NY State Senate Bill 2017-S6034A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2018	reported and committed to environmental conservation
Jan 11, 2018	print number 6034a
Jan 11, 2018	amend and recommit to consumer protection
Jan 03, 2018	referred to consumer protection
May 10, 2017	referred to consumer protection

Votes

- Jan 17, 2018 - Consumer Protection Committee Vote
  S6034A
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Jan 17, 2018
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Funke
      
      Hamilton
      
      Helming
      
      Kavanagh
      
      Robach
      
      Serrano
      
      aye wr (2)
      
      Amedore
      
      Comrie

Bill Amendments

Original

A (Active)

co-Sponsors

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2017-S6034 - Details

See Assembly Version of this Bill:: A7950
Current Committee:: Senate Environmental Conservation
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S503, A6151

2017-S6034 - Summary

Provides for the regulation by the departments of state, health and environmental conservation of chemicals of high concern to children.

2017-S6034 - Sponsor Memo

                                 BILL NUMBER:  S6034

 TITLE OF BILL :

An act to amend the general business law, in relation to chemicals of
high concern to children

 PURPOSE OR GENERAL IDEA OF BILL :

This bill directs the commissioner of health, in consultation with the
commissioner of the department of environmental conservation to
establish a list of chemicals of high concern to children. The
departments of health, state, and environmental conservation shall
publish this list and require manufacturers to disclose whether they
use these chemicals in their children's products.

 SUMMARY OF PROVISIONS :

Section one, part one defines various terms, specifically including,
"chemical of high concern to children" which means any chemical
identified by a state, federal, or international governmental entity
on the basis of credible scientific evidence or reliable information;
and "priority chemicals for disclosure" which directs the department
of health and the department of environmental conservation to
establish the list of chemicals.

Section one, part two requires the departments of state, health, and
environmental conservation to publish the list of chemicals on their
websites.

Section one, part three requires every manufacturer who sells or
distributes children's products to report to the departments any of
the listed chemicals that are in their products.

Section one, part four outlines how a manufacturer may apply for a
waiver of disclosure.

Section one, part five sets forth the method of how manufacturers are
requires to notify retailers of the listed chemicals in their
products.

Section one, part six requires the department of state to notify
consumers.

Section one, part seven requires the manufacturer to submit a
certificate of compliance.

Section one, part eight delineates the applicability of the
legislation.

Section one, parts nine, ten, and eleven state that this legislation
does not apply to transportation, combustion, and industry,
respectfully.

Section one, parts twelve, thirteen, and fourteen describes the
compliance measures, unauthorized sales, and enforcement provisions.

Section one, part fifteen states that the departments of state,
health, and environmental conservation may adopt rules and regulations
necessary to implement these provisions.

Section two is the severability clause.

Section three puts the act into effect 120 days after it becomes law.

 JUSTIFICATION :
Currently, New York prohibits the use of dangerous chemicals on a
chemical-by-chemical basis. Children are generally more vulnerable to
chemical exposure; therefore, this method of regulation can be
dangerous. Various other states, particularly in Vermont, have adopted
more comprehensive disclosure policies regarding chemicals in
children's products. This legislation relies on the state's experts to
establish a comprehensive list of chemicals and, in-turn, requires
manufacturers to disclose information if they use those chemicals in
their products. We are trying to give parents as much information as
possible regarding the products they buy for their children.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Minimal implications. The State already funds the Interstate Chemical
Clearinghouse.

 EFFECTIVE DATE :
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.

2017-S6034 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6034
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sens. AVELLA, CARLUCCI, BOYLE, KAMINSKY, LATIMER -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Consumer 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

 S. 6034                             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

 S. 6034                             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.

 S. 6034                             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.

 S. 6034                             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.

co-Sponsors

View additional co-sponsors

2017-S6034A (ACTIVE) - Details

See Assembly Version of this Bill:: A7950
Current Committee:: Senate Environmental Conservation
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S503, A6151

2017-S6034A (ACTIVE) - Summary

Provides for the regulation by the departments of state, health and environmental conservation of chemicals of high concern to children.

2017-S6034A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6034A

SPONSOR: AVELLA
 
TITLE OF BILL:

An act to amend the general business law, in relation to chemicals of
high concern to children

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill directs the commissioner of health, in consultation with the
commissioner of the department of environmental conservation to estab-
lish a list of chemicals of high concern to children. The departments of
health, state, and environmental conservation shall publish this list
and require manufacturers to disclose whether they use these chemicals
in their children's products.

 
SUMMARY OF PROVISIONS:

Section one, part one defines various terms, specifically including,
"chemical of high concern to children" which means any chemical identi-

fied by a state, federal, or international governmental entity on the
basis of credible scientific evidence or reliable information; and
"priority chemicals for disclosure" which means chemicals that are
designated for disclosure by the department of health, in consultation
with the department of environmental conservation.

Section one, part two requires the departments of state, health, and
environmental conservation to publish the list of chemicals on their
websites.

Section one, part three requires every manufacturer who sells or
distributes children's products to report to the department of state any
of the listed chemicals that are in their products.

Section one, part four outlines how a manufacturer may apply for a waiv-
er of disclosure.

Section one, part five sets forth the method of how manufacturers are
requires to notify retailers of the listed chemicals in their products.

Section one, part six requires the department of state to notify consum-
ers.

Section one, part seven requires the manufacturer to submit a certif-
icate of compliance.

Section one, part eight delineates the applicability of the legislation.

