Relates to banning formaldehyde in certain children's products.
BILL NUMBER:S6415A REVISED MEMO 05/28/2014
TITLE OF BILL: An act to amend the environmental conservation law, in relation to banning formaldehyde in certain children's products
This bill bans the sale of children's products that contain formaldehyde.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Article 37 of the environmental conservation law by adding a new title 9, and by adding Section 37-0901.
Section 1 of Section 37-0901 defines terms used in the bill. For the purposes of this bill, children are defined as those aged 12 and under.
Section 2 of Section 37-0901 sets forth the parameters of the ban of children's products containing formaldehyde, prohibiting retailers from selling a children's product that intentionally contains formaldehyde or ingredients that chemically degrade to release formaldehyde, beginning January 1, 2016.
Section 2 of the bill establishes the effective date.
Formaldehyde was added to the list of human carcinogens by the U.S. Department of Health and Human Services in 2011. Notwithstanding this, it continues to be used in many household products, including those intended for children.
A 2011 report by Washington Toxins Coalition and Safer States showcased the frequency with which formaldehyde was found in children's blankets, clothing, and toys even though it has been classified as a severe developmental toxin and in the worst category for carcinogenicity. Children are more susceptible to the dangers of formaldehyde which can cause serious nervous system damage and asthma.
In addition, formaldehyde is an environmental pollutant. A 2010 report by the National Toxicology Program showed that formaldehyde is present in indoor and outdoor air, soil, food, treated and untreated drinking water, surface water and groundwater. One of the major sources of airborne formaldehyde is off-gassing from consumer goods.
This is a new bill.
This act shall take effect January 1, 2015.
STATE OF NEW YORK ________________________________________________________________________ 6415--A IN SENATE January 22, 2014 ___________Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to banning formaldehyde in certain children's products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 37 of the environmental conservation law is amended by adding a new title 9 to read as follows: TITLE IX FORMALDEHYDE PROHIBITION SECTION 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS. S 37-0901. BANNING FORMALDEHYDE IN CERTAIN CHILDREN'S PRODUCTS. 1. DEFINITIONS. (A) "CHILDREN'S PRODUCT" MEANS A PRODUCT PRIMARILY DESIGNED, INTENDED OR MARKETED BY A MANUFACTURER TO BE PHYSICALLY APPLIED TO OR INTRODUCED INTO A CHILD'S BODY, INCLUDING ANY ARTICLE USED AS A COMPONENT OF SUCH A PRODUCT AND EXCLUDING A FOOD, BEVERAGE, DIETARY SUPPLEMENT, PHARMACEUTICAL PRODUCT OR BIOLOGIC, CHILDREN'S TOYS THAT ARE COVERED BY THE ASTM INTERNATIONAL F963 STANDARD FOR TOY SAFETY, OR A MEDICAL DEVICE AS DEFINED IN THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 USC 321(H), AS AMENDED THROUGH FEBRUARY FIFTEENTH, TWO THOUSAND THIR- TEEN. (B) "CHILD" MEANS ANY PERSON LESS THAN FOURTEEN YEARS OF AGE. 2. FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN. (A) BEGINNING JANUARY FIRST, TWO THOUSAND FIFTEEN, NO MANUFACTURER OR WHOLESALER MAY SELL OR OFFER FOR SALE IN THIS STATE A CHILDREN'S PRODUCT THAT INTENTIONALLY CONTAINS: (I) FORMALDEHYDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR (II) INGREDIENTS THAT CHEMICALLY DEGRADE UNDER NORMAL CONDITIONS OF TEMPERATURE AND PRESSURE TO RELEASE FORMALDEHYDE. (B) BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN, NO RETAILER MAY SELL OR OFFER FOR SALE IN THIS STATE A CHILDREN'S PRODUCT THAT INTEN- TIONALLY CONTAINS:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13324-05-4 S. 6415--A 2
(I) FORMALDEHYDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR (II) INGREDIENTS THAT CHEMICALLY DEGRADE UNDER NORMAL CONDITIONS OF TEMPERATURE AND PRESSURE TO RELEASE FORMALDEHYDE. 3. FORMALDEHYDE REPLACEMENT CHEMICALS. A MANUFACTURER SHALL NOT REPLACE A CHEMICAL WHOSE USE IS PROHIBITED IN SUBDIVISION TWO OF THIS SECTION WITH A CHEMICAL KNOWN TO THE MANUFACTURER TO HAVE BEEN IDENTI- FIED ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE BY A STATE, FEDERAL, OR INTERNATIONAL AGENCY AS BEING KNOWN OR SUSPECTED WITH A HIGH DEGREE OF PROBABILITY TO: (A) HARM THE NORMAL DEVELOPMENT OF A FETUS OR CHILD OR CAUSE OTHER DEVELOPMENTAL TOXICITY; (B) CAUSE CANCER, GENETIC DAMAGE, OR REPRODUCTIVE HARM; (C) DISRUPT THE ENDOCRINE OR HORMONE SYSTEM; OR (D) DAMAGE THE NERVOUS SYSTEM, IMMUNE SYSTEM, OR ORGANS, OR CAUSE OTHER SYSTEMIC TOXICITY. S 2. This act shall take effect January 1, 2015.