Enacts the "bisphenol A-free children and babies act"; prohibits the manufacture, distribution and sale of child care products containing bisphenol A; prohibits the manufacture, distribution and sale of beverage and food containers containing bisphenol A; requires product labeling.

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S3296H-2009 Actions

• Jul 30, 2010: SIGNED CHAP.280
• Jul 19, 2010: DELIVERED TO GOVERNOR
• Jun 23, 2010: returned to senate
• Jun 23, 2010: passed assembly
• Jun 23, 2010: ordered to third reading cal.459
• Jun 23, 2010: substituted for a6919d
• Jun 22, 2010: referred to codes
• Jun 22, 2010: RETURNED TO ASSEMBLY
• Jun 22, 2010: REPASSED SENATE
• Jun 2, 2010: AMENDED ON THIRD READING 3296H
• Jun 2, 2010: VOTE RECONSIDERED - RESTORED TO THIRD READING
• Jun 2, 2010: returned to senate
• Jun 2, 2010: RECALLED FROM ASSEMBLY
• Apr 21, 2010: referred to environmental conservation
• Apr 20, 2010: DELIVERED TO ASSEMBLY
• Apr 20, 2010: PASSED SENATE
• Apr 20, 2010: ORDERED TO THIRD READING CAL.399
• Apr 20, 2010: REPORTED AND COMMITTED TO RULES
• Apr 13, 2010: REPORTED AND COMMITTED TO FINANCE
• Feb 3, 2010: PRINT NUMBER 3296G
• Feb 3, 2010: AMEND AND RECOMMIT TO CODES
• Feb 2, 2010: REPORTED AND COMMITTED TO CODES
• Jan 22, 2010: PRINT NUMBER 3296F
• Jan 22, 2010: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 6, 2010: REFERRED TO ENVIRONMENTAL CONSERVATION
• Sep 4, 2009: PRINT NUMBER 3296E
• Sep 4, 2009: AMEND AND RECOMMIT TO CODES
• Sep 2, 2009: PRINT NUMBER 3296D
• Sep 2, 2009: AMEND AND RECOMMIT TO CODES
• Apr 21, 2009: PRINT NUMBER 3296C
• Apr 21, 2009: AMEND AND RECOMMIT TO CODES
• Mar 30, 2009: PRINT NUMBER 3296B
• Mar 30, 2009: AMEND AND RECOMMIT TO CODES
• Mar 24, 2009: REPORTED AND COMMITTED TO CODES
• Mar 19, 2009: PRINT NUMBER 3296A
• Mar 19, 2009: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Mar 13, 2009: REFERRED TO ENVIRONMENTAL CONSERVATION

S3296H-2009 Calendars

Active List: Jun 21, 2010 , Active List: Jun 22, 2010 , Floor Calendar: Jun 3, 2010 , Floor Calendar: Jun 7, 2010 , Floor Calendar: Jun 8, 2010 , Floor Calendar: Jun 9, 2010 , Floor Calendar: Jun 10, 2010 , Floor Calendar: Jun 14, 2010 , Floor Calendar: Jun 15, 2010 , Floor Calendar: Jun 16, 2010 , Floor Calendar: Jun 17, 2010 , Floor Calendar: Jun 18, 2010 , Floor Calendar: Jun 21, 2010 , Floor Calendar: Jun 22, 2010

S3296H-2009 Votes

S3296H-2009 Memo

BILL NUMBER:S3296H              REVISED 06/08/10

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the manufacture, distribution and sale of child pacifiers
and beverage containers containing bisphenol A

PURPOSE OF THE BILL:
The bill would prohibit the manufacture, distribution and sale of
certain child care products containing bisphenol-A which are intended
for use by or upon a child.

SUMMARY OF PROVISIONS:
The bill would prohibit the manufacture, distribution, sale or offer for
sale of any child care product containing bisphenol-A intended for use
by a child three years or age or under. Child care products include
pacifiers, unfilled beverage containers, baby bottles, baby bottle lines
and cups, cup lids, straws and sippy cups.

The bill also allows the DEC Commissioner to authorize labeling for
Child care products covered in this title that do not contain bisphenol.
The bill would vest exclusive right of the State to regulate BPA for
those products contained in this bill. DEC is authorized to promulgate
rules and regulations.

The bill also contains civil penalties for violation of its provisions.

JUSTIFICATION:
Bisphenol-A is an estrogen-mimicking endocrine disrupter chemical used
in the production of epoxy resins and polycarbonate plastics and is the
main ingredient in hard polycarbonate plastics. BPA has been linked to
breast and prostate cancer, early-onset puberty and polycystic ovary
syndrome. These plastics are used in many foods and drink packaging
applications. Bisphenol-A has been shown to be a hormone disruptor and
is used in many products used by children, including pacifiers, baby
bottles, sippy cups and cup lids, baby bottle lines and straws. This
chemical has been shown to be present in most of the population.

The age of three reflects the type of products that are used by infants
and very young children. This bill will significantly reduce the risk
posed to children by these chemicals. Canada has announced that it is
proposing a ban on polycarbonate baby bottles and strict limits on BPA
in infant formula cans. Nalgene has already announced that it will be
phasing out the use of BPA in its plastic containers, including sports
bottles. WalMart Canada has announced that it will immediately stop
selling baby bottles, sippy cups, pacifiers, food containers and water
bottles that contain BPA. Vermont and Connecticut have enacted laws that
are similar to this proposal. Four counties in NYS have enacted local
laws prohibiting the use of BPA in sippy cups and baby bottles.

