NY State Senate Bill 2017-S3438

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Jan 23, 2017	referred to environmental conservation

co-Sponsors

2017-S3438 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §37-0901, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6415
2015-2016: S2591
2019-2020: S3567

2017-S3438 (ACTIVE) - Summary

Relates to banning formaldehyde in certain children's products.

2017-S3438 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3438

 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 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, 2019.

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 :

2015-2016: S2591A Amended and Recommitted to Environmental
Conservation
2013-2014: S.6415C Amended & Recommitted to Health/A8886-B Passed
Assembly

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law.

2017-S3438 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3438
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by Sens. SERRANO, HOYLMAN, LATIMER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation
 
 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.
 § 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.
   (B) "CHILD" MEANS ANY PERSON AGED TWELVE AND UNDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02936-01-7

 S. 3438                             2
 
   (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 NINETEEN, 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.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law.

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Senate Bill S3438

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2017-S3438 (ACTIVE) - Details

2017-S3438 (ACTIVE) - Summary

2017-S3438 (ACTIVE) - Sponsor Memo

2017-S3438 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3438

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Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Brad Hoylman-Sigal

2017-S3438 (ACTIVE) - Details

2017-S3438 (ACTIVE) - Summary

2017-S3438 (ACTIVE) - Sponsor Memo

2017-S3438 (ACTIVE) - Bill Text download pdf

Comments