A03141 Summary:

BILL NO    A03141A

SAME AS    SAME AS S01526-B

SPONSOR    Sweeney (MS)

COSPNSR    Weisenberg, Boyland, Millman, Jaffee, Dinowitz, Titone, Gibson,
           Barron, Castro, Titus, Rosenthal, Englebright, Schimel, Kellner,
           Zebrowski, Colton, O'Donnell, Ortiz, Lifton, Kavanagh, Hooper, Rivera
           P, Scarborough, Cymbrowitz, Roberts, Gottfried, Abinanti,
           Peoples-Stokes, Paulin

MLTSPNSR   Cahill, Castelli, Cook, Crespo, Gabryszak, Galef, Glick, Hevesi,
           Jacobs, Latimer, Lupardo, Magee, Markey, McEneny, Miller M, Perry,
           Reilly, Thiele

Add Art 37 Title 9 SS37-0901 - 37-0917, En Con L

Relates to regulation of toxic chemicals in children's products; establishes
the interstate chemical clearinghouse.
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A03141 Actions:

BILL NO    A03141A

01/24/2011 referred to environmental conservation
05/10/2011 reported referred to codes
01/04/2012 referred to environmental conservation
03/06/2012 reported referred to codes
03/21/2012 amend and recommit to codes
03/21/2012 print number 3141a
03/27/2012 reported referred to ways and means
04/18/2012 reported 
04/19/2012 advanced to third reading cal.450
04/25/2012 passed assembly
04/25/2012 delivered to senate
04/25/2012 REFERRED TO ENVIRONMENTAL CONSERVATION
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A03141 Votes:

A03141A04/25/2012 104/39
AbbateYCanestrYFriendNOJordanNOMcDonouNOQuartYSimotasY
AbinantYCastellYGabryszYKatzNOMcEnenyYRaYSkartadY
AmedoreNOCastroYGalefYKavanagYMcKevitYRabbittNOSmardzNO
ArroyoYCerettoNOGanttYKearnsYMcLaughNORaiaYStevensER
AubryERClarkYGibsonYKellnerYMengERRamosYSweeneyY
BarclayNOColtonYGiglioNOKolbNOMill D NOReilichNOTediscoNO
BarrettYConteNOGlickYLancmanERMill JMNOReillyYTenneyNO
BarronYCookYGoldfedYLatimerYMill MGYRive J YThieleY
BenedetYCorwinNOGoodellYLavineYMillmanYRive N YTitoneY
BlankenNOCrespoYGottfriYLentolYMontesaNORive PMYTitusY
BoylandYCrouchNOGrafNOLiftonYMorelleYRobertsYTobaccoY
BoyleYCurranYGuntherYLinaresYMoyaYRobinsoERWalterNO
BraunstYCusickYHannaNOLope PDNOMurrayNORodriguYWeinsteY
BrennanYCymbrowYHawleyNOLope VJYNolanYRosenthYWeisenbER
BrindisYDenDekkYHeastieYLosquadNOOaksNORussellYWeprinY
BronsonYDinowitYHevesiYLupardoYO'DonneYRyanYWrightY
Brook KYDupreyNOHikindYMageeYOrtizYSaladinYZebrowsY
BurlingYEnglebrYHooperYMagnareYPalmesaNOSaywardNOMr SpkrY
ButlerNOEspinalYJacobsYMaiselYPaulinYScarborY
CahillYFarrellYJaffeeYMalliotYPeoplesYSchimelY
CalhounNOFinchNOJeffrieERMarkeyYPerryYSchimmiNO
CamaraYFitzpatNOJohnsNOMayerYPretlowYSimanowY

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A03141 Memo:

BILL NUMBER:A3141A

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
greater regulation of children's products,

SUMMARY OF SPECIFIC PROVISIONS:  This bill would:
* children's apparel;
* define chemical;
* define chemical of high concern; * define children;
* define children's product;
* define distributor;
* define manufacturer;
* define novelty product;
* define priority chemical;
* define toy;

*  requires  the Department of Environmental Conservation to establish a
website within one hundred and eighty days of the effective date of this
title, that is accessible to the public which  lists  all  chemicals  of
high concern and all priority chemicals;

*  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;

*permit designation of a priority chemical if:

o found to be present in humans;
o found to be present in household dust, indoor air, or drinking water;
o found to be present in fish, wildlife or the natural environment;
o found to be present in a consumer product or present in the home,
school or children's day care center;
o banned for sale in another state

*  require  every manufacturer that offers a children's product for sale
in this state that contains an intentionally added priority chemical, to
report to the department, in a form prescribed by  the  department,  the
following information:

o the identification of the product,
o the name of the priority chemical,
o the intended purpose of the chemicals

