Senate Bill S5349

Signed By Governor
2019-2020 Legislative Session

Relates to regulation of toxic chemicals in children's products

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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2019-S5349 (ACTIVE) - Details

See Assembly Version of this Bill:
A7371
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§37-0901 & 37-0907, En Con L (as proposed in S. 501-B and A. 6296-A)

2019-S5349 (ACTIVE) - Summary

Makes a chapter amendment to the regulation of toxic chemicals in children's products; defines "trace contaminant".

2019-S5349 (ACTIVE) - Sponsor Memo

2019-S5349 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5349
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.  Section 37-0901 of the environmental conservation law, as
 added by a chapter of the  laws  of  2019,  amending  the  environmental
 conservation law relating to regulation of toxic chemicals in children's
 products,  as  proposed  in  legislative  bills  numbers S. 501-B and A.
 6296-A, is amended by adding a new subdivision 11 to read as follows:
   11. "TRACE CONTAMINANT" MEANS A TRACE AMOUNT OF A CHEMICAL  OR  CHEMI-
 CALS  THAT  IS  INCIDENTAL  TO  MANUFACTURING,  INCLUDING  AN UNINTENDED
 BY-PRODUCT OF CHEMICAL REACTIONS DURING THE  MANUFACTURE  OF  THE  CHIL-
 DREN'S  PRODUCT, A TRACE IMPURITY IN FEED-STOCK, AN INCOMPLETELY REACTED
 CHEMICAL MIXTURE, OR A DEGRADATION PRODUCT.
   § 2. Subdivisions 1 and 2 of  section  37-0907  of  the  environmental
 conservation  law,  as  added by a chapter of the laws of 2019, amending
 the environmental conservation law relating to regulation of toxic chem-
 icals in children's products, as proposed in legislative  bills  numbers
 S. 501-B and A. 6296-A, are amended to read as follows:
   1. Effective January first, two thousand twenty-three, no person shall
 distribute,  sell  or  offer for sale in this state a children's product
 containing tris (1, 3 dichloro-2-propyl) phosphate, benzene,  formaldeh-
 yde  (other than in textiles), asbestos, and organohalogen flame [retar-
 dents] RETARDANTS.  This provision shall not apply: (a) to a  children's
 product  solely  based on its containing an enclosed battery or enclosed
 electronic components [and]; (b) where state  regulation  of  children's
 products is preempted by federal law; OR (C) WHERE THE CHEMICAL IS PRES-
 ENT  AS  A  TRACE  CONTAMINANT. The commissioner may exempt a children's
 product from this prohibition if, in the  commissioner's  judgment,  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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