S T A T E O F N E W Y O R K
________________________________________________________________________
2199
2019-2020 Regular Sessions
I N S E N A T E
January 23, 2019
___________
Introduced by Sens. BAILEY, ADDABBO, BRESLIN, GIANARIS, HOYLMAN, KENNE-
DY, KRUEGER, MONTGOMERY, PARKER, SERRANO, STAVISKY, STEWART-COUSINS --
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 toxic chemicals in children's products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 9 to read as follows:
TITLE IX
TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
SECTION 37-0901. DEFINITIONS.
37-0903. CHEMICALS OF HIGH CONCERN.
37-0905. PRIORITY CHEMICALS.
37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
37-0909. SALES PROHIBITION.
37-0911. APPLICABILITY.
37-0913. ENFORCEMENT AND IMPLEMENTATION.
37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
37-0917. REGULATIONS.
§ 37-0901. DEFINITIONS.
AS USED IN THIS TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
1. "CHILDREN'S APPAREL" MEANS ANY ITEM OF CLOTHING THAT CONSISTS OF
FABRIC OR RELATED MATERIAL INTENDED OR PROMOTED FOR USE IN CHILDREN'S
CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
TO PREVENT INJURY, INCLUDING, BUT NOT LIMITED TO, BICYCLE HELMETS,
ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
2. "CHEMICAL" MEANS A SUBSTANCE WITH A DISTINCT MOLECULAR COMPOSITION
OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE BREAKDOWN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05571-01-9
S. 2199 2
PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
DEGRADATION OR METABOLISM.
3. "CHEMICAL OF HIGH CONCERN" MEANS A CHEMICAL INCLUDED IN THE LIST OF
"CHEMICALS OF HIGH CONCERN" PUBLISHED IN JUNE 2009 PURSUANT TO CHAPTER
16-D OF TITLE 38 OF THE MAINE REVISED STATUTES ANNOTATED.
4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
5. "CHILDREN'S PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR, MADE
FOR OR MARKETED FOR USE BY CHILDREN, INCLUDING BABY PRODUCTS, TOYS, CAR
SEATS, PERSONAL CARE PRODUCTS, 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, NOVELTY PRODUCTS, BEDDING,
FURNITURE, FURNISHINGS, AND CHILDREN'S APPAREL. "CHILDREN'S PRODUCT"
DOES NOT INCLUDE (A) BATTERIES; OR (B) CONSUMER ELECTRONIC PRODUCTS
INCLUDING BUT NOT LIMITED TO PERSONAL COMPUTERS, AUDIO AND VIDEO EQUIP-
MENT, CALCULATORS, WIRELESS PHONES, GAME CONSOLES, AND HANDHELD DEVICES
INCORPORATING A VIDEO SCREEN, USED TO ACCESS INTERACTIVE SOFTWARE AND
THEIR ASSOCIATED PERIPHERALS; OR (C) A FOOD OR BEVERAGE OR AN ADDITIVE
TO A FOOD OR BEVERAGE REGULATED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION; OR (D) A TOBACCO PRODUCT OR PAPER OR FOREST PRODUCT; OR
(E) A PESTICIDE REGULATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY. "CHILDREN'S PRODUCT" ALSO DOES NOT INCLUDE A DRUG, BIOLOGIC OR
MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINIS-
TRATION.
6. "DISTRIBUTOR" MEANS A PERSON WHO SELLS CHILDREN'S PRODUCTS TO
RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
7. "INTENTIONALLY ADDED" MEANS THE DELIBERATE USE IN THE FORMULATION
OF A PRODUCT OR SUBPART WHERE ITS CONTINUED PRESENCE IS DESIRED IN THE
FINAL PRODUCT OR SUBPART TO PROVIDE A SPECIFIC CHARACTERISTIC, APPEAR-
ANCE OR QUALITY.
8. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A FINAL
CHILDREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE CHILDREN'S
PRODUCT. IN THE CASE OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE
UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR FIRST DOMESTIC
DISTRIBUTOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO CURRENTLY MANU-
FACTURES 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.
