S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7950
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  chemicals  of
   high concern to children
 
   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 section
 391-u to read as follows:
   § 391-U. CHEMICALS OF HIGH CONCERN TO CHILDREN. 1.   DEFINITIONS.  FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "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  INCLUDE  PROTECTIVE  EQUIPMENT
 DESIGNED  TO  PREVENT  INJURY  INCLUDING,  BUT  NOT  LIMITED TO, BICYCLE
 HELMETS, ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
   (B) "CHEMICAL" MEANS ANY ORGANIC OR INORGANIC SUBSTANCE OF  A  PARTIC-
 ULAR   MOLECULAR  IDENTITY,  INCLUDING:  (I)  ANY  COMBINATION  OF  SUCH
 SUBSTANCES OCCURRING IN WHOLE OR IN PART  AS  A  RESULT  OF  A  CHEMICAL
 REACTION  OR  OCCURRING  IN  NATURE;  AND (II) ANY ELEMENT OR UNCOMBINED
 RADICAL.
   (C) "CHEMICAL OF HIGH CONCERN TO CHILDREN" MEANS ANY CHEMICAL THAT HAS
 BEEN IDENTIFIED BY A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY
 ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE OR RELIABLE INFORMATION AS:
 (I) A CARCINOGEN, A REPRODUCTIVE OR  DEVELOPMENTAL  TOXICANT,  ENDOCRINE
 DISRUPTOR  OR  ASTHMAGEN; (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
 (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
   (D) "CHILD OR CHILDREN" MEANS A PERSON OR PERSONS TWELVE YEARS OF  AGE
 OR YOUNGER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11576-01-7
              

 A. 7950                             2
 
   (E)  "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.  SUCH  TERM
 SHALL  NOT  INCLUDE:  (I)  BATTERIES; (II) CONSUMER ELECTRONICS; (III) A
 SUPPLEMENT, FOOD OR BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE  REGU-
 LATED  BY  THE  UNITED STATES FOOD AND DRUG ADMINISTRATION; (IV) A DRUG,
 BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND  DRUG
 ADMINISTRATION;  OR  (V)  A  PESTICIDE  PRODUCT  REGULATED BY THE UNITED
 STATES ENVIRONMENTAL PROTECTION AGENCY AND REGISTERED BY THE  DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION.
   (F)  "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 SHALL NOT BE CONSIDERED A "COMPONENT"
 UNLESS THE ENTIRE MATERIAL IS COMPOSED OF THAT SINGLE CHEMICAL.
   (G) "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  FEEDSTOCK;  A  COMPONENT  OF INCOMPLETELY REACTED CHEMICAL
 MIXTURES; AND/OR A PRODUCT OF DEGRADATION.
   (H) "DISTRIBUTOR" MEANS A PERSON  WHO  SELLS  CHILDREN'S  PRODUCTS  TO
 RETAIL ESTABLISHMENTS.
   (I)  "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.
   (J) "MANUFACTURER" MEANS ANY  PERSON  WHO  MANUFACTURES  A  CHILDREN'S
 PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE CHILDREN'S PRODUCT. IN THE
 CASE  OF  A  CHILDREN'S PRODUCT THAT IS IMPORTED INTO THE UNITED STATES,
 "MANUFACTURER" INCLUDES THE IMPORTER OR FIRST  DOMESTIC  DISTRIBUTOR  OF
 THE  CHILDREN'S  PRODUCT IF THE PERSON WHO 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.
   (K)  "PRACTICAL  QUANTIFICATION  LIMIT"  OR "PQL" MEANS AN ANALYSIS TO
 DETERMINE THE PRACTICAL  QUANTIFICATION  LIMIT  SHALL  BE  PERFORMED  IN
 ACCORDANCE  WITH METHODS AND PROCEDURES APPROVED BY THE COMMISSIONERS OF
 HEALTH AND ENVIRONMENTAL CONSERVATION.
   (L) "PRIORITY CHEMICALS FOR DISCLOSURE" SHALL  BE  DETERMINED  BY  THE
 DEPARTMENT  OF  HEALTH,  IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION.  THE LIST OF PRIORITY CHEMICALS FOR DISCLOSURE,  AS
 DEVELOPED  BY  THE DEPARTMENTS OF HEALTH AND ENVIRONMENTAL CONSERVATION,
 SHALL BE REVIEWED BY SUCH DEPARTMENTS ON AN ONGOING AND REGULAR BASIS.
   (M) "RETAILER"  MEANS  ANY  PERSON  WHO  SELLS  OR  LEASES  CHILDREN'S
 PRODUCTS  IN  THE  STATE TO CONSUMERS.  SUCH TERM SHALL NOT INCLUDE: (I)
 SOMEONE WHO PURCHASED OR ACQUIRED A PRODUCT PRIMARILY FOR  PERSONAL  USE
 AND WHO SUBSEQUENTLY RESELLS THE PRODUCT; OR (II) ANY SECONDHAND DEALER.
   2.  PUBLISHING  LISTS. THE DEPARTMENT OF STATE, DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION AND THE DEPARTMENT OF HEALTH SHALL POST THE LIST  OF
 CHEMICALS OF HIGH CONCERN TO CHILDREN ON THEIR WEBSITES.
   3.  DISCLOSURE  OF INFORMATION. REPORTING OF CHEMICAL OCCURRENCE. ONCE
 THE DEPARTMENT OF STATE, DEPARTMENT OF  HEALTH  AND  THE  DEPARTMENT  OF

