Prohibits the distribution and use of paper containing bisphenol A for the recording of any business transaction.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to regulation of bisphenol A in business transaction paper
PURPOSE OF THE BILL: To expand the provisions of current NYS law to prohibit the distribution and use of paper containing bisphenol A for the recording of any business transaction and to regulate chemical compounds that are used to replace BPA.
SUMMARY OF PROVISIONS: The bill prohibits any person, firm, partnership, association, limited liability company or corporation from distributing or using any paper containing BPA for the recording of any business or banking transaction.
Furthermore, receipt paper manufacturers shall not produce any paper containing bisphenol A nor replace bisphenol A with other chemical compound that has been scientifically established to be a known human carcinogen as classified by the United States Environmental Protection Agency, a developmental toxin, an endocrine disruptor or a reproductive toxin. Paper manufacturers are required to use the least toxic alternative chemical compound to replace bisphenol A.
The DEC is required to certify that any chemical compound used to replace BPA in receipt paper is the least toxic alternative available, and is not a known human Carcinogen as classified by the United State Environmental Protection Agency, a developmental toxin, an endocrine disruptor or a reproductive toxin.
DEC is also required to investigate and determine acceptable methods of disposal and recycling for paper receipts in order to eliminate or minimize exposure to BPA. The Department shall also advise the public regarding safe practices in handling and disposing of such paper receipts.
The bill also creates a DEC Advisory Committee on Least-Toxic Alternatives to BPA, composed of competent, independent scientists with substantial experience in evaluating toxicological and epidemiological data on toxic chemicals, including their potential carcinogenic, endocrine disruptive, reproductive, developmental or neurological effects.
JUSTIFICATION: Recently the NYS Governor signed legislation that would prohibit the use of BPA in child care products, including sippy cups, baby bottles and straws intended for use by a child under the age of three. BPA is an estrogen-mimicking endocrine disrupting chemical that has been found to be toxic at low doses and is linked to breast cancer, early onset of puberty, obesity and prostate cancer. Very small amounts of hormones can produce immense biological behavioral changes.
BPA has been used in carbonless copy paper (e.g. credit card receipts) and thermal imaging papers for many years. A powdery layer of BPA is coated onto a piece of paper along with invisible ink which merge and provide "color" when subject to heat or pressure. The Warner Babcock Institute for Green Chemistry, co-founded by organic chemist John C. Warner, has been testing cash register receipts and has found an alarming amount to BPA on these receipts. The average receipt using the BPA technology was found to contain 60 - 100 milligrams of free BPA, which is a thousand times above levels leaching from polycarbonate bottles. Free BPA is not bound into a polymer, but just individual molecules lose and available for uptake. The paper has been published on July 28th in the peer-reviewed journal "Green Chemistry Letters and Reviews".
The Environmental Work Group (EWG) in Washington DC had a testing program conducted by the Missouri Division of Biological Sciences laboratory on receipts from major retailers, including Wal-Mart, Safeway, McDonalds, the U.S. Postal Service, and Bank of America ATMs. The laboratory found that the total mass of BPA on a receipt is from 250 to 1,000 times the amount of BPA typically found in a can of food or a can of baby formula. Forty percent of 36 printed receipts collected from fast food restaurants, big retailers, grocery stores, gas stations and post offices in seven states and the District of Columbia contained BPA.
Bio-monitoring surveys by the federal Centers for Disease Control and Prevention has found BPA in the bodies of 93% of Americans over the age of 6. The EWG analysis of the CDC data found that people who reported working in retail industries had 30 percent more BPA in their bodies than the average U.S. adult and 34% had more BPA than other workers. As of May 2009, 1 in 17 working Americans - 7 million people- were employed as retail salespersons and cashiers, according to the Bureau of Labor Statistics.
The nation's largest manufacturer of thermal paper, Appleton Papers in Wisconsin, stopped using BPA in 2006 because of a growing concern about the safety of the chemical.
This potentially damaging source of BPA cannot be allowed to remain in the marketplace, where everyone is being exposed unknowingly. In order to reduce public exposure to this chemical, the bill would ban the use of paper containing or made with BPA within 6 months of becoming law. Further, the bill would require replacement chemicals to be the least toxic available and not to be classified as known human carcinogens, endocrine disruptors, developmental or reproductive toxins.
