION.
  6.  "SCIENTIFIC  EVIDENCE"  MEANS  PUBLISHED  SCIENTIFIC  RESEARCH AND
ANALYSES OBTAINED FROM RELIABLE SOURCES, INCLUDING, BUT NOT LIMITED  TO,
PEER-REVIEWED  SCIENTIFIC JOURNALS, AND REPORTS FROM AUTHORITATIVE PUBL-
IC-HEALTH AND ENVIRONMENTAL ORGANIZATIONS.
  7. "COMPONENT" MEANS A UNIQUELY IDENTIFIABLE OR  REASONABLY  SEPARATE,
MATERIAL  THAT  IS INTENDED TO BE INCLUDED AS A PART OF A FINISHED CHIL-
DREN'S PRODUCT. A SINGLE CHEMICAL IS NOT CONSIDERED A "COMPONENT" UNLESS
THE ENTIRE MATERIAL IS COMPOSED OF THAT SINGLE CHEMICAL.
  8. "CONTAMINANT" MEANS A TRACE AMOUNT OF ANY  CHEMICAL  INCIDENTAL  TO
MANUFACTURING,  WHICH  SERVES NO INTENDED FUNCTION IN THE FINISHED CHIL-
DREN'S PRODUCT. A "CONTAMINANT" INCLUDES A CHEMICAL THAT  IS:  AN  UNIN-
TENDED  BYPRODUCT  OF  CHEMICAL  REACTIONS DURING THE MANUFACTURE OF THE
CHILDREN'S PRODUCT; OTHERWISE OCCURRING  IN  THE  ENVIRONMENT;  A  TRACE
IMPURITY  IN  FEED-STOCK;  A  COMPONENT OF INCOMPLETELY REACTED CHEMICAL
MIXTURES; AND/OR A PRODUCT OF DEGRADATION.
  9. "COMMISSIONER" MEANS THE COMMISSIONER OF HEALTH.
  10. "DISTRIBUTOR" MEANS A PERSON  WHO  SELLS  CHILDREN'S  PRODUCTS  TO
RETAIL ESTABLISHMENTS.
  11.  "INTENTIONALLY  ADDED"  MEANS THE DELIBERATE USE OF A CHEMICAL IN
THE FORMULATION OF A PRODUCT OR COMPONENT WHERE ITS PRESENCE IS  DESIRED
IN  THE FINAL PRODUCT OR COMPONENT TO PROVIDE A SPECIFIC CHARACTERISTIC,
APPEARANCE OR QUALITY.
  12. "MANUFACTURER" MEANS ANY PERSON WHO  CURRENTLY  PRODUCES  A  CHIL-
DREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE CHILDREN'S PRODUCT.
IN  THE  CASE  OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE UNITED
STATES, "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY PRODUCES  A  CHIL-
DREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE CHILDREN'S PRODUCT.
IN  THE  CASE  OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE UNITED
STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR RELATED CORPORATE ENTITY
THAT IS REGISTERED IN ANY STATE OR HAS NOT CONTRACTED THE SERVICES OF AN
AGENT IN THE UNITED STATES.
  13. "PRACTICAL QUANTIFICATION LIMIT" (PQL) IS THE LOWEST CONCENTRATION
THAT CAN BE RELIABLY MEASURED  WITHIN  SPECIFIED  LIMITS  OF  PRECISION,
ACCURACY,  REPRESENTATIVENESS,  COMPLETENESS,  AND  COMPARABILITY DURING
ROUTINE LABORATORY OPERATING CONDITIONS. THIS VALUE IS BASED  ON  SCIEN-
TIFICALLY DEFENSIBLE, STANDARD ANALYTICAL METHODS. THE VALUE FOR A GIVEN
CHEMICAL  COULD  BE DIFFERENT DEPENDING ON THE MATRIX AND THE ANALYTICAL
METHOD USED. PQLS ARE TO BE ESTABLISHED BY THE DEPARTMENT  OF  STATE  IN
RELIANCE  UPON FINDINGS MADE BY THE DEPARTMENT OF HEALTH AFTER REVIEW OF
SCIENTIFIC EVIDENCE AND MEASUREMENTS USING STANDARD  ANALYTICAL  METHODS
AND  IN CONSIDERATION OF COMPARABLE VALUES ESTABLISHED BY OTHER AUTHORI-
TATIVE BODIES, INCLUDING OTHER STATES.
  14. "PRIORITY CHEMICAL" MEANS:
  (A) THE FOLLOWING CHEMICALS:
  ANTIMONY AND ANTIMONY COMPOUNDS
  ARSENIC AND ARSENIC COMPOUNDS
  ASBESTOS
  BENZENE (CASRN 71-43-2)
  CADMIUM AND CADMIUM COMPOUNDS
  FORMALDEHYDE (CASRN 50-00-0)
  LEAD AND LEAD COMPOUNDS
  MERCURY AND MERCURY COMPOUNDS
  TRIS (1, 3 DICHLORO-2-PROPYL) PHOSPHATE (TDCPP, CASRN 13674-87-8)
  PHOSPHATE (TCEP, CASRN 115-96-8); AND

