S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7033
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES, GALEF, COOK, SIMON, LUPARDO,
   RICHARDSON, BLAKE, STECK -- Multi-Sponsored by -- M. of A. HYNDMAN  --
   read  once  and referred to the Committee on Corporations, Authorities
   and Commissions
 
 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:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04722-01-9
              

 A. 7033                             2
 
   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.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.