Prohibits the manufacture, distribution, and sale of child care products containing TRIS.

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S4085A-2011 Actions

• Jun 21, 2011: SUBSTITUTED BY A6195A
• Jun 21, 2011: ORDERED TO THIRD READING CAL.1465
• Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 8, 2011: PRINT NUMBER 4085A
• Jun 8, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Mar 17, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4085A-2011 Meetings

Rules: Jun 24, 2011

S4085A-2011 Calendars

Floor Calendar: Jun 21, 2011

S4085A-2011 Votes

S4085A-2011 Memo

BILL NUMBER:S4085A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to prohibiting
the sale of child products containing TRIS

PURPOSE:
The purpose of this bill is to limit children's exposure to
certain chemicals.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* define "child care product" to mean a consumer product intended for
use by children under three, such as baby products, toys, car seats,
nursing pillows, crib mattresses and strollers;

* prohibit the sale of any child care product containing the flame
retardant TRIS after December 1, 2013;

* pre-empt localities from regulating TRIS; and,

* establish a penalty of up to $1,000 per day for a first violation
and up to $2,500 for a second violation.

JUSTIFICATION:
On April 8, 1977, the United States Consumer Product
Safety commission banned the sale of any children's clothing
containing the flame retardant chemical TRIS phosphate (IRIS). The
ban came after a two-year study by the National Cancer Institute
showed that TRIS causes cancer in test animals and could be absorbed
by children through the skin or mouthing of TRIS treated clothing.
The ban on the use of TRIS applied only to children's clothing and
because of the comparatively low cost of IRIS it is used increasingly
in baby gear including strollers, nursing pillows and rocking chair
foam.

This bill would prevent the sale of child care products containing
TRIS after. December 1, 2013, in order to eliminate possible exposure
risks for children through skin contact or mouthing. A report
published by the Environmental Protection Agency titled
"Environmental Profiles of Chemical Flame Retardant Alternatives"
contains details regarding several Flame retardants that represent a
low health hazard concern. These flame retardants would potentially
serve as a better alternative to TRIS.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4085A-2011 Text

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

                                   4085--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 17, 2011
                                 ___________

  Introduced  by Sens. GRISANTI, AVELLA -- 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

  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).
  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
  S                                                          LBD08997-03-1

 S. 4085--A                          2

    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.