PRIOR LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act would take effect 180 days after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 4532--A 2011-2012 Regular Sessions IN SENATE April 11, 2011 ___________Introduced by Sen. ALESI -- 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 AN ACT to amend the environmental conservation law, in relation to regu- lation of bisphenol A in business transaction paper THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 37-0508 to read as follows: S 37-0508. REGULATION OF BISPHENOL A IN BUSINESS TRANSACTION PAPER. 1. BISPHENOL A PROHIBITION IN BUSINESS TRANSACTION PAPER. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPO- RATION, INCLUDING BANKING ORGANIZATIONS, SHALL DISTRIBUTE OR USE ANY PAPER CONTAINING BISPHENOL A FOR THE RECORDING OF ANY BUSINESS OR BANK- ING TRANSACTION INCLUDING, BUT NOT LIMITED TO, RECEIPTS, CREDITS, WITH- DRAWALS, DEPOSITS, AND CREDIT AND DEBIT CARD RECORDS. 2. PAPER MANUFACTURER RESPONSIBILITIES. A. NO PAPER MANUFACTURER SHALL PRODUCE OR DISTRIBUTE ANY PAPER CONTAINING BISPHENOL A WHICH IS PROHIB- ITED TO BE USED OR DISTRIBUTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION. B. ANY PAPER MANUFACTURER THAT PRODUCES PAPER CONTAINING BISPHENOL A FOR THE PURPOSES REFERRED TO IN SUBDIVISION ONE OF THIS SECTION SHALL: (1) 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 DISRUPTOR OR A REPRODUCTIVE TOXIN; (2) USE THE LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE BISPHENOL A; (3) PROVIDE INFORMATION ON THE CHEMICAL COMPOUND USED TO REPLACE BISPHENOL A TO THE DEPARTMENT; ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10757-02-1 S. 4532--A 2
(4) NOT MANUFACTURE SUCH PAPER UNTIL THE DEPARTMENT SHALL HAVE CERTI- FIED ALTERNATIVE CHEMICAL COMPOUNDS TO BISPHENOL A BASED UPON THE RECOM- MENDATIONS OF THE ADVISORY COMMITTEE ON LEAST TOXIC ALTERNATIVES TO BISPHENOL A. 3. DEPARTMENT RESPONSIBILITIES. A. THE DEPARTMENT SHALL CERTIFY THAT ANY CHEMICAL COMPOUND USED TO REPLACE BISPHENOL A IN THE MANUFACTURE OF PAPER PURSUANT TO SUBDIVISION TWO OF THIS SECTION IS: (1) THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND (2) NOT A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOPMENTAL TOXIN, AN ENDOCRINE DISRUPTOR OR A REPRODUCTIVE TOXIN. B. NOT LESS THAN ONCE EVERY CALENDAR YEAR, THE DEPARTMENT SHALL UPDATE THE REQUIREMENTS FOR CERTIFICATION OF LEAST TOXIC ALTERNATIVES TO BISPHENOL A AND PROVIDE SUCH INFORMATION TO PAPER MANUFACTURERS SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. FURTHERMORE, THE DEPARTMENT SHALL ANNUALLY UPDATE ITS INFORMATION ON THOSE CHEMICAL COMPOUNDS THAT ARE KNOWN HUMAN CARCINOGENS, DEVELOPMENTAL TOXINS, ENDOC- RINE DISRUPTERS OR REPRODUCTIVE TOXINS, AND SHALL PROVIDE SUCH INFORMA- TION TO PAPER MANUFACTURERS SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. THE DEPARTMENT SHALL MAKE ALL INFORMATION COMPILED PURSUANT TO THIS SUBDIVISION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S INTERNET WEBSITE. C. THE DEPARTMENT SHALL INVESTIGATE AND DETERMINE ACCEPTABLE METHODS OF DISPOSAL AND RECYCLING OF BUSINESS TRANSACTION PAPER CONTAINING BISPHENOL A SO AS TO ELIMINATE OR MINIMIZE EXPOSURE TO BISPHENOL A. THE DEPARTMENT SHALL PROVIDE PUBLIC NOTICE OF THE SAFE PRACTICES FOR HANDL- ING AND DISPOSING OF SUCH PAPER. 4. ADVISORY COMMITTEE ON LEAST TOXIC ALTERNATIVES TO BISPHENOL A. A. WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL CONVENE AN ADVISORY PANEL OF EXPERTS FOR THE PURPOSE OF ADVISING THE DEPARTMENT ON LEAST TOXIC ALTERNATIVES TO BISPHENOL A. THE NAMES OF THE MEMBERS OF THIS COMMITTEE SHALL BE AVAILABLE ON THE DEPARTMENT'S WEBSITE. B. THE ADVISORY COMMITTEE SHALL BE COMPOSED OF COMPETENT, INDEPENDENT SCIENTISTS WHO HAVE NO CURRENT OR PAST EMPLOYMENT OR FINANCIAL CONFLICTS OF INTEREST WITH MANUFACTURERS OF BISPHENOL A OR PRODUCTS CONTAINING BISPHENOL A. C. ADVISORY COMMITTEE MEMBERS SHALL HAVE SUBSTANTIAL EXPERIENCE IN EVALUATING TOXICOLOGICAL AND EPIDEMIOLOGICAL DATA ON TOXIC CHEMICALS, INCLUDING THEIR POTENTIAL CARCINOGENIC, ENDOCRINE DISRUPTIVE, REPRODUC- TIVE, DEVELOPMENTAL OR NEUROLOGICAL EFFECTS. CHEMICALS CONSIDERED TO BE TOXIC SHALL BE THOSE LIKELY TO CAUSE OR CONTRIBUTE TO ACUTE ILLNESS OR CHRONIC IMPACTS NEGATIVELY ALTERING HUMAN BIOLOGICAL FUNCTIONS OR ABILI- TY TO RESPOND TO ENVIRONMENTAL ASSAULTS. D. THE ADVISORY COMMITTEE SHALL BE CONVENED WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION AND AT SUCH TIMES AS THE DEPARTMENT SEEKS FURTHER RECOMMENDATIONS OR CLARIFICATIONS OF CURRENT DATA. ALL MEETINGS AND PROCEEDINGS OF THE COMMITTEE SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.