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.
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, distribution and sale of toys, food and beverage containers containing bisphenol-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 December 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 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 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 containers. In addition to Mew York seven states (California, Connecticut, Maryland, Minnesota, Washington State and Wisconsin) as well as Schenectady, 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.
STATE OF NEW YORK ________________________________________________________________________ 3533 2013-2014 Regular Sessions IN 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.