S. 4102--A                          5

  (B) A CHEMICAL ADOPTED  BY  THE  DEPARTMENT,  AS  RECOMMENDED  BY  THE
DEPARTMENT  OF HEALTH, PURSUANT TO SECTION FOUR HUNDRED NINETY-FIVE-C OF
THIS ARTICLE.
  15. "PRODUCT CATEGORY" MEANS THE "BRICK" LEVEL OF THE GS1 GLOBAL PROD-
UCT  CLASSIFICATION (GPC) STANDARD, WHICH IDENTIFIES A CATEGORY INCORPO-
RATING PRODUCTS (GLOBAL TRADE ITEM NUMBERS (GTINS)) THAT SERVE A  COMMON
PURPOSE,  ARE  OF A SIMILAR FORM AND MATERIAL, AND SHARE THE SAME SET OF
CATEGORY ATTRIBUTES.
  16. "RETAILER"  MEANS  ANY  PERSON  WHO  SELLS  OR  LEASES  CHILDREN'S
PRODUCTS  FOR-PROFIT  IN  THE  STATE TO CONSUMERS.   SUCH TERM SHALL NOT
INCLUDE: (A) SOMEONE WHO PURCHASED OR ACQUIRED A PRODUCT  PRIMARILY  FOR
PERSONAL  USE  AND  WHO  SUBSEQUENTLY  RESELLS  THE  PRODUCT; OR (B) ANY
SECONDHAND DEALER.
  17. "SCREENING PROHIBITION LEVEL" MEANS THE CONCENTRATION OF A PRIORI-
TY CHEMICAL MEASURED IN A CHILDREN'S PRODUCT COMPONENT ABOVE  WHICH  THE
PRODUCT WILL BE SUBJECT TO THE SALES PROHIBITION REQUIREMENTS OF SECTION
FOUR HUNDRED NINETY-FIVE-E OF THIS ARTICLE. WHENEVER THE FEDERAL GOVERN-
MENT  UNDER  THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008 (CPSIA)
HAS A FINAL RULE IN EFFECT AND ENFORCEABLE WITH RESPECT TO A  CHILDREN'S
PRODUCT SAFETY STANDARD THAT APPLIES TO THE PRESENCE OF A SPECIFIC CHEM-
ICAL  IN  A  CHILDREN'S  PRODUCT THAT PREEMPTS STATE ACTION, THE FEDERAL
CONSUMER PRODUCT SAFETY STANDARD SHALL BE USED FOR THE SPECIFIC CHEMICAL
AND PRODUCT, UNLESS THE STATE OBTAINS AN EXEMPTION FROM THE US  CONSUMER
PRODUCT SAFETY COMMISSION.
  18. "SECRETARY" MEANS SECRETARY OF STATE.
  S 495-C. PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN TO CHILDREN.
1.  PUBLISHING OF LISTS. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE OF THIS ARTICLE, THE DEPARTMENT OF STATE SHALL POST LISTS OF PRIOR-
ITY CHEMICALS AND CHEMICALS OF HIGH CONCERN TO CHILDREN ON ITS WEBSITE.
  2. PERIODIC REVIEW. THE DEPARTMENT OF HEALTH MAY  PERIODICALLY  REVIEW
THE  LISTS  OF PRIORITY CHEMICALS AND CHEMICALS OF HIGH CONCERN TO CHIL-
DREN AND, THROUGH REGULATION, ADD OR REMOVE PRIORITY CHEMICALS OR CHEMI-
CALS OF HIGH CONCERN FROM SUCH LISTS IN RELIANCE UPON FINDINGS  MADE  BY
THE  DEPARTMENT  OF  HEALTH  AFTER REVIEW OF SCIENTIFIC EVIDENCE, THAT A
CHEMICAL PROPOSED FOR ADDITION TO THE LIST MEETS PARAGRAPHS (A)  OR  (B)
OF  THIS  SUBDIVISION FOR CHEMICALS OF HIGH CONCERN TO CHILDREN AND ALSO
PARAGRAPH (C) OF THIS SUBDIVISION FOR PRIORITY CHEMICALS.
  (A) THE COMMISSIONER OF HEALTH HAS DETERMINED  THAT  AN  AUTHORITATIVE
GOVERNMENTAL  ENTITY  OR ACCREDITED RESEARCH UNIVERSITY HAS DEMONSTRATED
THAT THE CHEMICAL DOES ONE OF THE FOLLOWING:
  (I) HARMS THE NORMAL DEVELOPMENT OF A FETUS OR CHILD OR  CAUSES  OTHER
DEVELOPMENTAL TOXICITY IN AN INTACT ORGANISM;
  (II)  IS  LINKED  TO  CANCER,  GENETIC  DAMAGE, IS AN ASTHMAGEN, OR IS
LINKED TO REPRODUCTIVE HARM IN AN INTACT ORGANISM;
  (III) DISRUPTS THE ENDOCRINE SYSTEM TO CAUSE ADVERSE EFFECTS IN  CHIL-
DREN;
  (IV)  DAMAGES  THE  NERVOUS SYSTEM, IMMUNE SYSTEM, OR ORGANS OR CAUSES
OTHER SYSTEMIC TOXICITY IN AN INTACT ORGANISM; OR
  (V) IS VERY PERSISTENT AND VERY BIOACCUMULATIVE.
  (B) THE CHEMICAL HAS BEEN FOUND TO  BE  PRESENT  THROUGH  ANY  OF  THE
FOLLOWING:
  (I)  BIOMONITORING TO BE PRESENT IN HUMAN BLOOD, UMBILICAL CORD BLOOD,
BREAST MILK, URINE, OR OTHER BODILY TISSUES OR FLUIDS;
  (II) SAMPLING AND ANALYSIS TO BE  PRESENT  ABOVE  IN  HOUSEHOLD  DUST,
INDOOR AIR, DRINKING WATER, OR ELSEWHERE IN THE HOME ENVIRONMENT; OR