9. "NOVELTY PRODUCT" MEANS A PRODUCT INTENDED MAINLY FOR PERSONAL OR
HOUSEHOLD ENJOYMENT OR ADORNMENT. NOVELTY PRODUCTS INCLUDE, BUT ARE NOT
LIMITED TO, ITEMS INTENDED FOR USE AS PRACTICAL JOKES, FIGURINES, ADORN-
MENTS, TOYS, GAMES, CARDS, ORNAMENTS, YARD STATUES AND FIGURES, CANDLES,
JEWELRY, HOLIDAY DECORATIONS, OR SIMILAR PRODUCTS.
10. "PRIORITY CHEMICAL" MEANS (A) THE FOLLOWING CHEMICALS:
CASRN115-96-8 TRIS (2-CHLOROETHYL) PHOSPHATE
CASRN71-43-2 BENZENE
CASRN7439-92-1 LEAD AND COMPOUNDS (INORGANIC)
CASRN7439-97-6 MERCURY AND MERCURY COMPOUNDS, INCLUDING METHYL
MERCURY (CASRN 22967-92-6)
CASRN7439-98-7 MOLYBDENUM AND MOLYBDENUM COMPOUNDS
CASRN7440-36-0 ANTIMONY AND ANTIMONY COMPOUNDS
CASRN7440-38-2 ARSENIC AND ARSENIC COMPOUNDS INCLUDING ARSENIC
TRIOXIDE (CASRN 1327-53-3)
AND DIMETHYL ARSENIC (CASRN 75-60-5)
CASRN7440-43-9 CADMIUM
CASRN7440-48-4 COBALT AND COBALT COMPOUNDS AND
S. 2199 3
(B) A CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0905
OF THIS TITLE.
11. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER TO
BE USED BY A CHILD AT PLAY.
§ 37-0903. CHEMICALS OF HIGH CONCERN.
1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
BLE TO THE PUBLIC IS ESTABLISHED THAT LISTS ALL CHEMICALS OF HIGH
CONCERN.
2. PERIODIC REVIEW. (A) THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, MAY PERIODICALLY REVIEW THE LIST OF CHEMICALS OF
HIGH CONCERN AND, THROUGH REGULATION, IDENTIFY ADDITIONAL CHEMICALS OF
HIGH CONCERN, OR REMOVE A CHEMICAL FROM THE LIST OF CHEMICALS OF HIGH
CONCERN BASED ON EVIDENCE THAT THE CHEMICAL DOES NOT MEET THE CRITERIA
OF THIS SUBDIVISION. IN THE EVENT THAT A NEW DETERMINATION IS MADE BY A
STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY THAT A CHEMICAL
MEETS THE HIGH CONCERN CRITERIA, NOTHING HEREIN SHALL PREVENT THE
DEPARTMENT FROM ACTING TO ADD SUCH CHEMICALS OUTSIDE OF THE PERIODIC
REVIEW PROCESS.
