NY State Senate Bill 2019-S3166

Senate Bill S3166

2019-2020 Legislative Session

Prohibits the manufacture, distribution and sale of toys and child care products containing phthalates

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection 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 consumer protection
Feb 04, 2019	referred to consumer protection

2019-S3166 (ACTIVE) - Details

See Assembly Version of this Bill:: A756
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §397-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2690
2011-2012: A4212
2013-2014: A5295
2015-2016: A386
2017-2018: A994
2021-2022: S291, A1554
2023-2024: S2332, A432

2019-S3166 (ACTIVE) - Summary

Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

2019-S3166 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3166

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
manufacture, distribution and sale of toys and child care products
containing phthalates

 
PURPOSE:

This bill prohibits the manufacturing of toys containing an excess of
0.1 percent of the compound known as phthalate in order to safeguard
children from this toxic substance.

 
SUMMARY OF PROVISIONS:

Section one sets forth the legislative intent

Section two amends the general business law is amended by adding a new
section 397-b.

Section three sets forth the effective date.

 
JUSTIFICATION:

Why does the United States remain one of the few developed countries to
allow children to play with toys that scientists say may cause infertil-
ity in boys? The toys in question contain substances called phthalates
(pronounced "thalates"). While the European Union has banned these
substances in products meant for children, there is powerful resistance
from the chemical and toy industries to doing the same here in the
United States.

Recently, citizens in California and San Francisco successfully passed
bans on phthalates in children's toys. This legislation will codify this
important child safety measure in New York State.  Phthalates help make
plastic toys like some rubber ducks and teething rings soft and pliable.
But scientific evidence suggests that exposure to phthalates (which are
also used in dozens of other consumer items like, makeup, shampoos and
shower curtains) may interfere with-the sexual development of boys. Last
year, San Francisco became the first U.S. city to ban phthalates in
toys. The toy and chemical industries sued the city to block implementa-
tion, claiming there's not enough evidence to warrant any action. A
similar ban is set to take effect throughout the state of California in
2009.

In October 2003, the European Commission presented a proposal for a new
EU regulatory system for chemicals. A regulatory plan was proposed
because the Commission believed that the current legislative framework
for chemicals in the EU did not produce sufficient information about the
effects of chemicals on human health and the environment.

In addition, the risk assessment process was slow and resource-intensive
and did not allow the regulatory system to work efficiently and effec-
tively. The European plan puts the burden on manufacturers, importers,
and downstream users to ensure that they manufacture, place on the
market, or use such substances that do not adversely affect human health
or the environment. The plan was approved in December 2006 and went into
effect in June 2007.  In the United States, we continue to allow our
children to play with toys made with dangerous and toxic chemicals.
Europe is also moving to ban the use of artificial food colorings, espe-
cially in food for children because of proven health risks. In the
United States we continue our carefree attitude that imperils the health
of our children. A ban on the use of phthalates is needed in New York
and the United States so that American children can have the same safety
protections enjoyed by children in Europe.

 
LEGISLATIVE HISTORY:

2017-18: A.994 - Referred to Consumer Affairs and Protection
2015-16:  A.386 - Reported to Codes
2013-14: A.5295-A - Reported to Codes
2011-12: A.4212 - Referred to Consumer Affairs and Protection

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This bill shall take effect twenty-four months after it shall have
become a law.

2019-S3166 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3166
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 prohibiting the
   manufacture, distribution and sale of toys  and  child  care  products
   containing phthalates

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 phthalates  are  a  class  of chemicals used in polyvinyl chloride (PVC)
 plastic to improve flexibility and in cosmetics to bind fragrance to the
 product. Phthalates are used in  many products intended for use by young
 children including, but not limited to, teethers, toys and soft  plastic
 books.
   It  is  further  found  that  there is extensive scientific literature
 reporting the hormone disrupting effect of phthalates,  and  substantial
 evidence that levels of the phthalates of concern are found in humans at
 levels  associated  with  adverse  effects. Population studies show that
 virtually everyone carries some level of phthalates in their  body.  For
 the general population, the oral route of exposure is considered a major
 route.
   § 2. The general business law is amended by adding a new section 397-b
 to read as follows:
   § 397-B. TOYS AND CHILD CARE PRODUCTS; PHTHALATES. 1. FOR THE PURPOSES
 OF THIS SECTION:
   (A)  "CHILD  CARE  ARTICLE" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY
 THE MANUFACTURER TO FACILITATE SLEEP, RELAXATION OR THE FEEDING OF CHIL-
 DREN, OR TO HELP CHILDREN WITH SUCKING OR TEETHING;
   (B) "TOY" MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE  MANUFACTURER
 TO BE USED BY CHILDREN WHEN THEY PLAY.
   2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE

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

                                                            LBD03326-01-9

 S. 3166                             2
 
 ANY TOY OR CHILD CARE PRODUCT CONTAINING DI(2-ETHYLEXYL)PHTHALATE, DIBU-
 TYL PHTHALATE OR BUTYL BENZYL PHTHALATE IN CONCENTRATIONS IN  EXCESS  OF
 0.1 PERCENT.
   3. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY  OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE
 ANY TOY OR CHILD CARE PRODUCT CONTAINING DI-ISONONYL PHTHALATE,  DI-ISO-
 DECYL  PHTHALATE  OR DI-N-OCTYL PHTHALATE IN CONCENTRATIONS IN EXCESS OF
 0.1 PERCENT, INTENDED FOR USE BY A CHILD UNDER THREE YEARS OF  AGE  WHEN
 SUCH TOY OR PRODUCT MAY BE PLACED IN THE CHILD'S MOUTH.
   4.  EVERY  MANUFACTURER OF A PRODUCT OR TOY PROHIBITED BY THIS SECTION
 SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A OR PHTHALATE IN
 THE TOY OR PRODUCT. SUCH ALTERNATIVE SHALL NOT BE (I) A CARCINOGEN RATED
 BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A, B OR C CARCI-
 NOGENS, OR SUBSTANCES LISTED AS KNOWN OR LIKELY CARCINOGENS, KNOWN TO BE
 HUMAN CARCINOGENS, LIKELY TO BE HUMAN CARCINOGENS OR SUGGESTIVE OF BEING
 HUMAN CARCINOGENS, AS DESCRIBED IN THE "LIST OF CHEMICALS EVALUATED  FOR
 CARCINOGEN  POTENTIAL";  OR (II) REPRODUCTIVE TOXICANTS THAT CAUSE BIRTH
 DEFECTS, REPRODUCTIVE HARM OR DEVELOPMENTAL HARM AS  IDENTIFIED  BY  THE
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
   5.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
 COMPANY OR CORPORATION WHICH VIOLATES  ANY  PROVISION  OF  THIS  SECTION
 SHALL  BE  LIABLE FOR A CIVIL FINE OF NOT LESS THAN TEN THOUSAND DOLLARS
 FOR EACH DAY OF SUCH VIOLATION.
   § 3. This act shall take effect twenty-four months after it shall have
 become a law.

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