*  authorize  DEC  to waive all or part of the reporting requirement for
one or more specified uses of a priority chemical;

* require a manufacturer or distributor of a children's product contain-
ing a priority chemical to notify  persons  that  offer  the  children's

product  for  sale or distribution in the state, of the presence of such
priority chemical, and provide such persons with  information  regarding
the toxicity of such chemical;

*  require  the manufacturer or distributor to pay a fee upon submitting
the report of chemical use or  waiver  request  in  the  amount  of  six
hundred dollars per chemical;

*  prohibit the sale, effective January 1, 2016, of a children's product
containing a priority chemical;

* specify that the provisions of  this  act  shall  apply  only  to  new
products;

o exempt the following uses:
o in or for manufacturing;
o motor vehicles, watercrafts, combustion by-products, all terrain
vehicles or their component parts, or off-highway motorcycles or
their components;
o priority chemicals generated solely as combustion by-products or that
are present in combustible fuels;
o retailers who do not knowingly sell a prohibited children's product;

*  prohibit  the  sale  or  distribution  of a children's product if the
manufacturer or distributor has failed to provide the required  informa-
tion; and,

*  authorize DEC to participate in an interstate chemical clearing house
to assist in carrying out this title

JUSTIFICATION:  Currently, New York identifies or prohibits the  use  of
dangerous  chemicals  on  a chemical by chemical basis. This approach is
especially problematic for children's products since children are  often
more  vulnerable  to smaller amounts of chemicals. Several other states,
including Washington, California, and Maine have adopted more comprehen-
sive chemical policies, This. legislation is modeled after those  states
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.10089B of 2010 - Ways and Means

FISCAL  IMPLICATIONS  FOR  STATE AND LOCAL GOVERNMENTS:   Minimal impli-
cations to the state since the state already funds the Interstate Chemi-
cal Clearinghouse.

EFFECTIVE DATE: This act shall take effect on the 120th day.
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A03141 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3141--A

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 24, 2011
                                      ___________

       Introduced  by  M.  of A. SWEENEY, WEISENBERG, BOYLAND, MILLMAN, JAFFEE,
         DINOWITZ, TITONE, GIBSON, BARRON,  CASTRO,  TITUS,  ROSENTHAL,  ENGLE-
         BRIGHT, SCHIMEL, KELLNER, ZEBROWSKI, COLTON, O'DONNELL, ORTIZ, LIFTON,
         KAVANAGH,  HOOPER,  P. RIVERA, SCARBOROUGH, CYMBROWITZ, ROBERTS, GOTT-
         FRIED, ABINANTI, PEOPLES-STOKES -- Multi-Sponsored  by  --  M.  of  A.
         CAHILL,  CASTELLI,  COOK,  CRESPO,  GABRYSZAK,  GALEF,  GLICK, JACOBS,
         LATIMER, LUPARDO, MAGEE, MARKEY, McENENY,  M. MILLER,  PERRY,  REILLY,
         THIELE  --  read  once  and referred to the Committee on Environmental
         Conservation -- recommitted to the Committee on Environmental  Conser-
         vation  in  accordance  with  Assembly  Rule 3, sec. 2 -- reported and
         referred 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 regu-
         lation of toxic chemicals in children's products

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Article 37 of the environmental conservation law is amended
    2  by adding a new title 9 to read as follows:
    3                                  TITLE IX
    4                   TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
    5  SECTION 37-0901. DEFINITIONS.
    6          37-0903. CHEMICALS OF HIGH CONCERN.
    7          37-0905. PRIORITY CHEMICALS.
    8          37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
    9          37-0909. SALES PROHIBITION.
   10          37-0911. APPLICABILITY.
   11          37-0913. ENFORCEMENT AND IMPLEMENTATION.
   12          37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
   13          37-0917. REGULATIONS.
   14  S 37-0901. DEFINITIONS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03600-06-2
       A. 3141--A                          2

