A6195A-2011 Actions

• Aug 1, 2011: signed chap.259
• Jul 22, 2011: delivered to governor
• Jun 21, 2011: RETURNED TO ASSEMBLY
• Jun 21, 2011: PASSED SENATE
• Jun 21, 2011: 3RD READING CAL.1465
• Jun 21, 2011: SUBSTITUTED FOR S4085A
• Jun 14, 2011: REFERRED TO RULES
• Jun 14, 2011: delivered to senate
• Jun 14, 2011: passed assembly
• Jun 13, 2011: ordered to third reading rules cal.116
• Jun 13, 2011: rules report cal.116
• Jun 13, 2011: reported
• Jun 9, 2011: amend and recommit to rules 6195a
• Jun 7, 2011: reported referred to rules
• Apr 5, 2011: reported referred to codes
• Mar 9, 2011: referred to environmental conservation

A6195A-2011 Votes

A6195A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6195--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 March 9, 2011
 
 Introduced  by  M.  of  A. SWEENEY, COLTON, ROBINSON, ZEBROWSKI, REILLY,
 COOK, JAFFEE, ROSENTHAL, N. RIVERA,  BARRON,  MARKEY,  WEPRIN,  GALEF,
 P. RIVERA,  CYMBROWITZ,  LIFTON, MAISEL, MILLMAN, MENG, ROBERTS, BENE
 DETTO, SCHIMEL, HOOPER, ENGLEBRIGHT -- Multi-Sponsored by -- M. of  A.
 ABINANTI,  CASTELLI,  GLICK, LATIMER, LUPARDO, MAGEE, NOLAN, THIELE -
 read once and referred to the Committee on Environmental  Conservation
 --  reported and referred to the Committee on Rules -- Rules Committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to the Committee on Rules
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 prohibiting the sale of child products containing TRIS
 

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 7 to read as follows:

 TITLE VII
 TRIS
 SECTION 37-0701. SHORT TITLE.
 37-0703. DEFINITIONS.
 37-0705. CHILD CARE PRODUCTS.
 37-0707. PREEMPTION.
 37-0709. RULES AND REGULATIONS.
 

S 37-0701. SHORT TITLE.
 THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE "TRIS-FREE  CHILDREN
 AND BABIES ACT".
 

S 37-0703. DEFINITIONS.
 AS USED IN THIS TITLE:

 1.  "CHILD  CARE PRODUCT" MEANS A CONSUMER PRODUCT INTENDED FOR USE BY
 CHILDREN UNDER THREE YEARS OF AGE, SUCH  AS  BABY  PRODUCTS,  TOYS,  CAR
 SEATS, NURSING PILLOWS, CRIB MATTRESSES, AND STROLLERS.
 2. "TRIS" SHALL INCLUDE TCEP (TRIS (2-CHLOROETHYL) PHOSPHATE).
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08997-05-1
 
       A. 6195--A                          2
 

S 37-0705. CHILD CARE PRODUCTS.
 1.  BEGINNING  DECEMBER FIRST, TWO THOUSAND THIRTEEN, NO PERSON, FIRM,
 PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
 SELL OR OFFER FOR SALE ANY CHILD CARE PRODUCT  INTENDED  FOR  USE  BY  A
 CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING TRIS.
 2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
 DISTRIBUTION OF CHILD CARE PRODUCTS RESOLD OR  OFFERED  FOR  RESALE,  OR
 DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
 

S 37-0707. PREEMPTION.
 JURISDICTION  IN  ALL  MATTERS  PERTAINING TO TRIS WHICH ARE REGULATED
 PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLUSIVELY  IN
 THE STATE.
 

S 37-0709. 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.
 

S 2.

Section 71-3703 of the environmental conservation law, as amended
 by chapter 280 of the laws of 2010, is amended to read as follows:

 

S 71-3703. Enforcement of article 37.
 1. Any person who violates any of the provisions of, or who  fails  to
 perform  any  duty  imposed by section 37-0107 or any rule or regulation
 promulgated pursuant hereto, shall be liable for a civil penalty not  to
 exceed  two thousand five hundred dollars for each such violation and an
 additional penalty of not more than five hundred dollars  for  each  day
 during  which  such  violation continues, and, in addition thereto, such
 person may be enjoined from continuing such violation.
 2. Any person who violates any of the provisions of, or who  fails  to
 perform  any  duty  imposed by section 37-0505 or any rule or regulation
 promulgated pursuant hereto, shall be liable for a civil penalty not  to
 exceed  one  thousand  dollars  for each day during which such violation
 continues, and in addition thereto, such person  may  be  enjoined  from
 continuing  such  violation. Such person shall for a second violation be
 liable to the people of the state for a civil penalty not to exceed  two
 thousand  five  hundred dollars for each day during which such violation
 continues.
 3. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
 PERFORM  ANY  DUTY  IMPOSED BY SECTION 37-0705 OR ANY RULE OR REGULATION
 PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT  TO
 EXCEED  ONE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
 CONTINUES, AND IN ADDITION THERETO, SUCH PERSON  MAY  BE  ENJOINED  FROM
 CONTINUING  SUCH  VIOLATION. SUCH PERSON SHALL FOR A SECOND VIOLATION BE
 LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED  TWO
 THOUSAND  FIVE  HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
 CONTINUES.
 

S 3. This act shall take effect immediately.

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