S. 4102--A                          6

  (III) MONITORING TO BE PRESENT ABOVE IN FISH, WILDLIFE, OR THE NATURAL
ENVIRONMENT.
  (C)  THERE  ARE  LIKELY EXPOSURES TO CHEMICALS IN CHILDREN'S PRODUCTS.
EVIDENCE OF LIKELY EXPOSURE MAY INCLUDE, BUT IS NOT LIMITED TO, AT LEAST
TWO YEARS OF REPORTING DATA ABOUT A SPECIFIC CHEMICAL UNDER SECTION FOUR
HUNDRED NINETY-FIVE-D OF THIS ARTICLE.
  (D) A MANUFACTURER OF A PRODUCT THAT IS SUBJECT TO THE  PROVISIONS  OF
THIS  SECTION,  MAY  APPLY  TO THE DEPARTMENT OF STATE FOR WAIVER OF THE
REQUIREMENTS, UPON PROOF THAT THERE ARE  NO  AVAILABLE  ALTERNATIVES.  A
MANUFACTURER  OF  A  PRODUCT  PROHIBITED  TO BE SOLD OR OFFERED FOR SALE
PURSUANT TO THIS TITLE SHALL NOT REPLACE A PRIORITY CHEMICAL WITH ANOTH-
ER CHEMICAL THAT HAS BEEN DEEMED A HUMAN CARCINOGEN BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, A  DEVELOPMENTAL  TOXIN,  AN  ENDOCRINE
DISRUPTER OR A REPRODUCTIVE TOXIN.
  S  495-D.  DISCLOSURE OF INFORMATION.  1. REPORTING OF CHEMICAL OCCUR-
RENCE. EVERY MANUFACTURER WHO OFFERS FOR SALE OR  DISTRIBUTION  IN  THIS
STATE  A CHILDREN'S PRODUCT SHALL REPORT TO THE DEPARTMENT OF STATE IF A
CHEMICAL OF HIGH CONCERN TO CHILDREN IS INTENTIONALLY ADDED TO  A  CHIL-
DREN'S PRODUCT COMPONENT AT A LEVEL ABOVE THE PQL; OR PRESENT IN A CHIL-
DREN'S  PRODUCT  COMPONENT PRODUCED BY THE MANUFACTURER AS A CONTAMINANT
AT A CONCENTRATION ABOVE ONE HUNDRED PARTS PER MILLION.
  (A) TO BE IN COMPLIANCE WITH THIS REQUIREMENT, SUCH  REPORT  SHALL  BE
SUBMITTED TO THE DEPARTMENT OF STATE:
  (I) WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE; OR
  (II) WITHIN NINETY DAYS OF THE ADDITION OF A CHEMICAL TO THE CHEMICALS
OF  HIGH  CONCERN LIST PURSUANT TO SECTION FOUR HUNDRED NINETY-FIVE-C OF
THIS ARTICLE.
  (B) FORMAT FOR NOTICE. THE SECRETARY OF STATE SHALL SPECIFY THE FORMAT
FOR SUBMISSION OF THE NOTICE REQUIRED BY THIS SECTION, PROVIDED THAT THE
REQUIRED FORMAT SHALL BE CONSISTENT WITH THE FORMAT  FOR  SUBMISSION  OF
NOTICE  IN  OTHER  STATES WITH REQUIREMENTS SUBSTANTIALLY SIMILAR TO THE
REQUIREMENTS OF THIS SECTION. ANY NOTICE SUBMITTED  UNDER  THIS  SECTION
SHALL CONTAIN THE FOLLOWING INFORMATION:
  (I)  THE  NAME  OF  THE  CHEMICAL  USED  OR  PRODUCED AND ITS CHEMICAL
ABSTRACTS SERVICE REGISTRY NUMBER OR ACCESSION NUMBER;
  (II) A DESCRIPTION OF THE CATEGORY OR CATEGORIES IN  WHICH  IT  OCCURS
CONTAINING THE CHEMICAL;
  (III) THE AMOUNT OF THE CHEMICAL CONTAINED IN EACH UNIT OF THE PRODUCT
OR  PRODUCT COMPONENT, REPORTED BY WEIGHT OR PARTS PER MILLION IN RANGES
AS FOLLOWS:
  (1) EQUAL TO OR MORE THAN THE PQL BUT LESS THAN 100 PPM (0.01%);
  (2) EQUAL TO OR MORE THAN 100  PPM  (0.01%)  BUT  LESS  THAN  500  PPM
(0.05%);
  (3)  EQUAL  TO  OR  MORE  THAN 500 PPM (0.05%) BUT LESS THAN 1,000 PPM
(0.10%);
  (4) EQUAL TO OR MORE THAN 1,000 PPM (0.10%) BUT LESS  THAN  5,000  PPM
(0.5%); OR
  (5)  EQUAL  TO  OR MORE THAN 5,000 PPM (0.5%) BUT LESS THAN 10,000 PPM
(1.0%); OR
  (6) EQUAL TO OR MORE THAN 10,000 PPM (1.0%).
  (C) THE DEPARTMENT OF STATE AND THE DEPARTMENT OF HEALTH  ARE  AUTHOR-
IZED  TO  PARTICIPATE IN AN INTERSTATE CHEMICALS CLEARINGHOUSE TO ASSIST
IN CARRYING OUT THE REQUIREMENTS OF  THIS  ARTICLE.  THE  DEPARTMENT  OF
STATE  MAY ALSO ENTER INTO RECIPROCAL DATA-SHARING AGREEMENTS WITH OTHER
STATES IN WHICH A MANUFACTURER OF CHILDREN'S PRODUCTS IS  ALSO  REQUIRED

