NY State Senate Bill 2017-S5794A

Senate Bill S5794A

2017-2018 Legislative Session

Relates to banning certain chemicals from being manufactured, used, or stored within the state

download bill text pdf

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
Feb 23, 2018	print number 5794a
Feb 23, 2018	amend and recommit to environmental conservation
Jan 03, 2018	referred to environmental conservation
May 01, 2017	referred to environmental conservation

Bill Amendments

Original

A (Active)

2017-S5794 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1184
2021-2022: S1864

2017-S5794 - Summary

Relates to banning certain chemicals from being manufactured, used, or stored within the state including triclosan, 1,4-dioxane, isophorone, cyclohexanone, or any synonym of such products.

2017-S5794 - Sponsor Memo

                                 BILL NUMBER:  S5794

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to banning certain chemicals from being manufactured,
used, or stored within the state

 PURPOSE :

To ban the manufacture, process, or distribution of triclosan,
1,4-dioxane, isophorone, or cyclohexanone, or any synonym of the
aforementioned products, subject to certain restrictions.

 SUMMARY OF PROVISIONS :

Section 1: Amends title 1, article 37 of the environmental
conservation law by adding a new section, 37-0114. The new section
will ban the manufacture, process, or distribution of triclosan,
1,4-dioxane, isophorone, or cyclohexanone, or any synonym of the
aforementioned products. The ban will be limited by certain exceptions
for research or transport. The ban will not apply to products that
include isophorone or cyclohexanone when used in the manufacture,
process, or transport of an item that cannot reasonably be expected to
come in to use by an individual under the age of eighteen.

Section 2: States that the act shall take effect one-hundred twenty
days after this bill shall have become law.

 JUSTIFICATION :

Individually and collectively, the chemicals that this bill would ban
have had a significant negative impact on New York State's children
and families. Their toxicity has been recognized at the federal level
and by many other states. The prospect of banning even one of the
chemicals included in this ban, 1,4-dioxane, would warrant state
effort.

Efforts have begun in Congress to ban 1,4-dioxane from use in consumer
personal hygiene products, and another bill in the New York State
Senate seeks to regulate its presence in the State's environment. The
EPA and US Department of Health and Human Services have established
that 1,4-dioxane is reasonably anticipated to be a human carcinogen,
mostly affecting the liver and kidneys. 1,4 -dioxane is created as the
by-product of a processing method of many commonly used industrial
ingredients causing it to be found in certain consumer products such
as deodorants, detergents, shampoos, and cosmetics. The EPA recently
singled out Long Island in a 2016 survey as disproportionately
afflicted by 1,4-dioxane contamination, discovering concentrations of
the chemical in seventy-one percent of area water supply systems, in
comparison to an average of about seven percent nationally.

Isophorone is a category two carcinogen, and cyclohexanone is a toxic
compound that can cause long-term skin irritation and is a possible
carcinogen. These chemicals are often found in rubber products, such
as children's toys, and are responsible for the pungent plastic smell
that some items have. Beach balls, water wings, and pool floats often
contain these chemicals. A child need not use the product or touch it
to be harmed. Simply smelling the chemical odor is enough for damage
to be done.

The FDA recognized triclosan as harmful in 2013 and has ordered
industry to phase it out of consumer hygiene products. However,
non-consumer products or non-hygiene products may still contain the
chemical or many of its synonyms. Triclosan is billed as an
anti-bacterial agent, but there is little to no evidence that it
provides any health benefits that standard soap does not. Triclosan is
used in many products besides hygiene products including children's
toys, furniture, and clothing. It also bioaccumulates in water
supplies and edible fish, meaning most users receive not just a dose
from the products they buy, but that they also receive extra exposure
from their food and water. There is a growing body of evidence that
once triclosan enters a water supply and is exposed to ultra-violet
energy, it becomes exponentially more harmful, it degrades into other
compounds, and its carcinogenic effects are magnified.

