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.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER:S3296H REVISED 06/08/10
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 OF THE BILL: The bill would prohibit the manufacture, distribution and sale of certain child care products containing bisphenol-A which are intended for use by or upon a child.
SUMMARY OF PROVISIONS: The bill would prohibit the manufacture, distribution, sale or offer for sale of any child care product containing bisphenol-A intended for use by a child three years or age or under. Child care products include pacifiers, unfilled beverage containers, baby bottles, baby bottle lines and cups, cup lids, straws and sippy cups.
The bill also allows the DEC Commissioner to authorize labeling for Child care products covered in this title that do not contain bisphenol. The bill would vest exclusive right of the State to regulate BPA for those products contained in this bill. DEC is authorized to promulgate rules and regulations.
The bill also contains civil penalties for violation of its provisions.
JUSTIFICATION: Bisphenol-A is an estrogen-mimicking endocrine disrupter chemical used in the production of epoxy resins and polycarbonate plastics and is the main ingredient in hard polycarbonate plastics. BPA has been linked to breast and prostate cancer, early-onset puberty and polycystic ovary syndrome. These plastics are used in many foods and drink packaging applications. Bisphenol-A has been shown to be a hormone disruptor and is used in many products used by children, including pacifiers, baby bottles, sippy cups and cup lids, baby bottle lines and straws. This chemical has been shown to be present in most of the population.
The age of three reflects the type of products that are used by infants and very young children. This bill will significantly reduce the risk posed to children by these chemicals. Canada has announced that it is proposing a ban on polycarbonate baby bottles and strict limits on BPA in infant formula cans. Nalgene has already announced that it will be phasing out the use of BPA in its plastic containers, including sports bottles. WalMart Canada has announced that it will immediately stop selling baby bottles, sippy cups, pacifiers, food containers and water bottles that contain BPA. Vermont and Connecticut have enacted laws that are similar to this proposal. Four counties in NYS have enacted local laws prohibiting the use of BPA in sippy cups and baby bottles.
PRIOR LEGISLATIVE HISTORY:
Introduced in 2007.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act would take effect immediately and the BPA ban would take effect on December 1, 2010.
STATE OF NEW YORK ________________________________________________________________________ 3296--H Cal. No. 399 2009-2010 Regular Sessions IN SENATE March 13, 2009 ___________Introduced by Sens. THOMPSON, FOLEY, LANZA, BRESLIN, DIAZ, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SAMPSON, SERRANO, SQUADRON, STAVISKY -- 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 -- 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 -- 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 -- 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 -- reported favorably from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee and committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third read- ing, amended and ordered reprinted, retaining its place in 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:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10403-26-0 S. 3296--H 2
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. 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. 3296--H 3
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.