    1    AS  USED  IN  THIS  TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
    2  FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
    3    1.  "CHILDREN'S  APPAREL"  MEANS ANY ITEM OF CLOTHING THAT CONSISTS OF
    4  FABRIC OR RELATED MATERIAL INTENDED OR PROMOTED FOR  USE  IN  CHILDREN'S
    5  CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
    6  TO  PREVENT  INJURY,  INCLUDING,  BUT  NOT  LIMITED TO, BICYCLE HELMETS,
    7  ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
    8    2. "CHEMICAL" MEANS A SUBSTANCE WITH A DISTINCT MOLECULAR  COMPOSITION
    9  OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE BREAKDOWN
   10  PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
   11  DEGRADATION OR METABOLISM.
   12    3. "CHEMICAL OF HIGH CONCERN" MEANS A CHEMICAL INCLUDED IN THE LIST OF
   13  "CHEMICALS  OF  HIGH CONCERN" PUBLISHED IN JUNE 2009 PURSUANT TO CHAPTER
   14  16-D OF TITLE 38 OF THE MAINE REVISED STATUTES ANNOTATED.
   15    4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
   16    5. "CHILDREN'S PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED  FOR,  MADE
   17  FOR  OR MARKETED FOR USE BY CHILDREN, INCLUDING BABY PRODUCTS, TOYS, CAR
   18  SEATS, PERSONAL CARE PRODUCTS, A PRODUCT DESIGNED  OR  INTENDED  BY  THE
   19  MANUFACTURER  TO  HELP  A  CHILD WITH SUCKING OR TEETHING, TO FACILITATE
   20  SLEEP, RELAXATION, OR THE FEEDING OF A CHILD, NOVELTY PRODUCTS, BEDDING,
   21  FURNITURE, FURNISHINGS, AND CHILDREN'S APPAREL.    "CHILDREN'S  PRODUCT"
   22  DOES  NOT  INCLUDE  (A)  BATTERIES;  OR (B) CONSUMER ELECTRONIC PRODUCTS
   23  INCLUDING BUT NOT LIMITED TO PERSONAL COMPUTERS, AUDIO AND VIDEO  EQUIP-
   24  MENT,  CALCULATORS, WIRELESS PHONES, GAME CONSOLES, AND HANDHELD DEVICES
   25  INCORPORATING A VIDEO SCREEN, USED TO ACCESS  INTERACTIVE  SOFTWARE  AND
   26  THEIR  ASSOCIATED  PERIPHERALS; OR (C) A FOOD OR BEVERAGE OR AN ADDITIVE
   27  TO A FOOD OR BEVERAGE REGULATED BY  THE  UNITED  STATES  FOOD  AND  DRUG
   28  ADMINISTRATION;  OR (D) A TOBACCO PRODUCT OR PAPER OR FOREST PRODUCT; OR
   29  (E) A PESTICIDE REGULATED BY THE UNITED STATES ENVIRONMENTAL  PROTECTION
   30  AGENCY.    CHILDREN'S  PRODUCT ALSO DOES NOT INCLUDE A DRUG, BIOLOGIC OR
   31  MEDICAL DEVICE REGULATED BY THE UNITED STATES  FOOD  AND  DRUG  ADMINIS-
   32  TRATION.
   33    6.  "DISTRIBUTOR"  MEANS  A  PERSON  WHO  SELLS CHILDREN'S PRODUCTS TO
   34  RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
   35    7. "INTENTIONALLY ADDED" MEANS THE DELIBERATE USE IN  THE  FORMULATION
   36  OF  A  PRODUCT OR SUBPART WHERE ITS CONTINUED PRESENCE IS DESIRED IN THE
   37  FINAL PRODUCT OR SUBPART TO PROVIDE A SPECIFIC  CHARACTERISTIC,  APPEAR-
   38  ANCE OR QUALITY.
   39    8.  "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A FINAL
   40  CHILDREN'S PRODUCT OR WHOSE BRAND NAME  IS  AFFIXED  TO  THE  CHILDREN'S
   41  PRODUCT.  IN THE CASE OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE
   42  UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER  OR  FIRST  DOMESTIC
   43  DISTRIBUTOR  OF THE CHILDREN'S PRODUCT IF THE PERSON WHO CURRENTLY MANU-
   44  FACTURES OR ASSEMBLES THE CHILDREN'S PRODUCT  OR  WHOSE  BRAND  NAME  IS
   45  AFFIXED TO THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED
   46  STATES.
   47    9.  "NOVELTY  PRODUCT" MEANS A PRODUCT INTENDED MAINLY FOR PERSONAL OR
   48  HOUSEHOLD ENJOYMENT OR ADORNMENT. NOVELTY PRODUCTS INCLUDE, BUT ARE  NOT
   49  LIMITED TO, ITEMS INTENDED FOR USE AS PRACTICAL JOKES, FIGURINES, ADORN-
   50  MENTS, TOYS, GAMES, CARDS, ORNAMENTS, YARD STATUES AND FIGURES, CANDLES,
   51  JEWELRY, HOLIDAY DECORATIONS, OR SIMILAR PRODUCTS.
   52    10. "PRIORITY CHEMICAL" MEANS (A) THE FOLLOWING CHEMICALS:
   53    CASRN115-96-8     TRIS (2-CHLOROETHYL) PHOSPHATE
   54    CASRN71-43-2      BENZENE
   55    CASRN7439-92-1    LEAD AND COMPOUNDS (INORGANIC)
   56    CASRN7439-97-6    MERCURY AND MERCURY COMPOUNDS, INCLUDING METHYL
       A. 3141--A                          3

