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

                                  5978

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2013
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
  PEOPLES-STOKES -- read once and referred to the Committee on  Environ-
  mental Conservation

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of liquid, food and beverage containers containing bisphenol A

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

  Section 1. Section 37-0501 of the environmental conservation  law,  as
added by chapter 280 of the laws of 2010, is amended to read as follows:
S 37-0501. Short title.
  This  title  shall  be known and may be cited as the "bisphenol A-free
[children and babies] act".
  S 2. Sections  37-0507,  37-0509  and  37-0511  of  the  environmental
conservation  law  are renumbered sections 37-0511, 37-0513 and 37-0515,
and two new sections 37-0507 and 37-0509 are added to read as follows:
S 37-0507. LIQUID, FOOD AND BEVERAGE CONTAINERS.
  1. BEGINNING DECEMBER FIRST, TWO THOUSAND FOURTEEN, NO  PERSON,  FIRM,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL  OR  OFFER  FOR  SALE ANY LIQUID, FOOD OR BEVERAGE IN A CAN, JAR OR
OTHER CONTAINER CONTAINING BISPHENOL A.
  2. A MANUFACTURER OF A PRODUCT THAT IS SUBJECT TO  THE  PROVISIONS  OF
SUBDIVISION  ONE OF THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR WAIVER
OF THE REQUIREMENTS OF SUCH SUBDIVISION FOR A PERIOD OF ONE  YEAR,  UPON
PROOF  THAT  THERE  ARE  NO AVAILABLE ALTERNATIVES TO BISPHENOL A IN THE
MANUFACTURE OF THE CAN, JAR OR OTHER CONTAINER THAT IS  SUBJECT  TO  THE
PROVISIONS  OF  SUBDIVISION  ONE  OF THIS SECTION. AFTER THE GRANTING OF
SUCH A WAIVER TO A MANUFACTURER, IT MAY THEREAFTER APPLY FOR  ONE  ADDI-
TIONAL ONE YEAR WAIVER.
S 37-0509. ALTERNATIVES TO BISPHENOL A.
  1.  A  MANUFACTURER  OF A PRODUCT PROHIBITED TO BE SOLD OR OFFERED FOR
SALE PURSUANT TO THIS TITLE SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09714-01-3
              

A. 5978                             2

  A. NOT REPLACE BISPHENOL A WITH ANOTHER  CHEMICAL  COMPOUND  THAT  HAS
BEEN  SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS CLAS-
SIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A  DEVELOP-
MENTAL TOXIN, AN ENDOCRINE DISRUPTER OR A REPRODUCTIVE TOXIN;
  B.  USE  THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND TO REPLACE
BISPHENOL A;
  C. PROVIDE, TO THE DEPARTMENT PRIOR TO THE MANUFACTURE OF  SUCH  PROD-
UCT, INFORMATION ON SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND; AND
  D. NOT MANUFACTURE SUCH PRODUCT UNTIL THE DEPARTMENT SHALL HAVE CERTI-
FIED SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHENOL
A.
  2.  EVERY LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHE-
NOL A CERTIFIED BY THE DEPARTMENT SHALL:
  A. BE THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
  B. NOT BE A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED  STATES
ENVIRONMENTAL  PROTECTION  AGENCY,  A  DEVELOPMENTAL TOXIN, AN ENDOCRINE
DISRUPTER OR A REPRODUCTIVE TOXIN.
  3. THE DEPARTMENT SHALL REGULARLY UPDATE ITS LISTING  OF  LEAST  TOXIC
CHEMICAL COMPOUNDS CERTIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
AND  PROVIDE SUCH UPDATED LISTINGS TO MANUFACTURERS TO WHICH SUBDIVISION
ONE OF THIS SECTION APPLIES.
  S 3. This act shall take effect immediately.