S. 4102--A                          7

TO DISCLOSE INFORMATION RELATED TO CHEMICALS OF HIGH CONCERN TO CHILDREN
IN CHILDREN'S PRODUCTS.
  2. WAIVER OF REPORTING. UPON APPLICATION BY A MANUFACTURER, THE SECRE-
TARY  MAY WAIVE ALL OR PART OF THE REPORTING REQUIREMENTS UNDER SUBDIVI-
SION ONE OF THIS SECTION FOR ONE OR MORE SPECIFIED USES  OF  A  PRIORITY
CHEMICAL. IN MAKING SUCH DETERMINATION, THE SECRETARY MAY CONSIDER:
  (A)  WHETHER  SUBSTANTIALLY EQUIVALENT INFORMATION IS ALREADY PUBLICLY
AVAILABLE OR SUCH INFORMATION IS NOT NEEDED FOR  THE  PURPOSES  OF  THIS
ARTICLE;
  (B) WHETHER SIMILAR WAIVERS HAVE BEEN GRANTED BY OTHER STATES;
  (C) WHETHER THE SPECIFIED USE OR USES ARE MINOR IN VOLUME;
  (D)  WHETHER  THE  MANUFACTURER EITHER INDIVIDUALLY OR JOINTLY SUBMITS
THE INFORMATION REQUIRED IN A NOTICE UNDER THIS SECTION TO:
  (I) A STATE WITH WHICH THE DEPARTMENT OF STATE HAS ENTERED A  RECIPRO-
CAL DATA-SHARING AGREEMENT; OR
  (II)  A  TRADE  ASSOCIATION, THE INTERSTATE CHEMICALS CLEARINGHOUSE, A
FEDERAL GOVERNMENTAL AGENCY, OR OTHER INDEPENDENT THIRD PARTY, WHO MAKES
THAT DATA AVAILABLE TO THE DEPARTMENT OF STATE ON BEHALF OF THE MANUFAC-
TURER;
  (E) WHETHER THE INFORMATION REQUIRED TO BE REPORTED IN A NOTICE  UNDER
THIS  SECTION IS PROVIDED TO THE DEPARTMENT OF STATE IN AN ALTERNATE BUT
COMPLETE FORMAT, INCLUDING REFERENCE TO INFORMATION  PUBLICLY  AVAILABLE
IN OTHER STATES OR BY INDEPENDENT THIRD PARTIES; OR
  (F)  WHETHER THE INFORMATION REQUIRED TO BE REPORTED IN A NOTICE UNDER
THIS SECTION IS AVAILABLE  ON  OR  ACCESSIBLE  FROM  THE  DEPARTMENT  OF
STATE'S WEBSITE.
  3.  NOTICE  TO  RETAILERS.  A  MANUFACTURER  OF  A  CHILDREN'S PRODUCT
CONTAINING A CHEMICAL OF HIGH CONCERN TO CHILDREN  SHALL  NOTIFY,  IN  A
FORM  PRESCRIBED  BY  THE  DEPARTMENT OF STATE, RETAILERS THAT OFFER THE
CHILDREN'S PRODUCT FOR SALE OR DISTRIBUTION IN THE STATE OF THE PRESENCE
OF SUCH CHEMICAL OF HIGH CONCERN TO CHILDREN AND ANY  OTHER  INFORMATION
THE DEPARTMENTS OF STATE AND HEALTH DEEM APPROPRIATE.
  4. NOTICE TO CONSUMERS. THE DEPARTMENT OF STATE, AS DEEMED APPROPRIATE
BY  THE  SECRETARY,  SHALL  NOTIFY  CONSUMERS  ABOUT CHILDREN'S PRODUCTS
CONTAINING CHEMICALS OF HIGH CONCERN AND PRIORITY CHEMICALS. THE NOTIFI-
CATION SHALL BE PUBLISHED ON THE DEPARTMENT OF STATE'S WEBSITE IN A FORM
AND MANNER DETERMINED BY THE SECRETARY.
  5. FEES. THE DEPARTMENT OF  STATE  MAY  PROMULGATE  RULES  SETTING  AN
APPROPRIATE FEE SCHEDULE FOR MANUFACTURERS TO HELP DEFRAY THE DEPARTMENT
OF STATE'S AND DEPARTMENT OF HEALTH'S PROGRAM COSTS.
  6. CERTIFICATE OF COMPLIANCE. A MANUFACTURER REQUIRED TO SUBMIT NOTICE
UNDER  THIS  SECTION TO THE SECRETARY OF STATE MAY RELY ON A CERTIFICATE
OF COMPLIANCE, DATA,  OR  INFORMATION  FROM  SUPPLIERS  FOR  DETERMINING
REPORTING OBLIGATIONS. A CERTIFICATE OF COMPLIANCE PROVIDED BY A SUPPLI-
ER  UNDER THIS SUBDIVISION SHALL BE SOLELY FOR THE PURPOSE OF COMPLIANCE
WITH THE REQUIREMENTS OF THIS ARTICLE.
  S 495-E. SALES PROHIBITION. 1. EFFECTIVE JANUARY FIRST,  TWO  THOUSAND
EIGHTEEN,  NO MANUFACTURER, DISTRIBUTOR, OR RETAILER SHALL SELL OR OFFER
FOR SALE IN THIS STATE  A  CHILDREN'S  PRODUCT  CONTAINING  A  COMPONENT
CONTAINING  ANY  PRIORITY  CHEMICAL  IDENTIFIED PURSUANT TO SECTION FOUR
HUNDRED NINETY-FIVE-C OF THIS ARTICLE THAT EXCEEDS THE FOLLOWING SCREEN-
ING PROHIBITION LEVELS IN TOTAL CONTENT:
  (A) 260 PARTS PER MILLION ANTIMONY OR  ANTIMONY  COMPOUNDS,  PROVIDED,
HOWEVER,  THAT  THE  DEPARTMENT  OF HEALTH SHALL ESTABLISH THROUGH REGU-
LATION AND PUBLIC COMMENT THE SCREENING  PROHIBITION  LEVEL  FOR  "CHIL-

