Relates to banning formaldehyde in certain children's products.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to banning formaldehyde in certain children's products
PURPOSE: 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 intentionally added chemical ingredients that chemically degrade to release free formaldehyde at levels exceeding 0.05 percent, beginning April 1, 2016.
Section 2 of the bill establishes the effective date.
JUSTIFICATION: 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.
LEGISLATIVE HISTORY: This is a new bill.
EFFECTIVE DATE: This act shall take effect January 1, 2015.
STATE OF NEW YORK ________________________________________________________________________ 6415--C 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 -- 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 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, OR USED BY A CHILD, SUCH AS BABY PRODUCTS, TOYS, CAR SEATS, PERSONAL CARE PRODUCTS, A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER TO HELP A CHILD WITH SUCKING OR TEETHING, TO FACILITATE SLEEP, RELAXATION, OR THE FEEDING OF A CHILD, NOVELTY PRODUCTS, BEDDING, FURNITURE, FURNISHINGS, AND CHILDREN'S APPAREL. "CHILDREN'S PRODUCT" DOES NOT INCLUDE (I) BATTERIES; OR (II) CONSUMER ELECTRONIC PRODUCTS INCLUDING BUT NOT LIMITED TO PERSONAL COMPUTERS, AUDIO AND VIDEO EQUIPMENT, CALCULATORS, WIRELESS PHONES, GAME CONSOLES, AND HANDHELD DEVICES INCORPORATING A VIDEO SCREEN, USED TO ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPHERALS; OR (III) A FOOD OR BEVERAGE OR AN ADDITIVE TO A FOOD OR BEVERAGE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION; OR (IV) A PESTICIDE REGU- LATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; OR (V) A DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13324-11-4 S. 6415--C 2
(B) "CHILD" MEANS ANY PERSON AGED TWELVE AND UNDER. (C) "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL DELIBERATELY USED IN THE FORMULATION OF A PRODUCT OR SUBPART OF A PRODUCT. 2. FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN. BEGINNING APRIL FIRST, TWO THOUSAND SIXTEEN, NO RETAILER MAY SELL OR OFFER FOR SALE IN THIS STATE A CHILDREN'S PRODUCT THAT INTENTIONALLY CONTAINS: (A) FORMALDEH- YDE, INCLUDING FORMALDEHYDE CONTAINED IN A SOLUTION; OR (B) INGREDIENTS THAT CHEMICALLY DEGRADE UNDER NORMAL CONDITIONS OF TEMPERATURE AND PRESSURE TO RELEASE FREE FORMALDEHYDE AT LEVELS EXCEED- ING 0.05 PERCENT. S 2. This act shall take effect January 1, 2015.