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.
STATE OF NEW YORK ________________________________________________________________________ 6919--D Cal. No. 459 2009-2010 Regular Sessions IN ASSEMBLY March 17, 2009 ___________Introduced by M. of A. ENGLEBRIGHT, SWEENEY, COLTON, CASTRO, LIFTON, JAFFEE, GUNTHER, RUSSELL, GABRYSZAK, MENG, SCHIMEL, TITONE, PERRY, SPANO, FIELDS, GALEF, MAISEL, ROSENTHAL, KOON, KAVANAGH, ZEBROWSKI -- Multi-Sponsored by -- M. of A. BALL, BOYLAND, BRENNAN, CONTE, GLICK, GORDON, HOOPER, LATIMER, McENENY, REILICH, SALADINO, WEISENBERG -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said commit- tee with amendments, ordered reprinted as amended and recommitted to said committee -- reported from committee, advanced to a third read- ing, amended and ordered reprinted, retaining its place on the order of third reading -- passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on 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: 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 commonEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10403-27-0 A. 6919--D 2
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 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 TOA. 6919--D 3
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.