S. 4102--A                          8

DREN'S  APPAREL"  AS  DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
NINETY-FIVE-B OF THIS ARTICLE.
  (B) 100 PARTS PER MILLION ARSENIC OR ARSENIC COMPOUNDS.
  (C) 100 PARTS PER MILLION ASBESTOS.
  (D) 100 PARTS PER MILLION BENZENE (CASRN 71-43-2).
  (E) 75 PARTS PER MILLION CADMIUM OR CADMIUM COMPOUNDS.
  (F)  20  PARTS  PER  MILLION  FORMALDEHYDE (CASRN 50-00-0) IN TEXTILES
INTENDED FOR USE BY A CHILD UNDER EIGHTEEN MONTHS, 75 PARTS PER  MILLION
FOR  TEXTILES IN DIRECT SKIN CONTACT, 300 PARTS PER MILLION FOR TEXTILES
NOT IN DIRECT SKIN CONTACT, AND 200 PARTS PER MILLION FOR ANY OTHER  USE
WHICH  IS  NOT  CHEMICALLY  BOUND TO ANY OTHER CHEMICAL SPECIES OR BOUND
WITHIN A MATRIX. THE FOLLOWING EMISSION  STANDARDS  USE  ASTM  E-1333-96
(2002): FOR HARDWOOD PLYWOOD WITH A VENEER OR COMPOSITE CORE, 0.05 PARTS
PER  MILLION FORMALDEHYDE; FOR MEDIUM-DENSITY FIBERBOARD, 0.11 PARTS PER
MILLION FORMALDEHYDE; FOR THIN MEDIUM DENSITY FIBERBOARD, 0.13 PARTS PER
MILLION FORMALDEHYDE; FOR PARTICLEBOARD, 0.09 PARTS PER MILLION  FORMAL-
DEHYDE.
  (G) 100 PARTS PER MILLION LEAD OR LEAD COMPOUNDS.
  (H) 100 PARTS PER MILLION LEAD OR LEAD COMPOUNDS.
  (I) 100 PARTS PER MILLION MERCURY OR MERCURY COMPOUNDS.
  (J)  100  PARTS  PER  MILLION  TRIS (1, 3 DICHLORO-2-PROPYL) PHOSPHATE
(TDCPP, CASRN 13674-87-8).
  2. ADDITIONAL PRIORITY CHEMICALS. ONCE THE DEPARTMENT OF STATE  ESTAB-
LISHES  ADDITIONAL PRIORITY CHEMICALS UNDER SECTION FOUR HUNDRED NINETY-
FIVE-C OF THIS ARTICLE, THE  DEPARTMENT  OF  STATE  SHALL  ALSO  SPECIFY
SCREENING PROHIBITION LEVELS FOR THOSE ADDITIONAL CHEMICALS.
  3.  SUBDIVISION  ONE  OF  THIS SECTION SHALL NOT APPLY TO A CHILDREN'S
PRODUCT SOLELY BASED ON IT CONTAINING AN ENCLOSED  BATTERY  OR  ENCLOSED
ELECTRONIC  COMPONENTS.  THE  SECRETARY  MAY EXEMPT A CHILDREN'S PRODUCT
FROM THIS PROHIBITION IF, IN  THE  SECRETARY'S  JUDGMENT,  THE  LACK  OF
AVAILABILITY  OF  THE CHILDREN'S PRODUCT COULD POSE AN UNREASONABLE RISK
TO PUBLIC HEALTH, SAFETY, OR WELFARE.
  4. EFFECTIVE THREE YEARS AFTER A CHEMICAL IS  ADDED  TO  THE  PRIORITY
CHEMICALS  LIST  PURSUANT  TO SECTION FOUR HUNDRED NINETY-FIVE-C OF THIS
ARTICLE, NO MANUFACTURER, DISTRIBUTOR,  OR  RETAILER  SHALL  DISTRIBUTE,
SELL, OR OFFER FOR SALE IN THIS STATE A CHILDREN'S PRODUCT THAT CONTAINS
SUCH  CHEMICAL  ABOVE  THE  SCREENING  PROHIBITION  LEVEL ESTABLISHED IN
SUBDIVISION ONE OF THIS SECTION.
  5. DURING THE PERIOD BETWEEN IDENTIFICATION OF A CHEMICAL AS A PRIORI-
TY CHEMICAL AND PROHIBITION, A CHILDREN'S PRODUCT CONTAINING A  PRIORITY
CHEMICAL  ABOVE  THE SCREENING PROHIBITION LEVEL ESTABLISHED IN SUBDIVI-
SION ONE OF THIS SECTION MAY NOT BE SOLD, OFFERED FOR SALE  OR  DISTRIB-
UTED  FOR  SALE  IN  THIS STATE UNLESS THE MANUFACTURER HAS PROVIDED THE
NOTIFICATION REQUIRED UNDER SECTION FOUR HUNDRED NINETY-FIVE-D  OF  THIS
ARTICLE.  THE SECRETARY MAY EXEMPT A CHILDREN'S PRODUCT FROM THIS PROHI-
BITION IF, IN THE SECRETARY'S JUDGMENT IN CONSULTATION WITH THE  COMMIS-
SIONER, THE LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD POSE AN
UNREASONABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
  S  495-F. APPLICABILITY. 1. NEW CHILDREN'S PRODUCTS. THE PROVISIONS OF
THIS ARTICLE SHALL APPLY TO CHEMICALS IN  CHILDREN'S  PRODUCTS  SOLD  OR
DISTRIBUTED  AS NEW. IT SHALL NOT APPLY TO USED CHILDREN'S PRODUCTS THAT
ARE SOLD OR DISTRIBUTED FOR FREE AT SECONDHAND STORES,  YARD  SALES,  ON
THE INTERNET, OR DONATED TO CHARITIES. MANUFACTURERS ARE PROHIBITED FROM
DONATING,  DISCOUNT SELLING, OR USING ANY OTHER MEANS AVAILABLE TO PLACE
IN THE MARKETPLACE ANY CHILDREN'S PRODUCTS THAT ARE PROHIBITED FOR  SALE

