NY State Senate Bill 2019-S2299

Senate Bill S2299

2019-2020 Legislative Session

Prohibits the manufacture, distribution and sale of children's foam mats containing formamide

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 23, 2019	referred to environmental conservation

2019-S2299 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 4 §§37-0401 - 37-0409, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7806
2015-2016: S583
2017-2018: S497, S7089
2021-2022: S2956
2023-2024: S2983

2019-S2299 (ACTIVE) - Summary

Prohibits the manufacture, distribution and sale of children's foam mats containing formamide.

2019-S2299 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2299

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the manufacture, distribution and sale of children's foam
mats containing formamide

 
PURPOSE:

To prohibit children's foam mats and exercise mats from containing the
chemical formamide, as formamide has been found to be a health hazard to
both children and adults.

 
SUMMARY OF PROVISIONS:

Section I amends Article 37 of the environmental conservation law by
adding Title 4, that would prohibit the manufacture, distribution, and
sale of foam mat products containing formamide. The bill would also
amend the environmental conservation law to create a penalty for those

who violate any of its provisions.

Section II sets forth the effective date.

 
JUSTIFICATION:

The chemical formamide has been found to be harmful to those who come in
contact with it, particularly when it exists in high quantifies in foam
mats intended for children. Formamide is toxic to the reproductive
system and can pose harm to fetuses and infants.  Exposure to the chemi-
cal can also cause eye, nose, throat and skin irritation. Mats contain-
ing formamide have been banned and removed from shelves in Belgium and
France because of these safety concerns.  Prohibiting the sale of these
foam mats would create a safer environment for New York's children and
families.

 
LEGISLATIVE HISTORY:

2018: S7089 - REFERRED TO ENVIRONMENTAL CONSERVATION

2017: S497 - REFERRED TO ENVIRONMENTAL CONSERVATION

2016: S583A - AMENDED AND RECOMMITTED TO ENVIRONMENTAL CONSERVATION

2015: S583/A106 - REFERRED TO ENVIRONMENTAL CONSERVATION/ advanced to
third reading

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2299 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2299
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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
   prohibiting  the manufacture, distribution and sale of children's foam
   mats containing formamide

   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 4 to read as follows:
                                 TITLE IV
                                 FORMAMIDE
 SECTION 37-0401. SHORT TITLE.
         37-0403. DEFINITIONS.
         37-0405. FOAM MAT PRODUCTS.
         37-0407. PREEMPTION.
         37-0409. RULES AND REGULATIONS.
 § 37-0401. SHORT TITLE.
   THIS  TITLE  SHALL  BE  KNOWN  AND MAY BE CITED AS THE "FORMAMIDE-FREE
 CHILDREN'S PRODUCT ACT".
 § 37-0403. DEFINITIONS.
   AS USED IN THIS TITLE: (A) "FOAM MAT PRODUCT" MEANS  ALL  MATS,  PADS,
 MATTRESSES  AND CUSHIONS DESIGNED FOR USE BY CHILDREN THREE YEARS OLD OR
 YOUNGER, INCLUDING MATS, PADS, MATTRESSES AND CUSHIONS  USED  AS  OR  IN
 CONNECTION  WITH  BEDDING,  CHANGING PLATFORMS, STROLLERS AND CARRIAGES,
 HIGH CHAIRS, CAR SEATS, PLAY PENS AND TOYS.
   (B) "FORMAMIDE" MEANS THE CHEMICAL IDENTIFIED BY CAS  NUMBER  75-12-7,
 INCLUDING METHANAMIDE AND CARBAMALDEHYDE.
 § 37-0405. FOAM MAT PRODUCTS.
   1. BEGINNING DECEMBER FIRST, TWO THOUSAND TWENTY-ONE, NO PERSON, FIRM,
 PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02358-01-9

 S. 2299                             2
 
 SELL  OR  OFFER  FOR  SALE IN THIS STATE ANY FOAM MAT PRODUCT CONTAINING
 FORMAMIDE.
   2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
 DISTRIBUTION OF FOAM MAT PRODUCTS  RESOLD  OR  OFFERED  FOR  RESALE,  OR
 DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
 § 37-0407. PREEMPTION.
   JURISDICTION  IN  ALL  MATTERS PERTAINING TO FORMAMIDE WHICH ARE REGU-
 LATED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL  BE  VESTED  EXCLU-
 SIVELY IN THE STATE.
 § 37-0409. RULES AND REGULATIONS.
   THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
 AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   § 2. This act shall take effect immediately.

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