Relates to chemicals in nap mats; prohibits the use of certain chemical flame retardants in nap mats used by children.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to chemicals in nap mats
PURPOSE OR GENERAL IDEA OF BILL: Prohibits the sale of nap mats containing halogenated chemical flame retardants in the state of New York.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides definitions for chemical flame retardants and nap mats. This section further prohibits the sale of nap mats containing halogenated chemical flame retardants in the state of New York.
Section 2 provides the effective date.
JUSTIFICATION: A recent study conducted by California's Center for Environmental Health found chemical flame retardants in an alarming number of nap mats on the market in California. This is despite the fact that nap mats have never been identified as an ignition source for fires. What is more, the United States Department of Commerce, National Bureau of Standards has found that there are no significant differences in fire resistance between treated and untreated polyurethane foams. Recognizing this and the fact that most home fires are caused by cigarettes, California has adopted a new "smolder standard" for upholstered furniture that would not require manufacturers to use chemical flame retardants.
Chemical flame retardants migrate out of furniture - including nap mats - and into house-hold dust. Because of their tendency to put items in their mouth, toddlers typically have three times the level of flame retardants as their parents. This exposure is on top of what babies are born with. An article in the Chicago Tribune stated "A typical American baby is born with the highest recorded concentrations of flame retardants among infants in the world."
Many flame retardants, most notably halogenated chemical retardants, have been associated with adverse health impacts. For example, the Consumer Product Safety Commission identified the flame retardant Tris as a threat to human health, and California has identified Tris as a suspected human carcinogen. In addition, when combusted, chemical flame retardants can also form harmful by-products with the potential to affect the health of firefighters adversely. A recent study in San Francisco found that firefighters had two to three times the rate of flame retardants in their blood stream than average and found that the 110 female firefighters in the study experienced a risk of breast cancer that was nearly six times higher than the general population.
In addition, there is precedent for banning dangerous flame retardants. New York State has previously banned the use of the brominated flame retardant PentaBDE, and banned the use of Tris (TCEP) in children's products.
Because chemical flame retardants have significant health concerns and do not prevent fires, they should not be used in children's sleeping pads. Accordingly, this bill would prohibit the sale of nap mats that
contain these unnecessary chemical, while providing retailers time to sell through any existing inventory they may have that is noncompliant with the provisions of this bill.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to New York State.
EFFECTIVE DATE: This act shall take effect January 1, 2016.
STATE OF NEW YORK ________________________________________________________________________ 7265 IN SENATE May 8, 2014 ___________Introduced by Sen. GRISANTI -- 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 chem- icals in nap mats 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 9 CHEMICAL FLAME RETARDANTS IN NAP MATS SECTION 37-0901. DEFINITIONS. 37-0903. PROHIBITION ON THE USE OF CHEMICAL FLAME RETARDANTS IN NAP MATS. S 37-0901. DEFINITIONS. AS USED IN THIS TITLE: 1. "CHEMICAL FLAME RETARDANTS" SHALL MEAN ANY HALOGENATED CHEMICAL FLAME RETARDANT, INCLUDING BUT NOT LIMITED TO TDCPP TRIS (1,3 DICHOLO- RO-2-PROPYL) PHOSPHATE, FIRE-MASTER 500 OR EQUIVALENT PRODUCT, TERT-BU- TYL MIXTURE, TCPP TRIS(1-CHLORO-2-PROPYL) PHOSPHATE, TPP (TRIPHENYL PHOSPHATE), AND ANY PHOSPHORUS-BROMINE FLAME RETARDANTS. 2. "NAP MAT" SHALL INCLUDE ANY ITEM OF FURNITURE INTENDED FOR INDOOR USE THAT CONSISTS, IN WHOLE OR IN PART, OF LEATHER, PLASTIC, FABRIC OR OTHER MATERIAL THAT CONTAINS COTTON, WOOL, POLYURETHANE OR OTHER NATURAL OR SYNTHETIC MATERIAL THAT IS PLACED IN SUCH ITEM AND IS INTENDED TO FACILITATE SLEEP OR RELAXATION OF A CHILD. S 37-0903. PROHIBITION ON THE USE OF CHEMICAL FLAME RETARDANTS IN NAP MATS. 1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA- NY OR CORPORATION SHALL SELL OR OFFER FOR SALE IN THE STATE OF NEW YORK ANY NAP MAT THAT CONTAINS CHEMICAL FLAME RETARDANTS INTENTIONALLY ADDED IN ORDER TO PROVIDE A SPECIFIC CHARACTERISTIC, APPEARANCE OR QUALITY, TO PERFORM A SPECIFIC FUNCTION, OR FOR ANY OTHER PURPOSE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13991-05-4 S. 7265 2
2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE SALE OR DISTRIBUTION OF ANY NAP MAT RESOLD OR OFFERED FOR RESALE, OR DISTRIBUTED BY CONSUMERS FOR CONSUMER USE. S 2. This act shall take effect January 1, 2016.