S. 4102--A                          9

PURSUANT   TO   SUBDIVISIONS   ONE  AND  TWO  OF  SECTION  FOUR  HUNDRED
NINETY-FIVE-E OF THIS ARTICLE.
  2.  MANUFACTURING  CONTROL. THE REQUIREMENTS OF THIS ARTICLE SHALL NOT
APPLY TO A CHEMICAL THAT OCCURS IN A PRODUCT COMPONENT ONLY AS A CONTAM-
INANT IF THE MANUFACTURER HAD IN PLACE A MANUFACTURING  CONTROL  PROGRAM
AND  EXERCISED DUE DILIGENCE TO MINIMIZE THE PRESENCE OF THE CONTAMINANT
IN THE COMPONENT. SUCH A MANUFACTURING CONTROL PROGRAM SHALL CONSIST  OF
ANY  OR  ALL OF THE FOLLOWING:  MONITORING OF THE LEVEL OF A CHCC IN RAW
MATERIALS; MONITORING OF MANUFACTURING PROCESS PARAMETERS; AND/OR  MONI-
TORING  THE  LEVEL  OF  A  CHCC IN FINISHED PRODUCTS OR COMPONENTS. UPON
REQUEST OF THE DEPARTMENT A MANUFACTURER SHALL SUBMIT PARAMETERS OF SUCH
A PROGRAM.
  3. INACCESSIBLE COMPONENTS. COMPONENTS THAT DURING REASONABLY FORESEE-
ABLE USE AND ABUSE OF THE PRODUCT WOULD NOT  COME  INTO  DIRECT  CONTACT
WITH  THE  CHILD'S SKIN OR MOUTH WILL NOT BE SUBJECT TO THE REQUIREMENTS
OF SECTIONS FOUR HUNDRED NINETY-FIVE-D AND FOUR HUNDRED NINETY-FIVE-E OF
THIS ARTICLE, EXCEPT BY RULE, BASED ON A CASE-BY-CASE EVALUATION BY  THE
DEPARTMENT OF STATE.
  4.  INDUSTRY.  THE  REQUIREMENTS  OF  THIS  ARTICLE SHALL NOT APPLY TO
PRIORITY CHEMICALS USED IN OR FOR INDUSTRY OR  MANUFACTURING,  INCLUDING
CHEMICALS  PROCESSED  OR OTHERWISE USED IN OR FOR INDUSTRIAL OR MANUFAC-
TURING PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT.
  5. TRANSPORTATION. THE REQUIREMENTS OF THIS ARTICLE SHALL NOT APPLY TO
MOTOR VEHICLES OR THEIR COMPONENT PARTS, WATERCRAFT OF  THEIR  COMPONENT
PARTS,  ALL  TERRAIN  VEHICLES  OR THEIR COMPONENT PARTS, OR OFF-HIGHWAY
MOTORCYCLES OR THEIR COMPONENT PARTS, EXCEPT THAT THE  USE  OF  PRIORITY
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
  6.  COMBUSTION.  THE  REQUIREMENTS  OF THIS ARTICLE SHALL NOT APPLY TO