(B) THE DEPARTMENT SHALL, UPON THIS REVIEW, IDENTIFY A CHEMICAL AS A
CHEMICAL OF HIGH CONCERN IF IT DETERMINES THAT THE CHEMICAL HAS BEEN
IDENTIFIED BY A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY ON
THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS:
(I) A CARCINOGEN, A REPRODUCTIVE OR DEVELOPMENTAL TOXICANT OR AN
ENDOCRINE DISRUPTOR;
(II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
(III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
(C) IN MAKING SUCH DETERMINATION, THE DEPARTMENT MAY CONSIDER BUT IS
NOT LIMITED TO CONSIDERING:
(I) CHEMICALS IDENTIFIED AS "GROUP 1 CARCINOGENS" OR "GROUP 2A CARCI-
NOGENS" BY THE WORLD HEALTH ORGANIZATION, INTERNATIONAL AGENCY FOR
RESEARCH ON CANCER;
(II) CHEMICALS IDENTIFIED AS "KNOWN TO BE A HUMAN CARCINOGEN" AND
"REASONABLY ANTICIPATED TO BE A HUMAN CARCINOGEN" BY THE SECRETARY OF
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO
THE PUBLIC HEALTH SERVICE ACT, 42 UNITED STATES CODE, SECTION 241(B)(4),
AS AMENDED;
(III) CHEMICALS IDENTIFIED AS "GROUP A CARCINOGENS" OR "GROUP B CARCI-
NOGENS" BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
(IV) CHEMICALS IDENTIFIED AS REPRODUCTIVE OR DEVELOPMENTAL TOXICANTS
BY:
(A) THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE EVALUATION OF RISKS TO HUMAN
REPRODUCTION; AND
(B) THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF ENVIRON-
MENTAL HEALTH HAZARD ASSESSMENT PURSUANT TO THE CALIFORNIA HEALTH AND
SAFETY CODE, SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986,
CHAPTER 6.6, SECTION 25249.8;
(V) CHEMICALS IDENTIFIED AS A CHEMICAL OF HIGH CONCERN FOR CHILDREN OR
A HIGH PRIORITY CHEMICAL OF HIGH CONCERN FOR CHILDREN OR AS A PERSISTENT
BIOACCUMULATIVE TOXIC CHEMICAL BY THE STATE OF WASHINGTON DEPARTMENT OF
ECOLOGY, PURSUANT TO CHAPTER 70.240 OF THE REVISED CODE OF WASHINGTON OR
CHAPTER 173-333 OF THE STATE OF WASHINGTON ADMINISTRATIVE CODE;
(VI) CHEMICALS OF HIGH CONCERN AS SUCH CHEMICALS ARE IDENTIFIED BY THE
STATE OF MAINE'S DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND APPEARING
ON SUCH DEPARTMENT'S LIST OF CHEMICALS OF HIGH CONCERN;
S. 2199 4
(VII) CHEMICALS IDENTIFIED AS KNOWN OR LIKELY ENDOCRINE DISRUPTORS
THROUGH SCREENING OR TESTING CONDUCTED IN ACCORDANCE WITH PROTOCOLS
DEVELOPED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT
TO THE UNITED STATES FOOD, DRUG AND COSMETIC ACT, 21 UNITED STATES CODE,
346A(P), AS AMENDED BY THE FEDERAL FOOD QUALITY PROTECTION ACT (PUBLIC
LAW 104-170) OR THE FEDERAL SAFE DRINKING WATER ACT, 42 UNITED STATES
CODE, SECTION 300J-17;
(VIII) CHEMICALS LISTED ON THE BASIS OF ENDOCRINE-DISRUPTING PROPER-
TIES IN ANNEX XIV, LIST OF SUBSTANCES SUBJECT TO AUTHORISATION, REGU-
LATION (EC) NO 1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE
REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS;
(IX) PERSISTENT, BIOACCUMULATIVE AND TOXIC CHEMICALS IDENTIFIED BY
OTHER STATES OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AND
(X) A VERY PERSISTENT, VERY BIOACCUMULATIVE CHEMICAL LISTED IN ANNEX
XIV, LIST OF SUBSTANCES SUBJECT TO AUTHORISATION, REGULATION (EC) NO
1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE REGISTRATION, EVALU-
ATION, AUTHORISATION AND RESTRICTION OF CHEMICALS.
§ 37-0905. PRIORITY CHEMICALS.
1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
BLE TO THE PUBLIC IS ESTABLISHED THAT LISTS ALL PRIORITY CHEMICALS.