    1                      MERCURY (CASRN 22967-92-6)
    2    CASRN7439-98-7    MOLYBDENUM AND MOLYBDENUM COMPOUNDS
    3    CASRN7440-36-0    ANTIMONY AND ANTIMONY COMPOUNDS
    4    CASRN7440-38-2    ARSENIC AND ARSENIC COMPOUNDS INCLUDING ARSENIC
    5                      TRIOXIDE (CASRN 1327-53-3)
    6                      AND DIMETHYL ARSENIC (CASRN 75-60-5)
    7    CASRN7440-43-9    CADMIUM
    8    CASRN7440-48-4    COBALT AND COBALT COMPOUNDS AND
    9    (B)  A  CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0505
   10  OF THIS TITLE.
   11    11. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER  TO
   12  BE USED BY A CHILD AT PLAY.
   13  S 37-0903. CHEMICALS OF HIGH CONCERN.
   14    1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
   15  DATE  OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
   16  BLE TO THE PUBLIC IS  ESTABLISHED  THAT  LISTS  ALL  CHEMICALS  OF  HIGH
   17  CONCERN.
   18    2.  PERIODIC  REVIEW.  (A)  THE  DEPARTMENT,  IN CONSULTATION WITH THE
   19  DEPARTMENT OF HEALTH, MAY PERIODICALLY REVIEW THE LIST OF  CHEMICALS  OF
   20  HIGH  CONCERN  AND, THROUGH REGULATION, IDENTIFY ADDITIONAL CHEMICALS OF
   21  HIGH CONCERN, OR REMOVE A CHEMICAL FROM THE LIST OF  CHEMICALS  OF  HIGH
   22  CONCERN  BASED  ON EVIDENCE THAT THE CHEMICAL DOES NOT MEET THE CRITERIA
   23  OF THIS SUBDIVISION.  IN THE EVENT THAT A NEW DETERMINATION IS MADE BY A
   24  STATE, FEDERAL OR INTERNATIONAL  GOVERNMENTAL  ENTITY  THAT  A  CHEMICAL
   25  MEETS  THE  HIGH  CONCERN  CRITERIA,  NOTHING  HEREIN  SHALL PREVENT THE
   26  DEPARTMENT FROM ACTING TO ADD SUCH CHEMICALS  OUTSIDE  OF  THE  PERIODIC
   27  REVIEW PROCESS.
   28    (B)  THE  DEPARTMENT SHALL, UPON THIS REVIEW, IDENTIFY A CHEMICAL AS A
   29  CHEMICAL OF HIGH CONCERN IF IT DETERMINES THAT  THE  CHEMICAL  HAS  BEEN
   30  IDENTIFIED  BY  A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY ON
   31  THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS:
   32    (I) A CARCINOGEN, A  REPRODUCTIVE  OR  DEVELOPMENTAL  TOXICANT  OR  AN
   33  ENDOCRINE DISRUPTOR;
   34    (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
   35    (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
   36    (C)  IN  MAKING SUCH DETERMINATION, THE DEPARTMENT MAY CONSIDER BUT IS
   37  NOT LIMITED TO CONSIDERING:
   38    (I) CHEMICALS IDENTIFIED AS "GROUP 1 CARCINOGENS" OR "GROUP 2A  CARCI-
   39  NOGENS"  BY  THE  WORLD  HEALTH  ORGANIZATION,  INTERNATIONAL AGENCY FOR
   40  RESEARCH ON CANCER;
   41    (II) CHEMICALS IDENTIFIED AS "KNOWN TO  BE  A  HUMAN  CARCINOGEN"  AND
   42  "REASONABLY  ANTICIPATED  TO  BE A HUMAN CARCINOGEN" BY THE SECRETARY OF
   43  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN  SERVICES  PURSUANT  TO
   44  THE PUBLIC HEALTH SERVICE ACT, 42 UNITED STATES CODE, SECTION 241(B)(4),
   45  AS AMENDED;
   46    (III) CHEMICALS IDENTIFIED AS "GROUP A CARCINOGENS" OR "GROUP B CARCI-
   47  NOGENS" BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
   48    (IV)  CHEMICALS  IDENTIFIED AS REPRODUCTIVE OR DEVELOPMENTAL TOXICANTS
   49  BY:
   50    (A) THE  UNITED  STATES  DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES,
   51  NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE EVALUATION OF RISKS TO HUMAN
   52  REPRODUCTION; AND
   53    (B) THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF ENVIRON-
   54  MENTAL  HEALTH  HAZARD  ASSESSMENT PURSUANT TO THE CALIFORNIA HEALTH AND
   55  SAFETY CODE, SAFE DRINKING WATER AND  TOXIC  ENFORCEMENT  ACT  OF  1986,
   56  CHAPTER 6.6, SECTION 25249.8;
       A. 3141--A                          4

