Prohibits the sale or offering for sale of toys, and liquids, foods and beverages in containers, for children 3 or younger, containing bisphenol A; requires manufacturers of products containing bisphenol A to use the least toxic alternative chemical compound to replace bisphenol A.

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S3533-2013 Actions

• Feb 5, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S3533-2013 Memo

BILL NUMBER:S3533

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to  regulation  of  toys,  and  food  and  beverage  containers
containing bisphenol A

PURPOSE  OF  THE BILL: The bill would prohibit the manufacture, distrib-
ution and sale of toys, food and beverage containers containing  bisphe-
nol-A intended for children three years of age or younger.

SUMMARY  OF  PROVISIONS: The bill amends Article 37 of the Environmental
Conservation Law to add toys and food and  beverage  containers  to  the
current prohibition for the manufacture, distribution, sale or offer for
sale of any child care product containing EPA. One year waivers from the
ban  in  food and beverage containers are allowed by DEC if there are no
available substitutes for BPA. EPA in toys would be banned after  Decem-
ber 1, 2012 and in food and beverage containers by December 1, 2013.

The  bill  also  prohibits manufacturers from replacing EPA with another
chemical compound that is a  known  human  carcinogen,  a  developmental
toxin, an endocrine disruptor or a reproductive toxin; and requires them
to  use  the least toxic alternative for EPA. DEC is required to provide
information on least toxic alternatives that meet  the  above  criteria.
These  provisions  also  apply to the original law regulating child care
products.

JUSTIFICATION: Eisphenol-A is an estrogen-mimicking endocrine  disrupter
chemical used in the production of epoxy resigns and polycarbonate plas-
tics  and is the main ingredient in hard polycarbonate plastics. BPA has
been linked to breast and prostate cancer, early-onset puberty and poly-
cystic ovary syndrome. These plastics are used in toys as well  as  many
food  and  drink packaging applications. 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 this chemical.

Maryland  passed  a  2010  law  that prohibits the manufacture, sale and
distribution of any child's toy or child care  product  containing  EPA,
requires  the  least toxic alternative, and prohibits replacement to EPA
that is a known human carcinogen, a developmental  toxin,  an  endocrine
disruptor  or  a  reproductive  toxin.  Vermont  enacted a 2010 law that
includes a prohibition for BPA in infant formula or baby  food  contain-
ers.  In  addition  to  Mew  York seven states (California, Connecticut,
Maryland, Minnesota, Washington State and Wisconsin) as well as Schenec-
tady, Albany, Rockland and Suffolk Counties in  New  York  have  already
passed  laws prohibiting EPA in plastic food containers for infants. The
EPA is considering whether to restrict SPA  in  canned  food  and  other
containers, including infant formula containers.

PRIOR  LEGISLATIVE  HISTORY:  2011-12  S5387 - Referred to Environmental
Conservation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: This act would take effect immediately.

S3533-2013 Text

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

                                    3533

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 5, 2013
                                 ___________

  Introduced  by  Sen. O'BRIEN -- 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 regu-
    lation of toys, and food 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. Section 37-0503 of the environmental conservation  law,  as
  added by chapter 280 of the laws of 2010, is amended to read as follows:

  S 37-0503. Definitions.
    As used in this title[, "child]:

    1.  "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.
    2.  "TOY"  MEANS ALL PRODUCTS DESIGNED OR INTENDED BY THE MANUFACTURER
  TO BE USED FOR PLAY BY CHILDREN THREE YEARS OF AGE AND YOUNGER.
    S 2. Section 37-0505 of the environmental conservation law,  as  added
  by chapter 280 of the laws of 2010, is amended to read as follows:

  S 37-0505. Child care products AND TOYS.
    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. BEGINNING DECEMBER FIRST, TWO THOUSAND THIRTEEN, NO  PERSON,  FIRM,
  PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
  SELL OR OFFER FOR SALE ANY TOY CONTAINING BISPHENOL A.
    3.  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07009-01-3

 S. 3533                             2

    S  3.  Sections  37-0507,  37-0509  and  37-0511  of the environmental
  conservation law are renumbered sections 37-0511, 37-0513  and  37-0515,
  and two new sections 37-0507 and 37-0509 are added to read as follows:

  S 37-0507. FOOD AND BEVERAGE CONTAINERS.
    1.  BEGINNING  DECEMBER FIRST, TWO THOUSAND FOURTEEN, NO PERSON, FIRM,
  PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
  SELL OR OFFER FOR SALE ANY LIQUID, FOOD OR BEVERAGE IN  A  CAN,  JAR  OR
  OTHER  CONTAINER  CONTAINING BISPHENOL A IF THE LIQUID, FOOD OR BEVERAGE
  IS DESIGNED OR INTENDED PRIMARILY  FOR  CONSUMPTION  BY  CHILDREN  THREE
  YEARS OF AGE OR YOUNGER.
    2.  A  MANUFACTURER  OF A PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
  SUBDIVISION ONE OF THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR  WAIVER
  OF  THE  REQUIREMENTS OF SUCH SUBDIVISION FOR A PERIOD OF ONE YEAR, UPON
  PROOF THAT THERE ARE NO AVAILABLE ALTERNATIVES TO  BISPHENOL  A  IN  THE
  MANUFACTURE  OF  THE  CAN, JAR OR OTHER CONTAINER THAT IS SUBJECT TO THE
  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.  AFTER  THE  GRANTING  OF
  SUCH  A  WAIVER TO A MANUFACTURER, IT MAY THEREAFTER APPLY FOR ONE ADDI-
  TIONAL ONE YEAR WAIVER.
  S 37-0509. ALTERNATIVES TO BISPHENOL A.
    1. A MANUFACTURER OF A PRODUCT PROHIBITED TO BE SOLD  OR  OFFERED  FOR
  SALE PURSUANT TO THIS TITLE SHALL:

    A.  NOT  REPLACE  BISPHENOL  A WITH ANOTHER CHEMICAL COMPOUND THAT HAS
  BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS  CLAS-
  SIFIED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
  MENTAL TOXIN, AN ENDOCRINE DISRUPTER OR A REPRODUCTIVE TOXIN;
    B. USE THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND  TO  REPLACE
  BISPHENOL A;
    C.  PROVIDE,  TO THE DEPARTMENT PRIOR TO THE MANUFACTURE OF SUCH PROD-
  UCT, INFORMATION ON SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND; AND
    D. NOT MANUFACTURE SUCH PRODUCT UNTIL THE DEPARTMENT SHALL HAVE CERTI-
  FIED SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHENOL
  A.
    2. EVERY LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE  BISPHE-
  NOL A CERTIFIED BY THE DEPARTMENT SHALL:

    A. BE THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
    B.  NOT BE A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED STATES
  ENVIRONMENTAL PROTECTION AGENCY, A  DEVELOPMENTAL  TOXIN,  AN  ENDOCRINE
  DISRUPTER OR A REPRODUCTIVE TOXIN.
    3.  THE  DEPARTMENT  SHALL REGULARLY UPDATE ITS LISTING OF LEAST TOXIC
  CHEMICAL COMPOUNDS CERTIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
  AND PROVIDE SUCH UPDATED LISTINGS TO MANUFACTURERS TO WHICH  SUBDIVISION
  ONE OF THIS SECTION APPLIES.
    S 4. This act shall take effect immediately.