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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
3296--G
2009-2010 Regular Sessions
I N S E N A T E
March 13, 2009
___________
Introduced by Sens. THOMPSON, FOLEY, LANZA, BRESLIN, DIAZ,
HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KRUEGER, MONSERRATE, MONTGOM-
ERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SAMPSON, SERRANO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported favorably from said committee and committed to the
Committee on Codes -- 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 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Environmental
Conservation in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee and
committed to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the manufacture, distribution and sale of child pacifiers
and beverage containers containing bisphenol A
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby finds that
2 bisphenol A (BPA), a principal component in the production of polycarbo-
3 nate rigid plastic, is used in many products intended for use by young
4 children.
5 According to the U.S. Centers for Disease Control, ninety-three
6 percent of Americans have detectable levels of bisphenol A in their
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10403-21-0
S. 3296--G 2
1 bodies. Research studies have found that babies and toddlers have high-
2 er levels of bisphenol A in their bodies than do adults because of
3 greater exposure and reduced capacity to metabolize bisphenol A.
4 Bisphenol A is a known estrogen-mimicking endocrine disruptor chemi-
5 cal. Endocrine disruption has been linked to a greater number of common
6 ailments, including heart disease, immune system disruption, brain dete-
7 rioration, type-2 diabetes, cancer and obesity.
8 The state of New York must act to significantly reduce the harm from
9 bisphenol A, particularly for infants and children, the most vulnerable
10 within our population.
11 S 2. Article 37 of the environmental conservation law is amended by
12 adding a new title 5 to read as follows:
13 TITLE 5
14 BISPHENOL A
15 SECTION 37-0501. SHORT TITLE.
16 37-0503. DEFINITIONS.
17 37-0505. CHILD CARE PRODUCTS.
18 37-0507. PRODUCT LABELING.
19 37-0509. PREEMPTION.
20 37-0511. RULES AND REGULATIONS.
21 S 37-0501. SHORT TITLE.
22 THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE "BISPHENOL A-FREE
23 CHILDREN AND BABIES ACT".
24 S 37-0503. DEFINITIONS.
25 AS USED IN THIS TITLE:
26 "CHILD CARE PRODUCT" MEANS ALL PACIFIERS AND UNFILLED BEVERAGE
27 CONTAINERS TO BE USED BY CHILDREN UNDER THREE YEARS OLD FOR THE CONSUMP-
28 TION OF LIQUIDS INCLUDING PACIFIERS, BABY BOTTLES, BABY BOTTLE LINERS
29 AND CUPS, CUP LIDS, STRAWS AND SIPPY CUPS.
30 S 37-0505. CHILD CARE PRODUCTS.
31 1. BEGINNING DECEMBER FIRST, TWO THOUSAND TEN, NO PERSON, FIRM, PART-
32 NERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
33 SELL OR OFFER FOR SALE ANY CHILD CARE PRODUCT INTENDED FOR USE BY A
34 CHILD THREE YEARS OF AGE OR YOUNGER CONTAINING BISPHENOL A.
35 2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE SALE OR
36 DISTRIBUTION OF CHILD CARE PRODUCTS RESOLD OR OFFERED FOR RESALE, OR
37 DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
38 S 37-0507. PRODUCT LABELING.
39 THE COMMISSIONER SHALL AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT DO
40 NOT CONTAIN BISPHENOL A. THE LABEL ON SUCH PRODUCTS MAY PROMINENTLY
41 STATE "BISPHENOL A FREE" OR "BPA-FREE" TO INFORM CONSUMERS THAT THE
42 PRODUCT DOES NOT CONTAIN THE CHEMICAL BISPHENOL A.
43 S 37-0509. PREEMPTION.
44 JURISDICTION IN ALL MATTERS PERTAINING TO BISPHENOL A WHICH ARE REGU-
45 LATED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLU-
46 SIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY
47 RULE OR REGULATION PROMULGATED PURSUANT THERETO, RELATING TO BISPHENOL A
48 SHALL BE PREEMPTED.
49 S 37-0511. RULES AND REGULATIONS.
50 THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
51 AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
52 S 3. Section 71-3703 of the environmental conservation law, as amended
53 by chapter 671 of the laws of 1986, is amended to read as follows:
54 S 71-3703. Enforcement of article 37.
55 1. Any person who violates any of the provisions of, or who fails to
56 perform any duty imposed by section 37-0107 or any rule or regulation
S. 3296--G 3
1 promulgated pursuant hereto, shall be liable for a civil penalty not to
2 exceed two thousand five hundred dollars for each such violation and an
3 additional penalty of not more than five hundred dollars for each day
4 during which such violation continues, and, in addition thereto, such
5 person may be enjoined from continuing such violation.
6 2. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
7 PERFORM ANY DUTY IMPOSED BY SECTION 37-0505 OR ANY RULE OR REGULATION
8 PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO
9 EXCEED ONE THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
10 CONTINUES, AND IN ADDITION THERETO, SUCH PERSON MAY BE ENJOINED FROM
11 CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND VIOLATION BE
12 LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO
13 THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
14 CONTINUES.
15 S 4. This act shall take effect immediately.
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