NY State Senate Bill 2015-S2591A

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 29, 2016	print number 2591a
Feb 29, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
Jan 26, 2015	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S2591 - Details

See Assembly Version of this Bill:: A6099
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §37-0901, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6415, A8886
2017-2018: S3438, A1884
2019-2020: S3567

2015-S2591 - Summary

Relates to banning formaldehyde in certain children's products.

2015-S2591 - Sponsor Memo

                                BILL NUMBER:S2591

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to banning formaldehyde in certain children's products

PURPOSE:

This bill bans the sale of children's products that contain
formaldehyde.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Article 37 of the environmental
conservation law by adding a new title 9, and by adding Section
37-0901.

Section 1 of Section 37-0901 defines terms used in the bill. For the
purposes of this bill, children are defined as those aged 12 and
under.

Section 2 of Section 37-0901 sets forth the parameters of the ban of
children's products containing formaldehyde, prohibiting retailers
from selling children's product that intentionally contains
formaldehyde or intentionally added chemical ingredients that
chemically degrade to release free formaldehyde at levels exceeding
0.05 percent, beginning April 1, 2017.

Section 2 of the bill establishes the effective date.

JUSTIFICATION:

Formaldehyde was added to the list of human carcinogens by the U.S.
Department of Health and Human Services in 2011.  Notwithstanding
this, it continues to be used in many household products, including
those intended for children.

A 2011 report by Washington Toxins Coalition and Safer States
showcased the frequency with which formaldehyde was found in
children's blankets, clothing, and toys even though it has been
classified as a severe developmental toxin and in the worst category
for carcinogenicity. Children are more susceptible to the dangers of
formaldehyde which can cause serious nervous system damage and asthma.

In addition, formaldehyde is an environmental pollutant. A 2010 report
by the National Toxicology Program showed that formaldehyde is present
in indoor and outdoor air, soil, food, treated and untreated drinking
water, surface water and groundwater. One of the major sources of
airborne formaldehyde is off-gassing from consumer goods.

LEGISLATIVE HISTORY:

2013-2014: S.6415C Amended & Recommitted to Health/A8886-B Passed
Assembly

EFFECTIVE DATE:

This act shall take effect January 1, 2016.

2015-S2591 - Bill Text download pdf

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

                                  2591

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  banning formaldehyde in certain children's products

  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 9 to read as follows:
                                TITLE IX
                        FORMALDEHYDE PROHIBITION
SECTION 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
S 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
  1. DEFINITIONS. (A) "CHILDREN'S PRODUCT"  MEANS  A  PRODUCT  PRIMARILY
DESIGNED,  INTENDED  OR  MARKETED  BY  A  MANUFACTURER  TO BE PHYSICALLY
APPLIED TO OR INTRODUCED INTO A CHILD'S BODY, OR USED BY A  CHILD,  SUCH
AS  BABY  PRODUCTS,  TOYS,  CAR SEATS, PERSONAL CARE PRODUCTS, A PRODUCT
DESIGNED OR INTENDED BY THE MANUFACTURER TO HELP A CHILD WITH SUCKING OR
TEETHING, TO FACILITATE SLEEP, RELAXATION, OR THE FEEDING  OF  A  CHILD,
NOVELTY   PRODUCTS,  BEDDING,  FURNITURE,  FURNISHINGS,  AND  CHILDREN'S
APPAREL.  "CHILDREN'S PRODUCT" DOES NOT INCLUDE (I) BATTERIES;  OR  (II)
CONSUMER  ELECTRONIC  PRODUCTS  INCLUDING  BUT  NOT  LIMITED TO PERSONAL
COMPUTERS, AUDIO AND VIDEO EQUIPMENT, CALCULATORS, WIRELESS PHONES, GAME
CONSOLES, AND HANDHELD DEVICES INCORPORATING A  VIDEO  SCREEN,  USED  TO
ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPHERALS; OR (III) A
FOOD  OR  BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGULATED BY THE
UNITED STATES FOOD AND DRUG ADMINISTRATION; OR (IV)  A  PESTICIDE  REGU-
LATED  BY  THE  UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY; OR (V) A
DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION.
  (B) "CHILD" MEANS ANY PERSON AGED TWELVE AND UNDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03188-02-5

S. 2591                             2

  (C) "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL DELIBERATELY  USED
IN THE FORMULATION OF A PRODUCT OR SUBPART OF A PRODUCT.
  2.  FORMALDEHYDE  IN CHILDREN'S PRODUCTS; BAN.  BEGINNING APRIL FIRST,
TWO THOUSAND SEVENTEEN, NO RETAILER MAY SELL OR OFFER FOR SALE  IN  THIS
STATE  A  CHILDREN'S PRODUCT THAT INTENTIONALLY CONTAINS: (A) FORMALDEH-
YDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (B) INGREDIENTS THAT CHEMICALLY DEGRADE  UNDER  NORMAL  CONDITIONS  OF
TEMPERATURE  AND PRESSURE TO RELEASE FREE FORMALDEHYDE AT LEVELS EXCEED-
ING 0.05 PERCENT.
  S 2. This act shall take effect January 1, 2016.

co-Sponsors

2015-S2591A (ACTIVE) - Details

See Assembly Version of this Bill:: A6099
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §37-0901, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6415, A8886
2017-2018: S3438, A1884
2019-2020: S3567

2015-S2591A (ACTIVE) - Summary

Relates to banning formaldehyde in certain children's products.

