S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3591
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT,  CAHILL, ROZIC, MOSLEY, LIFTON,
   PICHARDO, GOTTFRIED, ZEBROWSKI, GALEF,  GLICK,  LAVINE,  SANTABARBARA,
   THIELE,    STECK,    JAFFEE,   D'URSO,   SIMON,   RIVERA,   SEAWRIGHT,
   PEOPLES-STOKES,  WILLIAMS,  COLTON,  FAHY,  L. ROSENTHAL,  DE LA ROSA,
   WEPRIN,  ABINANTI,  HYNDMAN,  CARROLL, JONES, PAULIN, EPSTEIN, ARROYO,
   TAYLOR, LUPARDO, DINOWITZ -- read once and referred to  the  Committee
   on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the sale of child care products containing bisphenol
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The title heading of title 5 of article 37 of the environ-
 mental conservation law, as added by chapter 280 of the laws of 2010, is
 amended to read as follows:
                               BISPHENOL [A]
   § 2. Section 37-0501 of the environmental conservation law,  as  added
 by chapter 280 of the laws of 2010, is amended to read as follows:
 § 37-0501. Short title.
   This  title shall be known and may be cited as the "bisphenol [A-free]
 FREE children and babies act".
   § 3. Section 37-0505 of the environmental conservation law,  as  added
 by chapter 280 of the laws of 2010, is amended to read as follows:
 § 37-0505. Child care products.
   1.  (A)  Beginning  December first, two thousand ten, no person, firm,
 partnership, 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.
   (B)  BEGINNING  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-ONE, NO
 PERSON, FIRM, PARTNERSHIP, 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 AF

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

                                                            LBD07669-01-9

 A. 3591                             2
 
 (BPAF), BISPHENOL Z (BPZ), BISPHENOL S (BPS), BISPHENOL F (BPF), BISPHE-
 NOL AP (BPAP) AND BISPHENOL B (BPB).
   2.  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.
   §  4.  Section 37-0507 of the environmental conservation law, as added
 by chapter 280 of the laws of 2010, is amended to read as follows:
 § 37-0507. Product labeling.
   The commissioner may authorize product labeling of  products  that  do
 not  contain  bisphenol  [A]. The label on such products may prominently
 state "Bisphenol [A] Free" [or "BPA-Free"] to inform consumers that  the
 product does not contain the chemical bisphenol [A].
   §  5.  Section 37-0509 of the environmental conservation law, as added
 by chapter 280 of the laws of 2010, is amended to read as follows:
 § 37-0509. Preemption.
   Jurisdiction in all matters pertaining  to  bisphenol  [A]  which  are
 regulated  pursuant  to  the  provisions  of  this title shall be vested
 exclusively in the state.
   § 6. This act shall take effect December 31, 2021.