    1    (V) CHEMICALS IDENTIFIED AS A CHEMICAL OF HIGH CONCERN FOR CHILDREN OR
    2  A HIGH PRIORITY CHEMICAL OF HIGH CONCERN FOR CHILDREN OR AS A PERSISTENT
    3  BIOACCUMULATIVE  TOXIC CHEMICAL BY THE STATE OF WASHINGTON DEPARTMENT OF
    4  ECOLOGY, PURSUANT TO CHAPTER 70.240 OF THE REVISED CODE OF WASHINGTON OR
    5  CHAPTER 173-333 OF THE STATE OF WASHINGTON ADMINISTRATIVE CODE;
    6    (VI) CHEMICALS OF HIGH CONCERN AS SUCH CHEMICALS ARE IDENTIFIED BY THE
    7  STATE  OF MAINE'S DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND APPEARING
    8  ON SUCH DEPARTMENT'S LIST OF CHEMICALS OF HIGH CONCERN;
    9    (VII) CHEMICALS IDENTIFIED AS KNOWN  OR  LIKELY  ENDOCRINE  DISRUPTORS
   10  THROUGH  SCREENING  OR  TESTING  CONDUCTED  IN ACCORDANCE WITH PROTOCOLS
   11  DEVELOPED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY  PURSUANT
   12  TO THE UNITED STATES FOOD, DRUG AND COSMETIC ACT, 21 UNITED STATES CODE,
   13  346A(P),  AS  AMENDED BY THE FEDERAL FOOD QUALITY PROTECTION ACT (PUBLIC
   14  LAW 104-170) OR THE FEDERAL SAFE DRINKING WATER ACT,  42  UNITED  STATES
   15  CODE, SECTION 300J-17;
   16    (VIII)  CHEMICALS  LISTED ON THE BASIS OF ENDOCRINE-DISRUPTING PROPER-
   17  TIES IN ANNEX XIV, LIST OF SUBSTANCES SUBJECT  TO  AUTHORISATION,  REGU-
   18  LATION  (EC)  NO  1907/2006  OF  THE  EUROPEAN PARLIAMENT CONCERNING THE
   19  REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS;
   20    (IX) PERSISTENT, BIOACCUMULATIVE AND  TOXIC  CHEMICALS  IDENTIFIED  BY
   21  OTHER STATES OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AND
   22    (X)  A  VERY PERSISTENT, VERY BIOACCUMULATIVE CHEMICAL LISTED IN ANNEX
   23  XIV, LIST OF SUBSTANCES SUBJECT TO  AUTHORISATION,  REGULATION  (EC)  NO
   24  1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE REGISTRATION, EVALU-
   25  ATION, AUTHORIZATION AND RESTRICTION OF CHEMICALS.
   26  S 37-0905. PRIORITY CHEMICALS.
   27    1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
   28  DATE  OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
   29  BLE TO THE PUBLIC IS ESTABLISHED THAT LISTS ALL PRIORITY CHEMICALS.
   30    2. PERIODIC REVIEW. (A)  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
   31  DEPARTMENT OF HEALTH, MAY PERIODICALLY REVIEW THE LIST OF PRIORITY CHEM-
   32  ICALS AND, THROUGH REGULATION, IDENTIFY ADDITIONAL PRIORITY CHEMICALS OR
   33  REMOVE  A CHEMICAL FROM THE LIST OF PRIORITY CHEMICALS BASED ON EVIDENCE
   34  THAT THE CHEMICAL IS NOT PRESENT IN A CHILDREN'S  PRODUCT  OR  OTHERWISE
   35  SHOULD  NOT  BE SUBJECT TO THE REQUIREMENTS OF THIS TITLE.  IN THE EVENT
   36  THAT A NEW DETERMINATION IS MADE BY A STATE,  FEDERAL  OR  INTERNATIONAL
   37  GOVERNMENTAL  ENTITY  THAT A CHEMICAL MEETS THE PRIORITY CHEMICAL CRITE-
   38  RIA, NOTHING HEREIN SHALL PREVENT THE DEPARTMENT FROM ACTING TO ADD SUCH
   39  CHEMICALS OUTSIDE OF THE PERIODIC REVIEW PROCESS.
   40    (B) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
   41  IDENTIFY A CHEMICAL AS A PRIORITY CHEMICAL  IF,  UPON  SUCH  REVIEW,  IT
   42  DETERMINES  THAT  A  CHEMICAL OF HIGH CONCERN MEETS ANY OF THE FOLLOWING
   43  CRITERIA:
   44    (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND  THROUGH  BIOMONI-
   45  TORING  TO  BE  PRESENT IN HUMANS, INCLUDING HUMAN BLOOD, UMBILICAL CORD
   46  BLOOD, BREAST MILK, URINE OR OTHER BODILY TISSUES OR FLUIDS;
   47    (II) THE CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS  TO  BE
   48  PRESENT  IN  HOUSEHOLD  DUST, INDOOR AIR, DRINKING WATER OR ELSEWHERE IN
   49  THE HOME ENVIRONMENT;
   50    (III) THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT  IN
   51  FISH, WILDLIFE OR THE NATURAL ENVIRONMENT;
   52    (IV)  THE  CHEMICAL IS PRESENT IN A CHILDREN'S PRODUCT USED OR PRESENT
   53  IN THE HOME, SCHOOL, OR CHILDCARE CENTER; OR
   54    (V) THE SALE OR USE OF THE CHEMICAL OR A PRODUCT CONTAINING THE CHEMI-
   55  CAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE UNITED  STATES
   56  BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
       A. 3141--A                          5