The chemicals that this bill would seek to ban hide in a variety of
products making it difficult for individuals to minimize their
exposure and that of their family. They accumulate in our water and
food, adding to the harm they inflict. By banning them we will take a
step, in line with our sister states and congressional colleagues,
that will help to protect the health of New York State's citizens,
water, and food supply.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect within 120 days.

2017-S5794 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5794
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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
   banning  certain  chemicals  from  being manufactured, used, or stored
   within the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 37-0115 to read as follows:
 § 37-0115. PROHIBITION AGAINST TRICLOSAN,  1,4-DIOXANE,  ISOPHORONE,  OR
              CYCLOHEXANONE.
   1.  MANUFACTURING,  PROCESSING, OR DISTRIBUTION. NO PERSON SHALL MANU-
 FACTURE, PROCESS OR DISTRIBUTE IN COMMERCE A PRODUCT, OR  A  PART  OF  A
 PRODUCT,  CONTAINING  TRICLOSAN, 1,4-DIOXANE, ISOPHORONE, CYCLOHEXANONE,
 OR ANY SYNONYM OF SUCH PRODUCTS. THIS RESTRICTION SHALL NOT APPLY TO THE
 USE OF ISOPHORONE OR CYCLOHEXANONE, OR ANY  SYNONYM  OF  SUCH  PRODUCTS,
 USED IN THE MANUFACTURE, PROCESS, OR DISTRIBUTION OF AN ITEM THAT CANNOT
 REASONABLY  BE  EXPECTED TO COME INTO USE BY AN INDIVIDUAL UNDER THE AGE
 OF EIGHTEEN.
   2. ADMINISTRATION. (A)  THE  COMMISSIONER  IS  HEREBY  AUTHORIZED  AND
 DIRECTED  TO  PRESCRIBE SUCH RULES AND REGULATIONS, INCLUDING PROVISIONS
 FOR MAINTENANCE OF RECORDS RELATING TO PRODUCTS  OR  RELATED  MATERIALS,
 AND  FOR THE LABELING OF A PRODUCT OR RELATED MATERIAL, AS MAY BE NECES-
 SARY AND PROPER FOR PURPOSES OF ADMINISTRATION AND ENFORCEMENT  OF  THIS
 SECTION.
   (B)  THE  COMMISSIONER  IS  HEREBY EMPOWERED TO ORDER THE RECALL OF OR
 CONFISCATION OF CONSUMER PRODUCTS OFFERED FOR SALE THAT DO NOT MEET  THE
 STANDARDS SET FORTH IN OR PURSUANT TO THIS SECTION.
   (C)  THE  COMMISSIONER  MAY  OBTAIN  FROM  ANY PERSON BY REGULATION OR
 SUBPOENA ISSUED PURSUANT THERETO, SUCH INFORMATION IN THE FORM OF TESTI-
 MONY, BOOKS, RECORDS, OR OTHER WRITINGS AS IS PERTINENT TO THE  FINDINGS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11279-01-7