PRIOR LEGISLATIVE HISTORY:

Introduced in 2007.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act would take effect immediately and the BPA ban would take effect
on December 1, 2010.

S3296H-2009 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3296--H
      Cal. No. 399

                         2009-2010 Regular Sessions

                              I N  SENATE

                               March 13, 2009
                                 ___________

  Introduced   by   Sens.   THOMPSON,   FOLEY,   LANZA,   BRESLIN,   DIAZ,
    HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KRUEGER,  MONTGOMERY,  ONORATO,
    OPPENHEIMER,  PARKER, PERKINS, SAMPSON, SERRANO, SQUADRON, STAVISKY --
    read twice and ordered printed, and when printed to  be  committed  to
    the  Committee  on Environmental Conservation -- committee discharged,
    bill amended, ordered reprinted as amended  and  recommitted  to  said
    committee  --  reported favorably from said committee and committed to
    the Committee on Codes -- committee discharged, bill amended,  ordered
    reprinted  as  amended  and recommitted to said committee -- committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee  --  committee  discharged,  bill  amended,  ordered
    reprinted  as  amended  and recommitted to said committee -- committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee -- recommitted to  the  Committee  on  Environmental
    Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee  --  reported  favorably  from  said  committee  and
    committed  to  the  Committee  on  Codes -- committee discharged, bill
    amended, ordered reprinted as amended and recommitted to said  commit-
    tee  --  reported  favorably  from said committee and committed to the
    Committee on Finance -- reported favorably  from  said  committee  and
    committed  to  the  Committee on Rules -- reported favorably from said
    committee, ordered to a third reading, passed by Senate and  delivered
    to  the Assembly, recalled, vote reconsidered, restored to third read-
    ing, amended and ordered reprinted, retaining its place in  the  order
    of third reading

  AN  ACT  to  amend  the  environmental  conservation law, in relation to
    prohibiting the manufacture, distribution and sale of child  pacifiers
    and beverage containers containing bisphenol A

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10403-26-0

 S. 3296--H                          2

    Section 1.  Legislative intent.   The legislature  hereby  finds  that
  bisphenol A (BPA), a principal component in the production of polycarbo-
  nate  rigid  plastic, is used in many products intended for use by young
  children.
    According  to  the  U.S.  Centers  for  Disease  Control, ninety-three
  percent of Americans have detectable levels  of  bisphenol  A  in  their
  bodies.  Research studies have found that babies and toddlers have high-
  er  levels  of  bisphenol  A  in  their bodies than do adults because of
  greater exposure and reduced capacity to metabolize bisphenol A.
    Bisphenol A is a known estrogen-mimicking endocrine  disruptor  chemi-
  cal.  Endocrine disruption has been linked to a greater number of common
  ailments, including heart disease, immune system disruption, brain dete-
  rioration, type-2 diabetes, cancer and obesity.
    The  state  of New York must act to significantly reduce the harm from
  bisphenol A, particularly for infants and children, the most  vulnerable
  within our population.
    S  2.  Article  37 of the environmental conservation law is amended by
  adding a new title 5 to read as follows:

                                   TITLE 5
                                 BISPHENOL A
  SECTION 37-0501. SHORT TITLE.
          37-0503. DEFINITIONS.
          37-0505. CHILD CARE PRODUCTS.
          37-0507. PRODUCT LABELING.
          37-0509. PREEMPTION.
          37-0511. RULES AND REGULATIONS.
  S 37-0501. SHORT TITLE.
    THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS  THE  "BISPHENOL  A-FREE
  CHILDREN AND BABIES ACT".
  S 37-0503. DEFINITIONS.
    AS  USED  IN  THIS TITLE, "CHILD CARE PRODUCT" MEANS ALL PACIFIERS AND
  UNFILLED BEVERAGE CONTAINERS TO BE USED BY CHILDREN  UNDER  THREE  YEARS
  OLD  FOR  THE  CONSUMPTION OF LIQUIDS INCLUDING PACIFIERS, BABY BOTTLES,
  BABY BOTTLE LINERS AND CUPS, CUP LIDS, STRAWS AND SIPPY CUPS.
  S 37-0505. CHILD CARE PRODUCTS.
    1. BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM,  PART-
  NERSHIP,  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 BISPHENOL A.
    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 37-0507. PRODUCT LABELING.
    THE  COMMISSIONER  MAY  AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT DO
  NOT CONTAIN BISPHENOL A.   THE LABEL ON SUCH  PRODUCTS  MAY  PROMINENTLY
  STATE  "BISPHENOL  A  FREE"  OR  "BPA-FREE" TO INFORM CONSUMERS THAT THE
  PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
  S 37-0509. PREEMPTION.
    JURISDICTION IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE  REGU-
  LATED  PURSUANT  TO  THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLU-
  SIVELY IN THE STATE.
  S 37-0511. 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 3. Section 71-3703 of the environmental conservation law, as amended
  by chapter 671 of the laws of 1986, is amended to read as follows:


 S. 3296--H                          3

  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.
    S 4. This act shall take effect immediately.