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.
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 OR GENERAL IDEA OF BILL: This bill prohibits the manufacture, distribution, and sale of "child care products" (as defined by this title) containing Bisphenol A (EPA) that are primarily intended for infants or children under three years of age.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 provides the legislative intent.
Section 2 prohibits the sale or offer for sale of any "child care product" containing BPA that is primarily intended for infants or children under three years of age. "Child care product" is defined as all pacifiers and 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.
Section 2 also authorizes the commissioner to require prominent labeling of EPA-free products and provides for State preemption of local statutes.
Section 3 imposes a civil penalty of not more than one thousand dollars for each day during which a first violation continues and an injunction from continuing such violation. For a second violation, a civil penalty not to exceed two thousand five hundred dollars will be imposed for each day during which the violation continues.
Section 4 establishes the effective date as December first 2010.
JUSTIFICATION: Bisphenol A (BPA), a principle component in the production of potycarbonate rigid plastic and epoxy resins, is used in many food and drink packaging applications, as well as products intended for use by young children. The chemical bond between EPA molecules is unstable and can be disrupted by heat, acidic reactions and other conditions that can release EPA into the food or beverages within the containers.
According to the U.S. Centers for Disease Control, ninety-five percent of Americans have detectable levels of EPA in their bodies, and most are at or above the concentrations known to cause adverse effects in laboratory studies. Recently, the Food and Drug Administration (FDA) has taken the position that recent studies provide reason for some concern about the potential effects of BPA on the brain, behavior, and prostate gland of fetuses, infants and children. As a response to safety of products containing BPA, the agency is to reduce human exposure to BPA, including recommendations to consumers on food preparation.
Research studies have found that babies have up to eleven times higher levels of EPA in their bodies than do adults because of greater exposure and reduced capacity to metabolize BPA. EPA is a known estrogen-mimicking endocrine disruptor chemical. Endocrine disruption has been linked to a greater number of common ailments, including heart disease, immune system disruption, brain deterioration, type-2 diabetes, cancer and obesity. Research has shown that EPA can alter the expression of several hundred genes, with effects varying among specific tissues and timing of exposure. Pre-natal and neonatal exposure to BPA has been linked to altered DNA function and genetic expression, male reproductive disorders and lowered sperm counts, insulin resistance, early puberty, and changes in prostate and mammary gland development, leading to potential greater susceptibility to breast cancer and other cancer later in life. Currently, three counties in New York: Albany County, Suffolk County, and Schenectady County have enacted BPA legislation to protect infants and children from BPA exposure. This bill will significantly empower New York to reduce the risk posed to children by BPA exposure.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately. With regards to child care products already containing BPA, such products are prohibited from sale or offer for sale beginning December first 2010.
STATE OF NEW YORK ________________________________________________________________________ 9867--A IN ASSEMBLY February 4, 2010 ___________Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10403-22-0 A. 9867--A 2
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 CONSUMP- TION 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 SHALL 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. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, RELATING TO BISPHENOL A SHALL BE PREEMPTED. 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 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.