 S. 5794                             2
 
 OR  DETERMINATIONS  WHICH  HE  OR  SHE IS REQUIRED OR AUTHORIZED TO MAKE
 PURSUANT TO THIS SECTION.  ALL  INFORMATION  REPORTED  TO  OR  OTHERWISE
 OBTAINED  BY  THE  COMMISSIONER OR HIS OR HER REPRESENTATIVE PURSUANT TO
 THIS  SECTION  THAT  CONTAINS  OR  RELATES  TO  A TRADE SECRET, SHALL BE
 CONSIDERED CONFIDENTIAL, EXCEPT THAT SUCH INFORMATION MAY  BE  DISCLOSED
 TO OTHER OFFICERS OR EMPLOYEES CONCERNED WITH CARRYING OUT THIS SECTION,
 OR WHEN RELEVANT IN ANY PROCEEDING UNDER THIS SECTION.
   3.  GUARANTY.  (A) (I) NO PERSON SHALL BE SUBJECT TO PROSECUTION UNDER
 THIS SECTION IF SUCH PERSON: (A) ESTABLISHES A GUARANTY RECEIVED IN GOOD
 FAITH SIGNED BY AND CONTAINING THE NAME AND ADDRESS OF THE PERSON RESID-
 ING IN THE UNITED STATES WHO SHALL BE RESPONSIBLE  FOR  THE  PRODUCT  OR
 RELATED MATERIAL; AND (B) ESTABLISHES THAT SUCH PRODUCT OR RELATED MATE-
 RIAL  WILL  BE  USED  FOR RESEARCH PURPOSES ONLY AND SHALL NOT BE INTRO-
 DUCED, SOLD OR TRANSPORTED IN COMMERCE.
   (II) SUCH GUARANTY SHALL BE EITHER: (A) A  SEPARATE  GUARANTY  SPECIF-
 ICALLY DESIGNATING THE PRODUCT, OR RELATED MATERIAL GUARANTEED, IN WHICH
 CASE  IT  MAY BE ON THE INVOICE OR OTHER PAPER RELATING TO SUCH PRODUCT,
 OR RELATED MATERIAL; (B) A CONTINUING GUARANTY FILED WITH THE DEPARTMENT
 OR WITH THE FEDERAL TRADE  COMMISSION  APPLICABLE  TO  ANY  PRODUCT,  OR
 RELATED  MATERIAL HANDLED BY A GUARANTOR, IN SUCH FORM AS THE DEPARTMENT
 OR THE FEDERAL TRADE COMMISSION BY RULES OR REGULATIONS  MAY  PRESCRIBE;
 OR  (C) A CONTINUING GUARANTY GIVEN BY SELLER TO BUYER APPLICABLE TO ANY
 PRODUCT, OR RELATED MATERIAL SOLD OR TO BE SOLD TO BUYER BY SELLER IN  A
 FORM AS THE DEPARTMENT OR THE FEDERAL TRADE COMMISSION BY RULES OR REGU-
 LATIONS MAY PRESCRIBE.
   (B)  THE  FURNISHING WITH RESPECT TO ANY PRODUCT, OR RELATED MATERIAL,
 OF A FALSE GUARANTY, EXCEPT BY A PERSON RELYING UPON A GUARANTY  TO  THE
 SAME EFFECT RECEIVED IN GOOD FAITH AND SIGNED BY AND CONTAINING THE NAME
 AND  ADDRESS  OF  THE  PERSON  RESIDING IN THE UNITED STATES BY WHOM THE
 PRODUCT, OR RELATED MATERIAL GUARANTEED WAS MANUFACTURED OR FROM WHOM IT
 WAS RECEIVED, WITH REASON TO BELIEVE THE PRODUCT,  OR  RELATED  MATERIAL
 FALSELY  GUARANTEED  MAY BE INTRODUCED, SOLD OR TRANSPORTED IN COMMERCE,
 IS UNLAWFUL.
   4. EXCLUSIONS. (A) THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO
 ANY  COMMON  CARRIER, CONTRACT CARRIER OR FREIGHT FORWARDER WITH RESPECT
 TO A PRODUCT, OR RELATED MATERIAL  SHIPPED  OR  DELIVERED  FOR  SHIPMENT
 THROUGH THE STATE FOR COMMERCE IN ANOTHER STATE OR COUNTRY.
   (B)  AS  USED  IN  THIS  SECTION,  "DISTRIBUTE  IN COMMERCE" SHALL NOT
 INCLUDE THE RESALE OF PRODUCTS MANUFACTURED PRIOR TO JANUARY FIRST,  TWO
 THOUSAND SEVENTEEN.
   5. VIOLATIONS. EACH PRODUCT, OR RELATED MATERIAL MADE, SOLD OR EXPOSED
 FOR  SALE,  SHALL  CONSTITUTE  A  SEPARATE VIOLATION. A VIOLATION OF ANY
 PROVISION OF THIS SECTION OR ANY RULE OR  REGULATION  PROMULGATED  HERE-
 UNDER IS A CLASS A MISDEMEANOR.
   6. SEVERABILITY. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE AND
 IF  ANY  PORTION  THEREOF  OR THE APPLICABILITY THEREOF TO ANY PERSON OR
 CIRCUMSTANCES SHALL BE HELD TO BE INVALID, THE REMAINDER OF THIS SECTION
 AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal of any rule or  regulation  by
 the commissioner of the department of environmental conservation that is
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

2017-S5794A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1184
2021-2022: S1864

2017-S5794A (ACTIVE) - Summary

Relates to banning certain chemicals from being manufactured, used, or stored within the state including triclosan, 1,4-dioxane, isophorone, cyclohexanone, or any synonym of such products.