 A. 7950                             3
 
 ENVIRONMENTAL  CONSERVATION  PUBLISH  THE  LIST  OF  CHEMICALS  TO THEIR
 WEBSITES, EVERY MANUFACTURER WHO SELLS OR DISTRIBUTES A CHILDREN'S PROD-
 UCT IN THIS STATE SHALL REPORT TO  THE  DEPARTMENT  OF  HEALTH  AND  THE
 DEPARTMENT  OF ENVIRONMENTAL CONSERVATION IF ANY OF THE LISTED CHEMICALS
 ARE PRESENT IN A CHILDREN'S PRODUCT COMPONENT.
   THE DEPARTMENT OF STATE, IN CONSULTATION WITH THE DEPARTMENT OF  ENVI-
 RONMENTAL  CONSERVATION  AND  THE DEPARTMENT OF HEALTH, SHALL PROMULGATE
 RULES AND REGULATIONS REGARDING THE NOTIFICATION FORMAT THE  MANUFACTUR-
 ERS  MUST  COMPLY  WITH WHEN DISCLOSING INFORMATION TO CONSUMERS AND THE
 DEPARTMENTS.
   THE DEPARTMENT OF STATE, DEPARTMENT OF HEALTH AND  THE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION  ARE  AUTHORIZED TO PARTICIPATE IN AN INTER-
 STATE CHEMICALS CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE REQUIREMENTS
 OF THIS SECTION. SUCH DEPARTMENTS MAY ALSO ENTER INTO  RECIPROCAL  DATA-
 SHARING  AGREEMENTS  WITH  OTHER STATES IN WHICH A MANUFACTURER OF CHIL-
 DREN'S PRODUCTS IS REQUIRED TO DISCLOSE INFORMATION RELATED TO CHEMICALS
 OF HIGH CONCERN TO CHILDREN IN CHILDREN'S PRODUCTS.
   4. WAIVER OF  REPORTING.  UPON  APPLICATION  BY  A  MANUFACTURER,  THE
 COMMISSIONER  OF HEALTH MAY WAIVE ALL OR PART OF THE DISCLOSURE REQUIRE-
 MENTS. IN MAKING SUCH DETERMINATION, SUCH COMMISSIONER 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; OR
   (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 RECIPROCAL DATA-SHARING
 AGREEMENT; OR (II) A TRADE ASSOCIATION, THE INTERSTATE CHEMICALS  CLEAR-
 INGHOUSE,  A  FEDERAL  GOVERNMENTAL  AGENCY,  OR OTHER INDEPENDENT THIRD
 PARTY, WHO MAKES THAT DATA AVAILABLE TO  THE  DEPARTMENT  OF  HEALTH  ON
 BEHALF OF THE MANUFACTURER.
   5.  NOTICE  TO  RETAILERS.  A  MANUFACTURER  OF  A  CHILDREN'S PRODUCT
 CONTAINING A PRIORITY CHEMICAL FOR DISCLOSURE SHALL NOTIFY,  IN  A  FORM
 PRESCRIBED  BY  THE  DEPARTMENT OF STATE, RETAILERS THAT OFFER THE CHIL-
 DREN'S PRODUCT FOR SALE OR DISTRIBUTION IN THE STATE OF THE PRESENCE  OF
 SUCH  PRIORITY  CHEMICAL  FOR  DISCLOSURE  AND ANY OTHER INFORMATION THE
 DEPARTMENTS OF STATE AND HEALTH DEEM APPROPRIATE.
   6. NOTICE TO CONSUMERS. THE DEPARTMENT OF STATE SHALL NOTIFY CONSUMERS
 ABOUT CHILDREN'S PRODUCTS CONTAINING PRIORITY CHEMICALS FOR  DISCLOSURE.
 THE  NOTIFICATION  SHALL LINK CHEMICAL DISCLOSURE TO KNOWN AND POTENTIAL
 HEALTH IMPACTS, AND SHALL BE PUBLISHED ON THE DEPARTMENT OF HEALTH'S AND
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S WEBSITES IN A FORM AND MANNER
 DETERMINED BY THE COMMISSIONERS OF SUCH DEPARTMENTS.
   7.   CERTIFICATE OF COMPLIANCE.  A  MANUFACTURER  REQUIRED  TO  SUBMIT
 NOTICE PURSUANT TO THIS SECTION TO THE COMMISSIONERS OF HEALTH AND ENVI-
 RONMENTAL  CONSERVATION MAY RELY ON A CERTIFICATE OF COMPLIANCE, DATA OR
 INFORMATION FROM SUPPLIERS  FOR  DETERMINING  REPORTING  OBLIGATIONS.  A
 CERTIFICATE  OF COMPLIANCE PROVIDED BY A SUPPLIER UNDER THIS SUBDIVISION
 SHALL BE SOLELY FOR THE PURPOSE OF COMPLIANCE WITH THE  REQUIREMENTS  OF
 THIS SECTION.
   8.  APPLICABILITY. THE PROVISIONS OF THIS SECTION SHALL APPLY TO CHEM-
 ICALS  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 CHARI-
 TIES.