    1    (C)  IF  A  CHEMICAL  IS REMOVED FROM THE LISTING OF CHEMICALS OF HIGH
    2  CONCERN, IT SHALL ALSO BE UNDESIGNATED AS A PRIORITY CHEMICAL.
    3  S 37-0907. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
    4    1.  REPORTING  OF  CHEMICAL  USE.  NO LATER THAN TWELVE MONTHS AFTER A
    5  PRIORITY CHEMICAL IS LISTED ON THE LIST PUBLISHED  PURSUANT  TO  SECTION
    6  37-0905  OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S PROD-
    7  UCT FOR SALE OR DISTRIBUTION IN  THIS  STATE  THAT  CONTAINS  AN  INTEN-
    8  TIONALLY  ADDED  PRIORITY CHEMICAL SHALL REPORT SUCH CHEMICAL USE TO THE
    9  DEPARTMENT IN A FORM PRESCRIBED BY THE DEPARTMENT.  THE  DEPARTMENT  MAY
   10  COLLABORATE  WITH OTHER STATES AND AN INTERSTATE CHEMICALS CLEARINGHOUSE
   11  IN DEVELOPING SUCH FORM.
   12    (A) THIS REPORT MUST AT A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT, THE
   13  PRIORITY CHEMICAL OR CHEMICALS CONTAINED IN THE CHILDREN'S PRODUCT,  AND
   14  THE  INTENDED  PURPOSE  OF THE CHEMICALS IN THE CHILDREN'S PRODUCT.  THE
   15  DEPARTMENT MAY ALSO REQUIRE REPORTING OF THE FOLLOWING INFORMATION:
   16    (I) THE POTENTIAL FOR HARM TO HUMAN HEALTH AND  THE  ENVIRONMENT  FROM
   17  SPECIFIC USES OF THE PRIORITY CHEMICAL;
   18    (II)  THE AMOUNT OF SUCH CHEMICAL IN EACH UNIT OF THE CHILDREN'S PROD-
   19  UCT, EXPRESSED IN A RANGE;
   20    (III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
   21  FROM THE CHILDREN'S PRODUCT TO THE ENVIRONMENT DURING THE PRODUCT'S LIFE
   22  CYCLE AND THE EXTENT TO WHICH USERS OF THE  PRODUCT  ARE  LIKELY  TO  BE
   23  EXPOSED TO THE CHEMICAL; OR
   24    (IV) INFORMATION ON THE EXTENT TO WHICH THE CHEMICAL IS PRESENT IN THE
   25  ENVIRONMENT OR HUMAN BODY.
   26    (B)  THE  DEPARTMENT  IS  AUTHORIZED TO DIRECT SUBMISSION OF A COPY OF
   27  SUCH REPORT TO THE INTERSTATE CHEMICALS CLEARINGHOUSE.
   28    2. WAIVER OF  REPORTING.  UPON  APPLICATION  BY  A  MANUFACTURER,  THE
   29  COMMISSIONER  MAY  WAIVE ALL OR PART OF THE REPORTING REQUIREMENTS UNDER
   30  SUBDIVISION ONE OF THIS SECTION FOR ONE OR  MORE  SPECIFIED  USES  OF  A
   31  PRIORITY  CHEMICAL.  IN  MAKING SUCH DETERMINATION, THE COMMISSIONER MAY
   32  CONSIDER: (A) IF SUBSTANTIALLY EQUIVALENT INFORMATION IS ALREADY PUBLIC-
   33  LY AVAILABLE OR THAT THE INFORMATION IS NOT NEEDED FOR THE  PURPOSES  OF
   34  THIS  CHAPTER,  (B)  SIMILAR  WAIVERS  GRANTED  BY OTHER STATES, AND (C)
   35  WHETHER THE SPECIFIED USE OR USES ARE MINOR IN VOLUME.
   36    3. NOTICE TO RETAILERS. A MANUFACTURER OR DISTRIBUTOR OF A  CHILDREN'S
   37  PRODUCT  CONTAINING  A PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER
   38  THE CHILDREN'S PRODUCT FOR SALE OR DISTRIBUTION IN THE STATE, IN A  FORM
   39  PRESCRIBED BY THE DEPARTMENT, OF THE PRESENCE OF SUCH PRIORITY CHEMICAL,
   40  AND PROVIDE SUCH PERSONS WITH INFORMATION REGARDING THE TOXICITY OF SUCH
   41  CHEMICAL.
   42    4.  FEES.  THE  MANUFACTURER  OR  DISTRIBUTOR  SHALL  PAY  A  FEE UPON
   43  SUBMISSION OF A REPORT OF CHEMICAL USE PURSUANT TO  SUBDIVISION  ONE  OF
   44  THIS  SECTION  OR  A  WAIVER REQUEST PURSUANT TO SUBDIVISION TWO OF THIS
   45  SECTION TO COVER THE DEPARTMENT'S REASONABLE COSTS IN THE AMOUNT OF  SIX
   46  HUNDRED DOLLARS PER CHEMICAL.
   47  S 37-0909. SALES PROHIBITION.
   48    EFFECTIVE  JANUARY  1, 2016, NO PERSON SHALL DISTRIBUTE, SELL OR OFFER
   49  FOR SALE IN THIS STATE A CHILDREN'S PRODUCT CONTAINING A PRIORITY CHEMI-
   50  CAL THAT HAS BEEN LISTED FOR AT LEAST ONE YEAR.   THIS  PROVISION  SHALL
   51  NOT  APPLY  TO  A  CHILDREN'S  PRODUCT SOLELY BASED ON ITS CONTAINING AN
   52  ENCLOSED BATTERY OR ENCLOSED ELECTRONIC COMPONENTS. THE COMMISSIONER MAY
   53  EXEMPT A CHILDREN'S PRODUCT FROM THIS PROHIBITION IF, IN THE COMMISSION-
   54  ER'S JUDGMENT, THE LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT  COULD
   55  POSE AN UNREASONABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
   56  S 37-0911. APPLICABILITY.
       A. 3141--A                          6

