NY State Senate Bill 2019-S1076

Senate Bill S1076

2019-2020 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

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
Jan 08, 2020	referred to environmental conservation
Jan 10, 2019	referred to environmental conservation

2019-S1076 (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
2015-2016: S2764
2017-2018: S86

2019-S1076 (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.

2019-S1076 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1076

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to regu-
lation 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 chil-
dren 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 bever-
age containers are allowed by DEC if there are no available substitutes

for BPA. BPA in toys would be banned after December 1, 2017 and in food
and beverage containers by December 1, 2018.

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 EPA. 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 signif-
icantly 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 contain-
ers. In addition to New York twelve states (California, Connecticut,
Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada,
Vermont, Washington and Wisconsin) and the District of Columbia, 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.0086 of 2017-2018 (Hoylman): Diedin Environmental Conservation

S.2764 of 2015-2016 (Hoylman): Died in Environmental Conservation

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

 
FISCAL IMPACT:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1076 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1076
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 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:
 § 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.
   § 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:
 § 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 NINETEEN, 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.
                                                            LBD06827-01-9

 S. 1076                             2
 
   §  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:
 § 37-0507. FOOD AND BEVERAGE CONTAINERS.
   1.  BEGINNING  DECEMBER  FIRST,  TWO THOUSAND TWENTY, 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.
 § 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.
   § 4. This act shall take effect immediately.

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