PRIORITY CHEMICALS GENERATED SOLELY AS COMBUSTION BYPRODUCTS OR THAT ARE
PRESENT IN COMBUSTIBLE FUELS.
  S 495-G. ENFORCEMENT AND IMPLEMENTATION. 1. STATEMENT  OF  COMPLIANCE.
IF  THE  DEPARTMENT OF STATE SUSPECTS THAT A CHILDREN'S PRODUCT IS BEING
OFFERED OR SOLD IN VIOLATION OF THIS ARTICLE, THE  DEPARTMENT  OF  STATE
MAY REQUEST THE MANUFACTURER OF THE CHILDREN'S PRODUCT TO PROVIDE WITHIN
THIRTY  DAYS  OF  RECEIPT  OF  A REQUEST FROM THE DEPARTMENT OF STATE, A
STATEMENT OF COMPLIANCE ON A FORM PROVIDED BY THE DEPARTMENT  OF  STATE.
THE STATEMENT OF COMPLIANCE SHALL:
  (A)  ATTEST  THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE CHEMICAL
OF HIGH CONCERN TO CHILDREN OR PRIORITY CHEMICAL; OR
  (B) ATTEST AND PROVIDE THE DEPARTMENT OF STATE WITH DOCUMENTATION THAT
NOTIFICATION OF THE PRESENCE OF A CHEMICAL OF HIGH CONCERN  TO  CHILDREN
WAS  PROVIDED TO THE DEPARTMENT PURSUANT TO SECTION FOUR HUNDRED NINETY-
FIVE-D OF THIS ARTICLE; OR
  (C) ATTEST THAT THE MANUFACTURER HAS NOTIFIED RETAILERS OF  THE  PRES-
ENCE  OF  CHEMICAL  OF  HIGH CONCERN TO CHILDREN PURSUANT TO SUBDIVISION
THREE OF SECTION FOUR HUNDRED NINETY-FIVE-D OF THIS ARTICLE.
  2. UNAUTHORIZED SALES. THE SECRETARY MAY ISSUE AN ORDER DIRECTING  THE
CESSATION OF THE SALE OR DISTRIBUTION BY MANUFACTURERS, DISTRIBUTORS, OR
RETAILERS  OF ANY CHILDREN'S PRODUCT BEING DISTRIBUTED, SOLD, LEASED, OR
OTHERWISE OFFERED FOR SALE IN THIS STATE THAT IS IN  VIOLATION  OF  THIS
ARTICLE.  IN THE INSTANCE OF NON-COMPLIANCE WITH SUCH ORDER, THE DEPART-
MENT  OF STATE SHALL PROVIDE THE ATTORNEY GENERAL ANY INFORMATION ON THE
SALE, LEASE, OR DISTRIBUTION OF PROHIBITED CHILDREN'S PRODUCTS.
  3. ENFORCEMENT. WHERE IT IS DETERMINED, FOLLOWING A  HEARING,  THAT  A
PERSON  HAS  VIOLATED ONE OR MORE PROVISIONS OF THIS ARTICLE, THE SECRE-
TARY MAY ASSESS A CIVIL PENALTY NO GREATER THAN  FIVE  THOUSAND  DOLLARS

