NY State Senate Bill 2015-S2764

Senate Bill S2764

2015-2016 Legislative Session

Prohibits the sale or offering for sale of toys, and liquids, foods and beverages in containers, for children 3 or younger, containing bisphenol A

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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
Jan 29, 2015	referred to environmental conservation

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2015-S2764 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§37-0503 & 37-0505, ren §§37-0507, 37-0509 & 37-0511 to be §§37-0511, 37-0513 & 37-0515, add §§37-0507 & 37-0509, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5387
2013-2014: S3533
2017-2018: S86
2019-2020: S1076

2015-S2764 (ACTIVE) - Summary

Prohibits the sale or offering for sale of toys, liquids, foods and beverages in containers, for children 3 or younger, containing bisphenol A; requires manufacturers of products containing bisphenol A to use the least toxic alternative chemical compound to replace bisphenol A.

2015-S2764 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2764

TITLE OF BILL:

An  act  to  amend  the environmental conservation law, in relation to
regulation of  toys,  and  food  and  beverage  containers  containing
bisphenol A

PURPOSE:

The  bill  would  prohibit  the  manufacture, distribution and sale of
toys, food and beverage containers containing bisphenol-A intended for
children three years of age or younger.

SUMMARY OF PROVISIONS:

The bill amends Article 37 of the Environmental  Conservation  Law  to
add  toys  and food and beverage containers to the current prohibition
for the manufacture, distribution, sale or offer for sale of any child
care product containing BPA. One year waivers from the ban in food and
beverage containers are allowed by  DEC  if  there  are  no  available
substitutes  for  BPA.  BPA  in toys would be banned after December 1,
2015 and in food and beverage containers by December 1, 2016.

The bill also prohibits manufacturers from replacing BPA with  another
chemical  compound  that  is a known human carcinogen, a developmental

toxin, an endocrine disruptor or a reproductive  toxin;  and  requires
them  to  use  the least toxic alternative for BPA. DEC is required to
provide information on least toxic alternatives that  meet  the  above
criteria.  These  provisions also apply to the original law regulating
child care products.

JUSTIFICATION:

Bisphenol-A is an estrogen-mimicking endocrine disrupter chemical used
in the production of epoxy resigns and polycarbonate plastics  and  is
the  main  ingredient  in  hard  polycarbonate  plastics. BPA has been
linked  to  breast  and  prostate  cancer,  early-onset  puberty   and
polycystic  ovary syndrome. These plastics are used in toys as well as
many food and drink packaging applications.  This  chemical  has  been
shown  to  be  present  in  most  of  the population. The age of three
reflects the type of products that are used by infants and very  young
children.  This  bill  will  significantly  reduce  the  risk posed to
children by this chemical.

Maryland passed a 2010 law that prohibits the  manufacture,  sale  and
distribution  of any child's toy or child care product containing BPA,
requires the least toxic alternative, and prohibits replacement to BPA
that is a known human carcinogen, a developmental toxin, an  endocrine
disruptor  or  a  reproductive  toxin. Vermont enacted a 2010 law that
includes a  prohibition  for  BPA  in  infant  formula  or  baby  food
containers.   In  addition  to  New  York  seven  states  (California,
Connecticut, Maryland, Minnesota, Washington State and  Wisconsin)  as
well as Schenectady, Albany, Rockland and Suffolk Counties in New York
have  already  passed  laws prohibiting BPA in plastic food containers
for infants. The EPA is considering whether to restrict BPA in  canned
food and other containers, including infant formula containers.


PRIOR LEGISLATIVE HISTORY:

S.3533-A of 2013-14 (O'Brien): Died in Environmental Conservation.

FISCAL IMPACT:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2764 (ACTIVE) - Bill Text download pdf

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

                                  2764

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed 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 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.
                                                           LBD08281-01-5

S. 2764                             2

  S  3.  Sections  37-0507,  37-0509  and  37-0511  of the environmental
conservation law are renumbered sections 37-0511, 37-0513  and  37-0515,
and two new sections 37-0507 and 37-0509 are added to read as follows:
S 37-0507. FOOD AND BEVERAGE CONTAINERS.
  1.  BEGINNING  DECEMBER  FIRST, TWO THOUSAND SIXTEEN, 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 PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
SUBDIVISION ONE OF THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR  WAIVER
OF  THE  REQUIREMENTS OF SUCH SUBDIVISION 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 ADDI-
TIONAL ONE YEAR WAIVER.
S 37-0509. ALTERNATIVES TO BISPHENOL A.
  1. A MANUFACTURER OF A PRODUCT PROHIBITED TO BE SOLD  OR  OFFERED  FOR
SALE PURSUANT TO THIS TITLE SHALL:
  A.  NOT  REPLACE  BISPHENOL  A WITH ANOTHER CHEMICAL COMPOUND THAT HAS
BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS  CLAS-
SIFIED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
MENTAL TOXIN, AN ENDOCRINE DISRUPTER OR A REPRODUCTIVE TOXIN;
  B. USE THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND  TO  REPLACE
BISPHENOL A;
  C.  PROVIDE,  TO THE DEPARTMENT PRIOR TO THE MANUFACTURE OF SUCH PROD-
UCT, INFORMATION ON SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND; AND
  D. NOT MANUFACTURE SUCH PRODUCT UNTIL THE DEPARTMENT SHALL HAVE CERTI-
FIED SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHENOL
A.
  2. EVERY LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE  BISPHE-
NOL A CERTIFIED BY THE DEPARTMENT SHALL:
  A. BE THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
  B.  NOT BE A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, A  DEVELOPMENTAL  TOXIN,  AN  ENDOCRINE
DISRUPTER OR A REPRODUCTIVE TOXIN.
  3.  THE  DEPARTMENT  SHALL REGULARLY UPDATE ITS LISTING OF LEAST TOXIC
CHEMICAL COMPOUNDS CERTIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
AND PROVIDE SUCH UPDATED LISTINGS TO MANUFACTURERS TO WHICH  SUBDIVISION
ONE OF THIS SECTION APPLIES.
  S 4. This act shall take effect immediately.

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Senate Bill S2764

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Sponsored By

Brad Hoylman-Sigal