2. PERIODIC REVIEW. (A) THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, MAY PERIODICALLY REVIEW THE LIST OF PRIORITY CHEM-
ICALS AND, THROUGH REGULATION, IDENTIFY ADDITIONAL PRIORITY CHEMICALS OR
REMOVE A CHEMICAL FROM THE LIST OF PRIORITY CHEMICALS BASED ON EVIDENCE
THAT THE CHEMICAL IS NOT PRESENT IN A CHILDREN'S PRODUCT OR OTHERWISE
SHOULD NOT BE SUBJECT TO THE REQUIREMENTS OF THIS TITLE. IN THE EVENT
THAT A NEW DETERMINATION IS MADE BY A STATE, FEDERAL OR INTERNATIONAL
GOVERNMENTAL ENTITY THAT A CHEMICAL MEETS THE PRIORITY CHEMICAL CRITE-
RIA, NOTHING HEREIN SHALL PREVENT THE DEPARTMENT FROM ACTING TO ADD SUCH
CHEMICALS OUTSIDE OF THE PERIODIC REVIEW PROCESS.
(B) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
IDENTIFY A CHEMICAL AS A PRIORITY CHEMICAL IF, UPON SUCH REVIEW, IT
DETERMINES THAT A CHEMICAL OF HIGH CONCERN MEETS ANY OF THE FOLLOWING
CRITERIA:
(I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND THROUGH BIOMONI-
TORING TO BE PRESENT IN HUMANS, INCLUDING HUMAN BLOOD, UMBILICAL CORD
BLOOD, BREAST MILK, URINE OR OTHER BODILY TISSUES OR FLUIDS;
(II) THE CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS TO BE
PRESENT IN HOUSEHOLD DUST, INDOOR AIR, DRINKING WATER OR ELSEWHERE IN
THE HOME ENVIRONMENT;
(III) THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT IN
FISH, WILDLIFE OR THE NATURAL ENVIRONMENT;
(IV) THE CHEMICAL IS PRESENT IN A CHILDREN'S PRODUCT USED OR PRESENT
IN THE HOME, SCHOOL, OR CHILDCARE CENTER; OR
(V) THE SALE OR USE OF THE CHEMICAL OR A PRODUCT CONTAINING THE CHEMI-
CAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE UNITED STATES
BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
(C) IF A CHEMICAL IS REMOVED FROM THE LISTING OF CHEMICALS OF HIGH
CONCERN, IT SHALL ALSO BE UNDESIGNATED AS A PRIORITY CHEMICAL.
§ 37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
1. REPORTING OF CHEMICAL USE. NO LATER THAN TWELVE MONTHS AFTER A
PRIORITY CHEMICAL IS LISTED ON THE LIST PUBLISHED PURSUANT TO SECTION
37-0905 OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S PROD-
UCT FOR SALE OR DISTRIBUTION IN THIS STATE THAT CONTAINS AN INTEN-
TIONALLY ADDED PRIORITY CHEMICAL SHALL REPORT SUCH CHEMICAL USE TO THE
S. 2199 5
DEPARTMENT IN A FORM PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY
COLLABORATE WITH OTHER STATES AND AN INTERSTATE CHEMICALS CLEARINGHOUSE
IN DEVELOPING SUCH FORM.
(A) THIS REPORT MUST AT A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT, THE
PRIORITY CHEMICAL OR CHEMICALS CONTAINED IN THE CHILDREN'S PRODUCT, AND
THE INTENDED PURPOSE OF THE CHEMICALS IN THE CHILDREN'S PRODUCT. THE
DEPARTMENT MAY ALSO REQUIRE REPORTING OF THE FOLLOWING INFORMATION:
(I) THE POTENTIAL FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT FROM
SPECIFIC USES OF THE PRIORITY CHEMICAL;
(II) THE AMOUNT OF SUCH CHEMICAL IN EACH UNIT OF THE CHILDREN'S PROD-
UCT, EXPRESSED IN A RANGE;
(III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
FROM THE CHILDREN'S PRODUCT TO THE ENVIRONMENT DURING THE PRODUCT'S LIFE
CYCLE AND THE EXTENT TO WHICH USERS OF THE PRODUCT ARE LIKELY TO BE
EXPOSED TO THE CHEMICAL; OR
(IV) INFORMATION ON THE EXTENT TO WHICH THE CHEMICAL IS PRESENT IN THE
ENVIRONMENT OR HUMAN BODY.
