Bill S770-2009

Prohibits the manufacture, distribution and sale of toys and child care products containing bisphenol-A or phthalates

Prohibits the manufacture, distribution and sale of certain toys and child care products containing bisphenol-A or phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

Details

Actions

  • Jan 6, 2010: REFERRED TO CONSUMER PROTECTION
  • Jan 15, 2009: REFERRED TO CONSUMER PROTECTION

Memo

 BILL NUMBER:  S770

TITLE OF BILL : An act to amend the general business law, in relation to prohibiting the manufacture, distribution and sale of toys and child care products, containing bisphenol-A or phthalates, which are intended for use by or upon a child under the age of fourteen years

PURPOSE : The bill would prohibit the manufacture, distribution and sale of certain toys and child care products containing bisphenol-A or phthalates which are intended for use by or upon a child.

SUMMARY OF PROVISIONS : Section 1: The general business law is amended by adding a new section 397-b to prohibit the manufacture, distribution, sale or offer for sale of any toy or child care product containing bisphenol-A and/or phthalates intended for use by a child under fourteen.

Defines "phthalates", for the purposes of this section as: di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).

Prohibits the sale of a toy or child care product containing any individual phthalate or multiple phthalates in concentrations in excess of 0.1 percent.

Prohibits the sale of a product intended for use by a child under fourteen, when such toy or product may be placed in the child's mouth containing any individual phthalate or multiple phthalates in concentrations in excess of 0.1 percent.

Requires manufacturers of such products or toys to use the least toxic alternative to bisphenol-A or phthalates in the product. Such alternatives shall not be: (i) Class A, B or C carcinogens as rated by the U.S. Environmental Protection Agency (EPA); or (ii) Substances listed as known or likely carcinogens; or substances known, likely to be or suggestive of being human carcinogens; or (iii) Reproductive toxicants that cause birth defects reproductive harm or developmental harm.

Contains civil penalty of $10,000 a day for violation of the bill's provisions.

Section 2: Establishes an effective date.

JUSTIFICATION : Phthalates are a family of chemicals used in many children's plastic products to improve flexibility. Children are exposed to phthalates through everyday contact with these products as well as through contact with indoor air and dust. Phthalates are used to plasticize food containers, toys, and shampoos These chemicals have been shown to have hormone disrupting properties and have been linked to premature birth, reproductive defects and early onset puberty.

Bisphenol-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. These plastics are used in many food and drink packaging applications. Bisphenol-A has been shown to be a hormone disrupter and is used in many products used by young children, including toys, pacifiers, baby bottles and teethers.

This bill will significantly reduce the risk posed to young children by these chemicals.

PRIOR LEGISLATIVE HISTORY : 2008 - Consumer Protection

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act would take effect January first, next succeeding the date on which it becomes law.

Text

STATE OF NEW YORK ________________________________________________________________________ 770 2009-2010 Regular Sessions IN SENATE January 15, 2009 ___________
Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to prohibiting the manufacture, distribution and sale of toys and child care products, containing bisphenol-A or phthalates, which are intended for use by or upon a child under the age of fourteen years THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 397-b to read as follows: S 397-B. TOYS AND CHILD CARE PRODUCTS; BISPHENOL-A AND PHTHALATES. 1. THE LEGISLATURE HEREBY FINDS THAT BISPHENOL-A, AN ESTROGEN-MIMICKING ENDOCRINE DISRUPTER CHEMICAL, IS USED IN THE PRODUCTION OF EPOXY RESINS AND POLYCARBONATE PLASTICS, AND IS THE MAIN INGREDIENT IN HARD POLYCAR- BONATE PLASTICS. THESE PLASTICS ARE USED IN MANY FOOD AND DRINK PACKAG- ING APPLICATIONS, AND THE RESINS ARE COMMONLY USED AS LACQUERS TO COAT METAL PRODUCTS SUCH AS FOOD CANS, BOTTLE TOPS AND WATER SUPPLY PIPES. BISPHENOL-A HAS BEEN SHOWN TO HAVE HORMONE DISRUPTING EFFECTS, AND IS ALSO USED IN MANY PRODUCTS INTENDED FOR USE BY YOUNG CHILDREN INCLUDING TOYS, PACIFIERS, BABY BOTTLES AND TEETHERS. THE LEGISLATURE ALSO FINDS THAT PHTHALATES ARE CHEMICALS USED TO PLAS- TICIZE SOME FOOD CONTAINERS, PLASTIC WRAP, TOYS, SHAMPOOS, PERFUMES AND BEAUTY PRODUCTS. SUCH CHEMICALS HAVE BEEN SHOWN TO HAVE HORMONE DISRUPT- ING EFFECTS. 2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA- NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE ANY TOY OR CHILD CARE PRODUCT CONTAINING BISPHENOL-A, INTENDED FOR USE BY A CHILD UNDER FOURTEEN YEARS OF AGE. 3. FOR THE PURPOSES OF THIS SECTION, "PHTHALATES" MEANS DI(2-ETHYLHEXYL) PHTHALATE (DEHP), DIBUTYL PHTHALATE (DBP), BENZYL BUTYL
PHTHALATE (BBP), DIISONONYL PHTHALATE (DINP), DIISODECYL PHTHALATE (DIDP), OR DI-N-OCTYL PHTHALATE (DNOP). 4. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA- NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE ANY TOY OR CHILD CARE PRODUCT CONTAINING ANY INDIVIDUAL PHTHALATE OR MULTIPLE PHTHALATES IN CONCENTRATIONS IN EXCESS OF 0.1 PERCENT. 5. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA- NY OR CORPORATION SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE ANY TOY OR CHILD CARE PRODUCT CONTAINING ANY INDIVIDUAL PHTHALATE OR MULTIPLE PHTHALATES IN CONCENTRATIONS IN EXCESS OF 0.1 PERCENT, INTENDED FOR USE BY A CHILD UNDER FOURTEEN YEARS OF AGE WHEN SUCH TOY OR PRODUCT MAY BE PLACED IN THE CHILD'S MOUTH. 6. EVERY MANUFACTURER OF A PRODUCT OR TOY PROHIBITED BY THIS SECTION SHALL USE THE LEAST TOXIC ALTERNATIVE TO THE BISPHENOL-A OR PHTHALATE IN THE TOY OR PRODUCT. SUCH ALTERNATIVE SHALL NOT BE (I) A CARCINOGEN RATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A, B OR C CARCI- NOGENS, OR SUBSTANCES LISTED AS KNOWN OR LIKELY CARCINOGENS, KNOWN TO BE HUMAN CARCINOGENS, LIKELY TO BE HUMAN CARCINOGENS OR SUGGESTIVE OF BEING HUMAN CARCINOGENS, AS DESCRIBED IN THE "LIST OF CHEMICALS EVALUATED FOR CARCINOGEN POTENTIAL"; OR (II) REPRODUCTIVE TOXICANTS THAT CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM OR DEVELOPMENTAL HARM AS IDENTIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. 7. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION WHICH VIOLATES ANY PROVISION OF THIS SECTION SHALL BE LIABLE FOR A CIVIL FINE OF NOT LESS THAN TEN THOUSAND DOLLARS FOR EACH DAY OF SUCH VIOLATION. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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