2015-S2591A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2591A

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
banning formaldehyde in certain children's products

 PURPOSE :

This bill bans the sale of children's products that contain
formaldehyde.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Article 37 of the environmental
conservation law by adding a new title 9, and by adding Section
37-0901.

Section 1 of Section 37-0901 defines terms used in the bill. For the
purposes of this bill, children are defined as those aged 12 and
under.

Section 2 of Section 37-0901 sets forth the parameters of the ban of
children's products containing formaldehyde, prohibiting retailers
from selling children's product that intentionally contains
formaldehyde or intentionally added chemical ingredients that

chemically degrade to release free formaldehyde at levels exceeding
0.05 percent, beginning April 1, 2018.

Section 2 of the bill establishes the effective date.

 JUSTIFICATION :

Formaldehyde was added to the list of human carcinogens by the U.S.
Department of Health and Human Services in 2011. Notwithstanding this,
it continues to be used in many household products, including those
intended for children.

A 2011 report by Washington Toxins Coalition and Safer States
showcased the frequency with which formaldehyde was found in
children's blankets, clothing, and toys even though it has been
classified as a severe developmental toxin and in the worst category
for carcinogenicity. Children are more susceptible to the dangers of
formaldehyde which can cause serious nervous system damage and asthma.

In addition, formaldehyde is an environmental pollutant. A 2010 report
by the National Toxicology Program showed that formaldehyde is present
in indoor and outdoor air, soil, food, treated and untreated drinking
water, surface water and groundwater. One of the major sources of
airborne formaldehyde is off-gassing from consumer goods.

 LEGISLATIVE HISTORY :

2013-2014: S.6415C Amended & Recommitted to Health/A8886-B Passed
Assembly

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law.

2015-S2591A (ACTIVE) - Bill Text download pdf

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

                                 2591--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sens. SERRANO, HOYLMAN, LATIMER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation -- 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

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  banning formaldehyde in certain children's products

  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 9 to read as follows:
                                TITLE IX
                        FORMALDEHYDE PROHIBITION
SECTION 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
S 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS.
  1. DEFINITIONS. (A) "CHILDREN'S PRODUCT"  MEANS  A  PRODUCT  PRIMARILY
DESIGNED,  INTENDED  OR  MARKETED  BY  A  MANUFACTURER  TO BE PHYSICALLY
APPLIED TO OR INTRODUCED INTO A CHILD'S BODY, OR USED BY A  CHILD,  SUCH
AS  BABY  PRODUCTS,  TOYS,  CAR SEATS, PERSONAL CARE PRODUCTS, A PRODUCT
DESIGNED OR INTENDED BY THE MANUFACTURER TO HELP A CHILD WITH SUCKING OR
TEETHING, TO FACILITATE SLEEP, RELAXATION, OR THE FEEDING  OF  A  CHILD,
NOVELTY   PRODUCTS,  BEDDING,  FURNITURE,  FURNISHINGS,  AND  CHILDREN'S
APPAREL.  "CHILDREN'S PRODUCT" DOES NOT INCLUDE (I) BATTERIES;  OR  (II)
CONSUMER  ELECTRONIC  PRODUCTS  INCLUDING  BUT  NOT  LIMITED TO PERSONAL
COMPUTERS, AUDIO AND VIDEO EQUIPMENT, CALCULATORS, WIRELESS PHONES, GAME
CONSOLES, AND HANDHELD DEVICES INCORPORATING A  VIDEO  SCREEN,  USED  TO
ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPHERALS; OR (III) A
FOOD  OR  BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGULATED BY THE
UNITED STATES FOOD AND DRUG ADMINISTRATION; OR (IV)  A  PESTICIDE  REGU-
LATED  BY  THE  UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY; OR (V) A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03188-03-6

S. 2591--A                          2

DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION.
  (B) "CHILD" MEANS ANY PERSON AGED TWELVE AND UNDER.
  (C)  "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL DELIBERATELY USED
IN THE FORMULATION OF A PRODUCT OR SUBPART OF A PRODUCT.
  2. FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.   BEGINNING APRIL  FIRST,
TWO  THOUSAND  EIGHTEEN,  NO RETAILER MAY SELL OR OFFER FOR SALE IN THIS
STATE A CHILDREN'S PRODUCT THAT INTENTIONALLY CONTAINS:  (A)  FORMALDEH-
YDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR
  (B)  INGREDIENTS  THAT  CHEMICALLY  DEGRADE UNDER NORMAL CONDITIONS OF
TEMPERATURE AND PRESSURE TO RELEASE FREE FORMALDEHYDE AT LEVELS  EXCEED-
ING 0.05 PERCENT.
  S  2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.

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Senate Bill S2591A

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

2015-S2591 - Details

2015-S2591 - Summary

2015-S2591 - Sponsor Memo

2015-S2591 - Bill Text download pdf

co-Sponsors

2015-S2591A (ACTIVE) - Details

2015-S2591A (ACTIVE) - Summary

2015-S2591A (ACTIVE) - Sponsor Memo

2015-S2591A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2591A

Share this bill

Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

Brad Hoylman-Sigal

George Latimer

2015-S2591 - Details

2015-S2591 - Summary

2015-S2591 - Sponsor Memo

2015-S2591 - Bill Text download pdf

co-Sponsors

Brad Hoylman-Sigal

George Latimer

2015-S2591A (ACTIVE) - Details

2015-S2591A (ACTIVE) - Summary

2015-S2591A (ACTIVE) - Sponsor Memo

2015-S2591A (ACTIVE) - Bill Text download pdf

Comments