Section one, parts nine, ten, and eleven state that this legislation
does not apply to transportation, combustion, and industry, respectful-
ly.

Section one, parts twelve, thirteen, and fourteen describes the compli-
ance measures, unauthorized sales, and enforcement provisions.

Section one, part fifteen states that the departments of state, health,
and environmental conservation may adopt rules and regulations necessary
to implement these provisions.
Section two is the severability clause.

Section three puts the act into effect on July 1, 2019; provided, howev-
er, that effective immediately, the addition, amendment and/or repeal of
any rules or regulations necessary for the implementation of this act on
its effect date are authorized and directed to be made and completed on
or before the effective date.

 
JUSTIFICATION:

Currently, New York prohibits the use of dangerous chemicals on a chemi-
cal-by-chemical basis. Children are generally more vulnerable to chemi-
cal exposure; therefore, this method of regulation can be dangerous.
Various other states, particularly in Vermont, have adopted more compre-
hensive disclosure policies regarding chemicals in children's products.
This legislation relies on the state's experts to establish a comprehen-
sive list of chemicals and, in-turn, requires manufacturers to disclose
information if they use those chemicals in their products. We are trying
to give parents as much information as possible regarding the products
they buy for their children. The goal of this legislation is for the
market to determine whether using potentially harmful chemicals in chil-
dren's products is more efficacious than safer chemical alternatives.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal implications. The State already funds the Interstate Chemical
Clearinghouse.

 
EFFECTIVE DATE:
This act shall take effect on July 1, 2019; 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
effect date are authorized and directed to be made and completed on or
before the effective date.

2017-S6034A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6034--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced by Sens. AVELLA, CARLUCCI, BOYLE, ADDABBO, ALCANTARA, BAILEY,
   BRESLIN,  BROOKS,  COMRIE,  DILAN, HAMILTON, HANNON, HELMING, HOYLMAN,
   KAMINSKY, KENNEDY, KLEIN, KRUEGER,  LAVALLE,  MARCELLINO,  MONTGOMERY,
   PERALTA, PHILLIPS, RITCHIE, SAVINO, SERRANO, STAVISKY, VALESKY -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Consumer Protection -- recommitted to  the  Committee  on
   Consumer  Protection  in  accordance  with  Senate  Rule  6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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, NEUROTOXI-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11576-02-8

 S. 6034--A                          2
 
 CANT, 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.
   (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)  "DISTRIBUTOR"  MEANS  A  PERSON  WHO SELLS CHILDREN'S PRODUCTS TO
 RETAIL ESTABLISHMENTS.
   (H) "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.
   (I)  "PRIORITY  CHEMICALS  FOR  DISCLOSURE"  MEANS  CHEMICALS  OF HIGH
 CONCERN TO CHILDREN THAT ARE DESIGNATED FOR DISCLOSURE BY THE DEPARTMENT
 OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL  CONSER-
 VATION.
   (J)  "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 AND PRIORITY CHEMICALS FOR DISCLO-
 SURE ON THEIR WEBSITES.
   3. DISCLOSURE OF INFORMATION. REPORTING OF CHEMICAL OCCURRENCE.  CHEM-
 ICALS OF HIGH CONCERN TO CHILDREN AND PRIORITY CHEMICALS FOR  DISCLOSURE
 SHALL  BE  DETERMINED  BY THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.   ONCE THE  DEPARTMENT  OF
 STATE,  DEPARTMENT OF HEALTH AND THE DEPARTMENT OF ENVIRONMENTAL CONSER-
 VATION PUBLISH THE LIST OF CHEMICALS TO THEIR WEBSITES,  EVERY  MANUFAC-
 TURER  WHO SELLS OR DISTRIBUTES A CHILDREN'S PRODUCT IN THIS STATE SHALL
 REPORT TO THE DEPARTMENT OF STATE IF ANY OF THE PRIORITY  CHEMICALS  FOR
 DISCLOSURE  ARE  PRESENT  IN A CHILDREN'S PRODUCT.  THE LIST OF PRIORITY
 CHEMICALS FOR DISCLOSURE, AS DEVELOPED BY THE DEPARTMENT OF  HEALTH  AND
 ENVIRONMENTAL  CONSERVATION, SHALL BE REVIEWED BY SUCH DEPARTMENTS ON AN
 ONGOING AND REGULAR BASIS AND REPORTED TO THE DEPARTMENT OF STATE.

 S. 6034--A                          3
 
   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.
   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

 S. 6034--A                          4
 
 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,  AND  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.
   § 3. This act shall take effect July 1, 2019; 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.

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Senate Bill S6034A

Sponsored By

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

Jan 17, 2018 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Jan 17, 2018

Bill Amendments

co-Sponsors

2017-S6034 - Details

2017-S6034 - Summary

2017-S6034 - Sponsor Memo

2017-S6034 - Bill Text download pdf

co-Sponsors

2017-S6034A (ACTIVE) - Details

2017-S6034A (ACTIVE) - Summary

2017-S6034A (ACTIVE) - Sponsor Memo

2017-S6034A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6034A

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Sponsored By

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

Bill Amendments

co-Sponsors

2017-S6034 - Details

2017-S6034 - Summary

2017-S6034 - Sponsor Memo

2017-S6034 - Bill Text download pdf

co-Sponsors

2017-S6034A (ACTIVE) - Details

2017-S6034A (ACTIVE) - Summary

2017-S6034A (ACTIVE) - Sponsor Memo

2017-S6034A (ACTIVE) - Bill Text download pdf

Comments