2017-S5794A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5794A

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
banning certain chemicals from being manufactured, used, or stored with-
in the state

 
PURPOSE:

To ban the manufacture, process, or distribution of triclosan,
1,4-dioxane, isophorone, or cyclohexanone, or any synonym of the afore-
mentioned products, subject to certain restrictions.

 
SUMMARY OF PROVISIONS:

Section 1 amends title 1, article 37 of the environmental conservation
law by adding a new section, 37-0115. The new section will ban the manu-
facture, process, or distribution of triclosan, 1,4-dioxane, isophorone,
or cyclohexanone, or any synonym of the aforementioned products. The ban

will be limited by certain exceptions for research or transport. The ban
will not apply to products that include isophorone or cyclohexanone when
used in the manufacture, process, or transport of an item that cannot
reasonably be expected to come in to use by an individual under the age
of eighteen.

Section 2: States that the act shall take effect one-hundred twenty days
after this bill shall have become law.

 
JUSTIFICATION:

Individually and collectively, the chemicals that this bill would ban
have had a significant negative impact on New York State's children and
families. Their toxicity has been recognized at the federal level and by
many other states. The prospect of banning even one of the chemicals
included in this ban, 1,4-dioxane, would warrant state effort.

Efforts have begun in Congress to ban 1,4-dioxane from use in consumer
personal hygiene products, and another bill in the New York State Senate
seeks to regulate its presence in the State's environment. The EPA and
US Department of Health and Human Services have established that
1,4-dioxane is reasonably anticipated to be a human carcinogen, mostly
affecting the liver and kidneys. 1,4-dioxane is created as the by-pro-
duct of a processing method of many commonly used industrial ingredients
causing it to be found in certain consumer products such as deodorants,
detergents, shampoos, and cosmetics. The EPA recently singled out Long
Island in a 2016 survey as disproportionately afflicted by 1,4-dioxane
contamination, discovering concentrations of the chemical in seventy-one
percent of area water supply systems, in comparison to an average of
about seven percent nationally.

Isophorone is a category two carcinogen, and cyclohexanone is a toxic
compound that can cause long-term skin irritation and is a possible
carcinogen. These chemicals are often found in rubber products, such as
children's toys, and are responsible for the pungent plastic smell that
some items have. Beach balls, water wings, and pool floats often contain
these chemicals. A child need not use the product or touch it to be

harmed. Simply smelling the chemical odor is enough for damage to be
done.

The FDA recognized triclosan as harmful in 2013 and has ordered industry
to phase it out of consumer hygiene products. However, non-consumer
products or non-hygiene products may still contain the chemical or many
of its synonyms. Triclosan is billed as an anti-bacterial agent, but
there is little to no evidence that it provides any health benefits that
standard soap does not. Triclosan is used in many products besides
hygiene products including children's toys, furniture, and clothing. It
also bioaccumulates in water supplies and edible fish, meaning most
users receive not just a dose from the products they buy, but that they
also receive extra exposure from their food and water. There is a grow-
ing body of evidence that once triclosan enters a water supply and is
exposed to ultra-violet energy, it becomes exponentially more harmful,
it degrades into other compounds, and its carcinogenic effects are
magnified.

The chemicals that this bill would seek to ban hide in a variety of
products making it difficult for individuals to minimize their exposure
and that of their family. They accumulate in our water and food, adding
to the harm they inflict. By banning them we will take a step, in line
with our sister states and congressional colleagues, that will help to
protect the health of New York State's citizens, water, and food supply.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect within 120 days.

