S3296D-2009 Actions

• Jul 30, 2010: SIGNED CHAP.280
• Jul 19, 2010: DELIVERED TO GOVERNOR
• Jun 23, 2010: returned to senate
• Jun 23, 2010: passed assembly
• Jun 23, 2010: ordered to third reading cal.459
• Jun 23, 2010: substituted for a6919d
• Jun 22, 2010: referred to codes
• Jun 22, 2010: RETURNED TO ASSEMBLY
• Jun 22, 2010: REPASSED SENATE
• Jun 2, 2010: AMENDED ON THIRD READING 3296H
• Jun 2, 2010: VOTE RECONSIDERED - RESTORED TO THIRD READING
• Jun 2, 2010: returned to senate
• Jun 2, 2010: RECALLED FROM ASSEMBLY
• Apr 21, 2010: referred to environmental conservation
• Apr 20, 2010: DELIVERED TO ASSEMBLY
• Apr 20, 2010: PASSED SENATE
• Apr 20, 2010: ORDERED TO THIRD READING CAL.399
• Apr 20, 2010: REPORTED AND COMMITTED TO RULES
• Apr 13, 2010: REPORTED AND COMMITTED TO FINANCE
• Feb 3, 2010: PRINT NUMBER 3296G
• Feb 3, 2010: AMEND AND RECOMMIT TO CODES
• Feb 2, 2010: REPORTED AND COMMITTED TO CODES
• Jan 22, 2010: PRINT NUMBER 3296F
• Jan 22, 2010: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 6, 2010: REFERRED TO ENVIRONMENTAL CONSERVATION
• Sep 4, 2009: PRINT NUMBER 3296E
• Sep 4, 2009: AMEND AND RECOMMIT TO CODES
• Sep 2, 2009: PRINT NUMBER 3296D
• Sep 2, 2009: AMEND AND RECOMMIT TO CODES
• Apr 21, 2009: PRINT NUMBER 3296C
• Apr 21, 2009: AMEND AND RECOMMIT TO CODES
• Mar 30, 2009: PRINT NUMBER 3296B
• Mar 30, 2009: AMEND AND RECOMMIT TO CODES
• Mar 24, 2009: REPORTED AND COMMITTED TO CODES
• Mar 19, 2009: PRINT NUMBER 3296A
• Mar 19, 2009: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Mar 13, 2009: REFERRED TO ENVIRONMENTAL CONSERVATION

S3296D-2009 Votes

S3296D-2009 Memo

 BILL NUMBER:  S3296D

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
enacting the "bisphenol A-free children and babies act"


 PURPOSE OF THE BILL :
This bill prohibits the sale of any Bisphenol A (BPA) containing child
care products intended primarily for infants or children under three
years of age.

 SUMMARY OF PROVISIONS :
Section 1 provides the legislative intent.

Section 2 prohibits the sale or offer for sale of any BPA containing
child care product as defined in this section.

Section 2 also establishes a waiver process for BPA containing liquid,
food and beverage containers when alternatives are not available;
authorizes the commissioner to require prominent labeling of bisphenol
A-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 two
thousand five hundred dollars for each day during which a second
violation continues.

Section 4 establishes the effective date.

 JUSTIFICATION :
Bisphenol A (BPA) , a principle component in the production of
polycarbonate 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 resins are commonly used as lacquers to coat metal
products, such as food cans, bottle tops, jar lids and infant formula
containers. The resins are also used to line aseptic packages such as
juice boxes. The chemical bond between BPA molecules is unstable and
can be disrupted by heat, acidic reactions and other conditions that
can release BPA 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 BPA in their bodies, and most
are at or above the concentrations known to cause adverse effects in
laboratory studies. Research studies have found that babies have up to
eleven times higher levels of BPA in their bodies than do adults
because of greater exposure and reduced capacity to metabolize BPA.

BPA 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 BPA 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. This bill will significantly reduce the risk posed to children
by these chemicals.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately with child care products
containing BPA prohibited on December first 2010.

S3296D-2009 Text

 S T A T E   O F   N E W   Y O R K
 
 3296--D
 2009-2010 Regular Sessions
 I N  SENATE
 March 13, 2009
 
 Introduced   by   Sens.   THOMPSON,   FOLEY,   LANZA,   BRESLIN,   DIAZ,
 HASSELL-THOMPSON, HUNTLEY, KRUEGER, MONTGOMERY, ONORATO,  OPPENHEIMER,
 PARKER,  PERKINS,  SAMPSON, SERRANO -- 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  --  reported  favorably
 from said committee and committed to the Committee on Codes -- commit
 tee  discharged, bill amended, ordered reprinted as amended and recom
 mitted to  said  committee  --  committee  discharged,  bill  amended,
 ordered  reprinted  as  amended  and  recommitted to said committee -
 committee discharged, bill amended, ordered reprinted as  amended  and
 recommitted to said committee
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
 enacting the "bisphenol A-free children and babies act"
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10403-12-9
 
       S. 3296--D                          2
 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. WAIVERS.
 37-0509. PRODUCT LABELING.
 37-0511. PREEMPTION.
 37-0513. 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 PRODUCTS DESIGNED OR INTENDED BY THE
 MANUFACTURER FOR CHILD CARE, INCLUDING, BABY BOTTLES, BABY BOTTLE LINERS
 AND CUPS, INCLUDING BUT NOT LIMITED TO SIPPY CUPS, PACIFIERS  AND  OTHER
 PRODUCTS TO HELP WITH SUCKING OR TEETHING, TO FACILITATE SLEEP OR RELAX
 ATION, OR THE FEEDING OF CHILDREN.
 

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. WAIVERS.
 A MANUFACTURER OF LIQUID, FOOD OR BEVERAGE PRODUCTS REGULATED BY  THIS
 TITLE,  MAY  APPLY  TO THE DEPARTMENT FOR A WAIVER FOR ONE YEAR FROM THE
 REQUIREMENTS OF THIS TITLE IF  THE  MANUFACTURER  CAN  DEMONSTRATE  THAT
 THERE  ARE  NO AVAILABLE ALTERNATIVES TO BISPHENOL A.  AFTER SUCH WAIVER
 PERIOD, THE MANUFACTURER MAY AGAIN APPLY FOR A WAIVER.
 

S 37-0509. 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 37-0511. 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 37-0513. 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.
 
       S. 3296--D                          3
 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.

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