    1    1.  NEW  CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY
    2  TO CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND  DOES
    3  NOT  APPLY  TO USED CHILDREN'S PRODUCTS THAT ARE SOLD OR DISTRIBUTED FOR
    4  FREE AT SECONDHAND STORES, YARD SALES, ON THE  INTERNET  OR  DONATED  TO
    5  CHARITIES.
    6    2. INDUSTRY. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO PRIORI-
    7  TY  CHEMICALS USED IN OR FOR INDUSTRY OR MANUFACTURING, INCLUDING CHEMI-
    8  CALS PROCESSED OR OTHERWISE USED IN OR FOR INDUSTRIAL  OR  MANUFACTURING
    9  PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT.
   10    3.  TRANSPORTATION.  THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO
   11  MOTOR VEHICLES OR THEIR COMPONENT PARTS, WATERCRAFT OR  THEIR  COMPONENT
   12  PARTS,  ALL  TERRAIN  VEHICLES  OR THEIR COMPONENT PARTS, OR OFF-HIGHWAY
   13  MOTORCYCLES OR THEIR COMPONENT PARTS, EXCEPT THAT THE  USE  OF  PRIORITY
   14  CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
   15    4.  COMBUSTION.  THE  REQUIREMENTS  OF  THIS  TITLE SHALL NOT APPLY TO
   16  PRIORITY CHEMICALS GENERATED SOLELY AS COMBUSTION  BY-PRODUCTS  OR  THAT
   17  ARE PRESENT IN COMBUSTIBLE FUELS.
   18    5. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
   19  UNLESS  THAT  RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT CONTAINING A
   20  PRIORITY CHEMICAL AFTER THE EFFECTIVE DATE OF ITS PROHIBITION FOR  WHICH
   21  THAT  RETAILER  HAS  RECEIVED  PRIOR  NOTIFICATION  FROM A MANUFACTURER,
   22  DISTRIBUTOR OR THE STATE.
   23  S 37-0913.  ENFORCEMENT AND IMPLEMENTATION.
   24    1. FAILURE TO PROVIDE NOTICE. A CHILDREN'S PRODUCT CONTAINING A PRIOR-
   25  ITY CHEMICAL MAY NOT BE SOLD, OFFERED FOR SALE OR DISTRIBUTED  FOR  SALE
   26  IN  THIS  STATE  UNLESS THE MANUFACTURER OR DISTRIBUTOR HAS PROVIDED THE
   27  NOTIFICATION REQUIRED UNDER SECTION 37-0907 OF THIS TITLE  BY  THE  DATE
   28  REQUIRED IN SUCH SECTION. THE COMMISSIONER MAY EXEMPT A CHILDREN'S PROD-
   29  UCT  FROM  THIS PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE LACK
   30  OF AVAILABILITY OF THE CHILDREN'S PRODUCT  COULD  POSE  AN  UNREASONABLE
   31  RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
   32    2.  STATEMENT  OF  COMPLIANCE.  IF THERE ARE GROUNDS TO SUSPECT THAT A
   33  CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