2017-S5794A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5794--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- recommitted to  the  Committee  on  Environmental  Conservation  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   banning certain chemicals from being  manufactured,  used,  or  stored
   within the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 37-0115 to read as follows:
 § 37-0115. PROHIBITION  AGAINST  TRICLOSAN,  1,4-DIOXANE, ISOPHORONE, OR
              CYCLOHEXANONE.
   1. MANUFACTURING, PROCESSING, OR DISTRIBUTION. NO PERSON  SHALL  MANU-
 FACTURE,  PROCESS  OR  DISTRIBUTE  IN COMMERCE A PRODUCT, OR A PART OF A
 PRODUCT, CONTAINING TRICLOSAN, 1,4-DIOXANE,  ISOPHORONE,  CYCLOHEXANONE,
 OR ANY SYNONYM OF SUCH PRODUCTS. THIS RESTRICTION SHALL NOT APPLY TO THE
 USE  OF  ISOPHORONE  OR  CYCLOHEXANONE, OR ANY SYNONYM OF SUCH PRODUCTS,
 USED IN THE MANUFACTURE, PROCESS, OR DISTRIBUTION OF AN ITEM THAT CANNOT
 REASONABLY BE EXPECTED TO COME INTO USE BY AN INDIVIDUAL UNDER  THE  AGE
 OF EIGHTEEN.
   2.  ADMINISTRATION.  (A)  THE  COMMISSIONER  IS  HEREBY AUTHORIZED AND
 DIRECTED TO PRESCRIBE SUCH RULES AND REGULATIONS,  INCLUDING  PROVISIONS
 FOR  MAINTENANCE  OF  RECORDS RELATING TO PRODUCTS OR RELATED MATERIALS,
 AND FOR THE LABELING OF A PRODUCT OR RELATED MATERIAL, AS MAY BE  NECES-
 SARY  AND  PROPER FOR PURPOSES OF ADMINISTRATION AND ENFORCEMENT OF THIS
 SECTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11279-02-8