 A. 7950                             4

   9.  TRANSPORTATION. THE REQUIREMENTS OF THIS SECTION SHALL  NOT  APPLY
 TO  MOTOR  VEHICLES OR THEIR COMPONENT PARTS, WATERCRAFT OR THEIR COMPO-
 NENT PARTS, ALL-TERRAIN VEHICLES OR THEIR COMPONENT PARTS, OR  OFF-HIGH-
 WAY  MOTORCYCLES  OR  THEIR COMPONENT PARTS, EXCEPT THAT THE PRESENCE OF
 PRIORITY  CHEMICALS  FOR DISCLOSURE IN DETACHABLE CAR SEATS SHALL NOT BE
 EXEMPT.
   10.  COMBUSTION. THE REQUIREMENTS OF THIS SECTION SHALL NOT  APPLY  TO
 CHEMICALS  GENERATED SOLELY AS COMBUSTION BYPRODUCTS OR THAT ARE PRESENT
 IN COMBUSTIBLE FUELS.
   11.  INDUSTRY. THE REQUIREMENTS OF THIS SECTION  SHALL  NOT  APPLY  TO
 PRIORITY CHEMICALS FOR DISCLOSURE USED IN OR FOR INDUSTRY OR MANUFACTUR-
 ING,  INCLUDING  CHEMICALS  PROCESSED OR OTHERWISE USED IN OR FOR INDUS-
 TRIAL OR MANUFACTURING PROCESSES AND NOT PRESENT IN THE FINAL PRODUCT.
   12.   STATEMENT OF COMPLIANCE.  IF  THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION SUSPECTS THAT A CHILDREN'S PRODUCT IS BEING OFFERED OR SOLD
 IN  VIOLATION  OF THIS SECTION, SUCH DEPARTMENT MAY REQUEST THE MANUFAC-
 TURER OF THE CHILDREN'S PRODUCT TO PROVIDE WITHIN THIRTY DAYS OF RECEIPT
 OF A REQUEST FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, A STATE-
 MENT OF COMPLIANCE ON A FORM PROVIDED BY THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION. THE STATEMENT OF COMPLIANCE SHALL:  (A)  ATTEST  THAT  THE
 CHILDREN'S  PRODUCT  DOES  NOT CONTAIN THE PRIORITY CHEMICAL FOR DISCLO-
 SURE; OR (B) ATTEST AND PROVIDE THE DEPARTMENT OF STATE WITH  DOCUMENTA-
 TION  THAT  NOTIFICATION  OF  THE  PRESENCE  OF  A PRIORITY CHEMICAL FOR
 DISCLOSURE WAS PROVIDED TO THE DEPARTMENT PURSUANT TO THIS  SECTION;  OR
 (C)  ATTEST THAT THE MANUFACTURER HAS NOTIFIED RETAILERS OF THE PRESENCE
 OF THE PRIORITY CHEMICAL FOR DISCLOSURE PURSUANT TO THIS SECTION.
   13.  UNAUTHORIZED SALES. THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVA-
 TION  MAY ISSUE AN ORDER DIRECTING THE CESSATION OF THE SALE OR DISTRIB-
 UTION 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 SECTION. IN THE INSTANCE OF
 NON-COMPLIANCE WITH SUCH ORDER, THE DEPARTMENT OF ENVIRONMENTAL  CONSER-
 VATION  SHALL  PROVIDE THE ATTORNEY GENERAL ANY INFORMATION ON THE SALE,
 LEASE, OR DISTRIBUTION OF PROHIBITED CHILDREN'S PRODUCTS.
   14.  ENFORCEMENT. WHERE IT IS DETERMINED, FOLLOWING A HEARING, THAT  A
 MANUFACTURER  HAS  VIOLATED  ONE OR MORE PROVISIONS OF THIS SECTION, THE
 COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY ASSESS A CIVIL PENALTY NO
 GREATER THAN FIVE THOUSAND DOLLARS PER VIOLATION. UPON THE OCCASION OF A
 SECOND VIOLATION, OR SUBSEQUENT VIOLATIONS  OF  THIS  SECTION,  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.
   15.    REGULATIONS.  THE DEPARTMENT OF STATE, DEPARTMENT OF HEALTH AND
 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MAY ADOPT  SUCH  RULES  AND
 REGULATIONS  AS  SHALL  BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   § 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.

 A. 7950                             5
 
   §  3. This act shall take effect July 1, 2018; provided, however, that
 effective immediately, the addition,  amendment  and/or  repeal  of  any
 rules or regulations necessary for the implementation of this act on its
 effective  date  are authorized and directed to be made and completed on
 or before such effective date.