   34  THE DEPARTMENT MAY REQUEST THE MANUFACTURER OR DISTRIBUTOR OF THE  CHIL-
   35  DREN'S  PRODUCT  TO PROVIDE A STATEMENT OF COMPLIANCE ON A FORM PROVIDED
   36  BY THE DEPARTMENT, WITHIN TEN DAYS OF RECEIPT  OF  A  REQUEST  FROM  THE
   37  DEPARTMENT. THE STATEMENT OF COMPLIANCE SHALL:
   38    (A)  ATTEST  THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE PRIORITY
   39  CHEMICAL; OR
   40    (B) ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT  NOTIFI-
   41  CATION OF THE PRESENCE OF THE PRIORITY CHEMICAL HAS BEEN PROVIDED TO THE
   42  DEPARTMENT  OR  PROVIDE  NOTICE  AS  REQUIRED BY SECTION 37-0907 OF THIS
   43  TITLE; OR
   44    (C) ATTEST THAT THE MANUFACTURER HAS NOTIFIED  PERSONS  WHO  SELL  THE
   45  PRODUCT IN THIS STATE THAT THE SALE OF THE CHILDREN'S PRODUCT IS PROHIB-
   46  ITED.
   47  S 37-0915. INTERSTATE CHEMICAL CLEARINGHOUSE.
   48    1. THE DEPARTMENT IS AUTHORIZED TO PARTICIPATE IN AN INTERSTATE CHEMI-
   49  CALS  CLEARINGHOUSE  TO  ASSIST IN CARRYING OUT THE REQUIREMENTS OF THIS
   50  TITLE. THE DEPARTMENT SHALL WORK IN COLLABORATION WITH OTHER STATES  AND
   51  AN  INTERSTATE CHEMICALS CLEARINGHOUSE FOR THE PURPOSE OF, INCLUDING BUT
   52  NOT LIMITED TO:
   53    (A) COLLECTION AND DISSEMINATION  OF  INFORMATION  REGARDING  CHEMICAL
   54  HAZARDS;
   55    (B)  COLLECTION  AND DISSEMINATION OF INFORMATION REGARDING THE USE OF
   56  CHEMICALS IN CHILDREN'S PRODUCTS;
       A. 3141--A                          7

    1    (C) ASSESSMENT OF ALTERNATIVES TO CHEMICALS AND THEIR USE IN PRODUCTS;
    2  AND
    3    (D) PUBLIC EDUCATION.
    4    2.  SUCH CLEARINGHOUSE IS AUTHORIZED TO MAINTAIN INFORMATION ON BEHALF
    5  OF THE STATE OF NEW YORK, INCLUDING, BUT  NOT  LIMITED  TO,  INFORMATION
    6  REGARDING  CHEMICALS CONTAINED IN CHILDREN'S PRODUCTS DISCLOSED PURSUANT
    7  TO SECTION 37-0907 OF THIS TITLE.
    8  S 37-0917. REGULATIONS.
    9    THE DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS  NECESSARY
   10  TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   11    S 2. This act shall take effect on the one hundred twentieth day after
   12  it  shall  have  become  a law. Effective immediately, the department of
   13  environmental conservation is authorized to implement  rules  and  regu-
   14  lations for the timely implementation of this act on its effective date.
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