 S. 5794--A                          2
 
   (B) THE COMMISSIONER IS HEREBY EMPOWERED TO ORDER  THE  RECALL  OF  OR
 CONFISCATION  OF CONSUMER PRODUCTS OFFERED FOR SALE THAT DO NOT MEET THE
 STANDARDS SET FORTH IN OR PURSUANT TO THIS SECTION.
   (C)  THE  COMMISSIONER  MAY  OBTAIN  FROM  ANY PERSON BY REGULATION OR
 SUBPOENA ISSUED PURSUANT THERETO, SUCH INFORMATION IN THE FORM OF TESTI-
 MONY, BOOKS, RECORDS, OR OTHER WRITINGS AS IS PERTINENT TO THE  FINDINGS
 OR  DETERMINATIONS  WHICH  HE  OR  SHE IS REQUIRED OR AUTHORIZED TO MAKE
 PURSUANT TO THIS SECTION.  ALL  INFORMATION  REPORTED  TO  OR  OTHERWISE
 OBTAINED  BY  THE  COMMISSIONER OR HIS OR HER REPRESENTATIVE PURSUANT TO
 THIS SECTION THAT CONTAINS OR  RELATES  TO  A  TRADE  SECRET,  SHALL  BE
 CONSIDERED  CONFIDENTIAL,  EXCEPT THAT SUCH INFORMATION MAY BE DISCLOSED
 TO OTHER OFFICERS OR EMPLOYEES CONCERNED WITH CARRYING OUT THIS SECTION,
 OR WHEN RELEVANT IN ANY PROCEEDING UNDER THIS SECTION.
   3. GUARANTY. (A) (I) NO PERSON SHALL BE SUBJECT TO  PROSECUTION  UNDER
 THIS SECTION IF SUCH PERSON: (A) ESTABLISHES A GUARANTY RECEIVED IN GOOD
 FAITH SIGNED BY AND CONTAINING THE NAME AND ADDRESS OF THE PERSON RESID-
 ING  IN  THE  UNITED  STATES WHO SHALL BE RESPONSIBLE FOR THE PRODUCT OR
 RELATED MATERIAL; AND (B) ESTABLISHES THAT SUCH PRODUCT OR RELATED MATE-
 RIAL WILL BE USED FOR RESEARCH PURPOSES ONLY AND  SHALL  NOT  BE  INTRO-
 DUCED, SOLD OR TRANSPORTED IN COMMERCE.
   (II)  SUCH  GUARANTY  SHALL BE EITHER: (A) A SEPARATE GUARANTY SPECIF-
 ICALLY DESIGNATING THE PRODUCT, OR RELATED MATERIAL GUARANTEED, IN WHICH
 CASE IT MAY BE ON THE INVOICE OR OTHER PAPER RELATING TO  SUCH  PRODUCT,
 OR RELATED MATERIAL; (B) A CONTINUING GUARANTY FILED WITH THE DEPARTMENT
 OR  WITH  THE  FEDERAL  TRADE  COMMISSION  APPLICABLE TO ANY PRODUCT, OR
 RELATED MATERIAL HANDLED BY A GUARANTOR, IN SUCH FORM AS THE  DEPARTMENT
 OR  THE  FEDERAL TRADE COMMISSION BY RULES OR REGULATIONS MAY PRESCRIBE;
 OR (C) A CONTINUING GUARANTY GIVEN BY SELLER TO BUYER APPLICABLE TO  ANY
 PRODUCT,  OR RELATED MATERIAL SOLD OR TO BE SOLD TO BUYER BY SELLER IN A
 FORM AS THE DEPARTMENT OR THE FEDERAL TRADE COMMISSION BY RULES OR REGU-
 LATIONS MAY PRESCRIBE.
   (B) THE FURNISHING WITH RESPECT TO ANY PRODUCT, OR  RELATED  MATERIAL,
 OF  A  FALSE GUARANTY, EXCEPT BY A PERSON RELYING UPON A GUARANTY TO THE
 SAME EFFECT RECEIVED IN GOOD FAITH AND SIGNED BY AND CONTAINING THE NAME
 AND ADDRESS OF THE PERSON RESIDING IN THE  UNITED  STATES  BY  WHOM  THE
 PRODUCT, OR RELATED MATERIAL GUARANTEED WAS MANUFACTURED OR FROM WHOM IT
 WAS  RECEIVED,  WITH  REASON TO BELIEVE THE PRODUCT, OR RELATED MATERIAL
 FALSELY GUARANTEED MAY BE INTRODUCED, SOLD OR TRANSPORTED  IN  COMMERCE,
 IS UNLAWFUL.
   4.  EXCLUSIONS.  (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
 ANY COMMON CARRIER, CONTRACT CARRIER OR FREIGHT FORWARDER  WITH  RESPECT
 TO  A  PRODUCT,  OR  RELATED  MATERIAL SHIPPED OR DELIVERED FOR SHIPMENT
 THROUGH THE STATE FOR COMMERCE IN ANOTHER STATE OR COUNTRY.
   (B) AS USED IN  THIS  SECTION,  "DISTRIBUTE  IN  COMMERCE"  SHALL  NOT
 INCLUDE  THE RESALE OF PRODUCTS MANUFACTURED PRIOR TO JANUARY FIRST, TWO
 THOUSAND EIGHTEEN.
   5. VIOLATIONS. EACH PRODUCT, OR RELATED MATERIAL MADE, SOLD OR EXPOSED
 FOR SALE, SHALL CONSTITUTE A SEPARATE  VIOLATION.  A  VIOLATION  OF  ANY
 PROVISION  OF  THIS  SECTION OR ANY RULE OR REGULATION PROMULGATED HERE-
 UNDER IS A CLASS A MISDEMEANOR.
   6. SEVERABILITY. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE AND
 IF ANY PORTION THEREOF OR THE APPLICABILITY THEREOF  TO  ANY  PERSON  OR
 CIRCUMSTANCES SHALL BE HELD TO BE INVALID, THE REMAINDER OF THIS SECTION
 AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate-

 S. 5794--A                          3
 
 ly,  the  addition, amendment and/or repeal of any rule or regulation by
 the commissioner of the department of environmental conservation that is
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

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