NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6328
SPONSOR: Sweeney (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to regulation of toxic chemicals in children's products
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide created regulation of children's
products.
SUMMARY OF SPECIFIC PROVISIONS:
This bill:
defines children as "a person or persons aged twelve and under";
defines "children's product" as "a product primarily intended for, made
for or marketed for use by children, such as baby products, toys, car
seats, personal care products, a product designed or intended by the
manufacturer to help a child with teething, to facilitate sleep, relaxa-
tion, or the feeding of a child, novelty products, bedding, furniture,
furnishings, and children's apparel;"
defines priority chemical as "a chemical on the list stated in this
legislation, or determined by DEC that shall not be permitted after
2018;"
requires the Department of Environmental Conservation to post lists of
priority chemicals and chemicals of high concern on the department's
website within one-hundred and eighty days of the effective date of this
title;
allows the Department of Environmental Conservation, in consultation
with the Department of Health to 'periodically review the list of chemi-
cals of high concern and identify or remove priority chemicals or chemi-
cals of high concern or based on credible scientific evidence;
permits designation of a priority chemical if such chemical is:
***found to be present in humans;
***found to be present in household dust, indoor air, or drinking water;
***found to be present in fish, wildlife or the natural environment;
***found to be present in a consumer product or present in the home,
school or children's day care center;
***banned for sale in another state
*requires manufacturers of children's products that contain an inten-
tionally-added priority chemical, to report to the Department the
following information:
***the identification of the product,
***the name of the priority chemical, and
***the intended purpose of the chemicals
*authorizes DEC to waive all or part of the reporting requirement for
one or more specified uses of a priority chemical;
*requires a manufacturer or distributor of a children's product contain-
ing a priority chemical to notify retailers of the presence of such
priority chemical, and provide information regarding the toxicity of
such chemical;
*requires the manufacturer to pay a fee of $600 for chemical reports,
and use or waiver requests;
*prohibits the sale. effective January 2018, of a children's product
containing a priority chemical; specifies; and,
*authorizes DEC to participate in an interstate chemical clearing house
JUSTIFICATION:
Currently, New York identifies or prohibits the use of dangerous chemi-
cals on a chemical by chemical basis. This approach is especially prob-
lematic for children's products since children are often more vulnerable
to smaller amounts of chemicals. Several other states, including Wash-
ington, California, and Maine have adopted more comprehensive chemical
policies. This legislation is modeled after those slates and is intended
to prevent the use of dangerous chemicals and ensure the use of safer
chemical alternatives in children's products.
PRIOR LEGISLATIVE HISTORY:
A. 3141-A of 2012 - 'Passed Assembly
A.10089-B of 2010 - Reported to Ways and Means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal implications to the state since the state already funds the
Interstate Chemical Clearinghouse.
EFFECTIVE DATE:
This act shall take effect on the 120th day.