S. 4102--A                         10

PER  VIOLATION.  UPON  THE OCCASION OF A SECOND VIOLATION, OR SUBSEQUENT
VIOLATIONS OF THIS ARTICLE, A CIVIL PENALTY OF  NO  GREATER  THAN  FIFTY
THOUSAND  DOLLARS  MAY BE ASSESSED. ANY PROCEEDING CONDUCTED PURSUANT TO
THIS  SUBDIVISION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE
ACT. THE HEARING OFFICER SHALL CONSIDER  WHETHER  A  RETAILER  KNOWINGLY
OFFERED SUCH ITEMS FOR SALE AS A DEFENSE TO VIOLATIONS OF THIS SECTION.
  4.  VIOLATIONS.  PURSUANT TO SECTION SIXTY-THREE OF THE EXECUTIVE LAW,
THE ATTORNEY GENERAL SHALL ENFORCE VIOLATIONS OF THIS ARTICLE.
  S 495-H. REGULATIONS. THE DEPARTMENTS OF STATE AND  HEALTH  MAY  ADOPT
SUCH RULES AND REGULATIONS, AS WELL AS INFORMAL GUIDANCE CONSISTENT WITH
OTHER STATES, DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTI-
CLE.
  S  495-I. PREEMPTION. NO CITY, TOWN, COUNTY, OR OTHER POLITICAL SUBDI-
VISION OF THIS STATE SHALL ADOPT OR CONTINUE IN  EFFECT  ANY  ORDINANCE,
RULE,  REGULATION OR STATUTE REGARDING CHEMICALS IN CHILDREN'S PRODUCTS.
THIS SECTION SHALL NOT BE CONSTRUED AS AFFECTING OR LIMITING THE AUTHOR-
ITY OF POLITICAL SUBDIVISIONS OF THE STATE TO EXERCISE CONTROL OVER  AND
ABATE  PUBLIC  NUISANCES,  PURSUANT  TO  ARTICLE  THIRTEEN OF THE PUBLIC
HEALTH LAW AND SECTION FIVE HUNDRED FIFTY-SIX OF THE NEW YORK CITY CHAR-
TER.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S 3. This act shall take effect April 1, 2016; provided, however, that
section  495-d  of  the  general business law as added by section one of
this act shall take effect one year after it shall have become a law.

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Senate Bill S4102A

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

2015-S4102 - Details

2015-S4102 - Summary

2015-S4102 - Sponsor Memo

2015-S4102 - Bill Text download pdf

co-Sponsors

2015-S4102A (ACTIVE) - Details

2015-S4102A (ACTIVE) - Summary

2015-S4102A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4102A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

2015-S4102 - Details

2015-S4102 - Summary

2015-S4102 - Sponsor Memo

2015-S4102 - Bill Text download pdf

co-Sponsors

2015-S4102A (ACTIVE) - Details

2015-S4102A (ACTIVE) - Summary

2015-S4102A (ACTIVE) - Bill Text download pdf

Comments