(B) THE DEPARTMENT IS AUTHORIZED TO DIRECT SUBMISSION OF A COPY OF
SUCH REPORT TO THE INTERSTATE CHEMICALS CLEARINGHOUSE.
2. WAIVER OF REPORTING. UPON APPLICATION BY A MANUFACTURER, THE
COMMISSIONER MAY WAIVE ALL OR PART OF THE REPORTING REQUIREMENTS UNDER
SUBDIVISION ONE OF THIS SECTION FOR ONE OR MORE SPECIFIED USES OF A
PRIORITY CHEMICAL. IN MAKING SUCH DETERMINATION, THE COMMISSIONER MAY
CONSIDER: (A) IF SUBSTANTIALLY EQUIVALENT INFORMATION IS ALREADY PUBLIC-
LY AVAILABLE OR THAT THE INFORMATION IS NOT NEEDED FOR THE PURPOSES OF
THIS CHAPTER, (B) SIMILAR WAIVERS GRANTED BY OTHER STATES, AND (C)
WHETHER THE SPECIFIED USE OR USES ARE MINOR IN VOLUME.
3. NOTICE TO RETAILERS. A MANUFACTURER OR DISTRIBUTOR OF A CHILDREN'S
PRODUCT CONTAINING A PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER
THE CHILDREN'S PRODUCT FOR SALE OR DISTRIBUTION IN THE STATE, IN A FORM
PRESCRIBED BY THE DEPARTMENT, OF THE PRESENCE OF SUCH PRIORITY CHEMICAL,
AND PROVIDE SUCH PERSONS WITH INFORMATION REGARDING THE TOXICITY OF SUCH
CHEMICAL.
4. FEES. THE MANUFACTURER OR DISTRIBUTOR SHALL PAY A FEE UPON
SUBMISSION OF A REPORT OF CHEMICAL USE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION OR A WAIVER REQUEST PURSUANT TO SUBDIVISION TWO OF THIS
SECTION TO COVER THE DEPARTMENT'S REASONABLE COSTS IN THE AMOUNT OF SIX
HUNDRED DOLLARS PER CHEMICAL.
§ 37-0909. SALES PROHIBITION.
EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO PERSON SHALL
DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE A CHILDREN'S PRODUCT
CONTAINING A PRIORITY CHEMICAL THAT HAS BEEN LISTED FOR AT LEAST ONE
YEAR. THIS PROVISION SHALL NOT APPLY TO A CHILDREN'S PRODUCT SOLELY
BASED ON ITS CONTAINING AN ENCLOSED BATTERY OR ENCLOSED ELECTRONIC
COMPONENTS. THE COMMISSIONER MAY EXEMPT A CHILDREN'S PRODUCT FROM THIS
PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK OF AVAILABILITY
OF THE CHILDREN'S PRODUCT COULD POSE AN UNREASONABLE RISK TO PUBLIC
HEALTH, SAFETY OR WELFARE.
§ 37-0911. APPLICABILITY.
1. NEW CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY
TO CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND DOES
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
CHARITIES.
2. INDUSTRY. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO PRIORI-
TY CHEMICALS USED IN OR FOR INDUSTRY OR MANUFACTURING, INCLUDING CHEMI-
S. 2199 6
CALS PROCESSED OR OTHERWISE USED IN OR FOR INDUSTRIAL OR MANUFACTURING
PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT.
3. TRANSPORTATION. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO
MOTOR VEHICLES OR THEIR COMPONENT PARTS, WATERCRAFT OR THEIR COMPONENT
PARTS, ALL TERRAIN VEHICLES OR THEIR COMPONENT PARTS, OR OFF-HIGHWAY
MOTORCYCLES OR THEIR COMPONENT PARTS, EXCEPT THAT THE USE OF PRIORITY
CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
4. COMBUSTION. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO
PRIORITY CHEMICALS GENERATED SOLELY AS COMBUSTION BY-PRODUCTS OR THAT
ARE PRESENT IN COMBUSTIBLE FUELS.
5. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
UNLESS THAT RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT CONTAINING A
PRIORITY CHEMICAL AFTER THE EFFECTIVE DATE OF ITS PROHIBITION FOR WHICH
THAT RETAILER HAS RECEIVED PRIOR NOTIFICATION FROM A MANUFACTURER,
DISTRIBUTOR OR THE STATE.
§ 37-0913. ENFORCEMENT AND IMPLEMENTATION.
1. FAILURE TO PROVIDE NOTICE. A CHILDREN'S PRODUCT CONTAINING A PRIOR-
ITY CHEMICAL MAY NOT BE SOLD, OFFERED FOR SALE OR DISTRIBUTED FOR SALE
IN THIS STATE UNLESS THE MANUFACTURER OR DISTRIBUTOR HAS PROVIDED THE
NOTIFICATION REQUIRED UNDER SECTION 37-0907 OF THIS TITLE BY THE DATE
REQUIRED IN SUCH SECTION. THE COMMISSIONER MAY EXEMPT A CHILDREN'S PROD-
UCT FROM THIS PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK
OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD POSE AN UNREASONABLE
RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
2. STATEMENT OF COMPLIANCE. IF THERE ARE GROUNDS TO SUSPECT THAT A
CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
THE DEPARTMENT MAY REQUEST THE MANUFACTURER OR DISTRIBUTOR OF THE CHIL-
DREN'S PRODUCT TO PROVIDE A STATEMENT OF COMPLIANCE ON A FORM PROVIDED
BY THE DEPARTMENT, WITHIN TEN DAYS OF RECEIPT OF A REQUEST FROM THE
DEPARTMENT. THE STATEMENT OF COMPLIANCE SHALL:
(A) ATTEST THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE PRIORITY
CHEMICAL; OR
(B) ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT NOTIFI-
CATION OF THE PRESENCE OF THE PRIORITY CHEMICAL HAS BEEN PROVIDED TO THE
DEPARTMENT OR PROVIDE NOTICE AS REQUIRED BY SECTION 37-0907 OF THIS
TITLE; OR
(C) ATTEST THAT THE MANUFACTURER HAS NOTIFIED PERSONS WHO SELL THE
PRODUCT IN THIS STATE THAT THE SALE OF THE CHILDREN'S PRODUCT IS PROHIB-
ITED.
§ 37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
1. THE DEPARTMENT IS AUTHORIZED TO PARTICIPATE IN AN INTERSTATE CHEMI-
CALS CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE REQUIREMENTS OF THIS
TITLE. THE DEPARTMENT SHALL WORK IN COLLABORATION WITH OTHER STATES AND
AN INTERSTATE CHEMICALS CLEARINGHOUSE FOR THE PURPOSE OF, INCLUDING BUT
NOT LIMITED TO:
(A) COLLECTION AND DISSEMINATION OF INFORMATION REGARDING CHEMICAL
HAZARDS;
(B) COLLECTION AND DISSEMINATION OF INFORMATION REGARDING THE USE OF
CHEMICALS IN CHILDREN'S PRODUCTS;
(C) ASSESSMENT OF ALTERNATIVES TO CHEMICALS AND THEIR USE IN PRODUCTS;
AND
(D) PUBLIC EDUCATION.
2. SUCH CLEARINGHOUSE IS AUTHORIZED TO MAINTAIN INFORMATION ON BEHALF
OF THE STATE OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, INFORMATION
REGARDING CHEMICALS CONTAINED IN CHILDREN'S PRODUCTS DISCLOSED PURSUANT
TO SECTION 37-0907 OF THIS TITLE.
S. 2199 7
§ 37-0917. REGULATIONS.
THE DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the department of
environmental conservation is authorized to implement rules and regu-
lations for the timely implementation of this act on its effective date.
