BILL NUMBER: S2332

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 1 provides the legislative findings that phthalates are a class
of chemicals used in polyvinyl chloride which is found in the plastic
used in many products intended for young children including pacifiers
and teethers. It also explains that phthalates are reported to disrupt
hormones and the exposure is primarily oral.
              

Section 2 amends the general business law by adding a new section 397-b
which defines child care article and toy. It also prohibits individuals,
firms, partnerships, associations, limited liability companies, and
corporations from the manufacture, distribution, sale, of any child care
product containing diphthalate, dibutyl phthalate, or butyl benzyl
phthalate in concentrations in excess of 0.1 percent and requires that
manufacturers use the least toxic alternative.  Finally this section
provides the civil fine for violation of not less than ten thousand
dollars for each day of such violation.

Section 3 provides 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.
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:

S291 of 2021-22: Referred to Consumer Protection.

S3166 of 2019-20:  Referred to Consumer Protection.

 
FISCAL IMPLICATIONS:

Undetermined.

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