Amd S37-0501, ren SS37-0507, 37-0509 & 37-0511 to be SS37-0511, 37-0513 & 37-0515, add SS37-0507 & 37-0509,
En Con L
Prohibits the sale or offering for sale of liquids, foods and beverages in containers containing bisphenol A; requires manufacturers of products containing bisphenol A to use the least toxic alternative chemical compound to replace bisphenol A.
STATE OF NEW YORK
________________________________________________________________________
3276
2015-2016 Regular Sessions
IN ASSEMBLY
January 22, 2015
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to regu-
lation of liquid, food 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. Section 37-0501 of the environmental conservation law, as
2 added by chapter 280 of the laws of 2010, is amended to read as follows:
3 § 37-0501. Short title.
4 This title shall be known and may be cited as the "bisphenol A-free
5 [children and babies] act".
6 § 2. Sections 37-0507, 37-0509 and 37-0511 of the environmental
7 conservation law are renumbered sections 37-0511, 37-0513 and 37-0515,
8 and two new sections 37-0507 and 37-0509 are added to read as follows:
9 § 37-0507. Liquid, food and beverage containers.
10 1. Beginning December first, two thousand sixteen, no person, firm,
11 partnership, association, limited liability company or corporation shall
12 sell or offer for sale any liquid, food or beverage in a can, jar or
13 other container containing bisphenol A.
14 2. A manufacturer of a product that is subject to the provisions of
15 subdivision one of this section, may apply to the department for waiver
16 of the requirements of such subdivision for a period of one year, upon
17 proof that there are no available alternatives to bisphenol A in the
18 manufacture of the can, jar or other container that is subject to the
19 provisions of subdivision one of this section. After the granting of
20 such a waiver to a manufacturer, it may thereafter apply for one addi-
21 tional one year waiver.
22 § 37-0509. Alternatives to bisphenol A.
23 1. A manufacturer of a product prohibited to be sold or offered for
24 sale pursuant to this title shall:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07429-01-5
A. 3276 2
1 a. not replace bisphenol A with another chemical compound that has
2 been scientifically established to be a known human carcinogen as clas-
3 sified by the United States Environmental Protection Agency, a develop-
4 mental toxin, an endocrine disrupter or a reproductive toxin;
5 b. use the least toxic alternative chemical compound to replace
6 bisphenol A;
7 c. provide, to the department prior to the manufacture of such prod-
8 uct, information on such least toxic alternative chemical compound; and
9 d. not manufacture such product until the department shall have certi-
10 fied such least toxic alternative chemical compound to replace bisphenol
11 A.
12 2. Every least toxic alternative chemical compound to replace bisphe-
13 nol A certified by the department shall:
14 a. be the least toxic alternative available; and
15 b. not be a known human carcinogen as classified by the United States
16 Environmental Protection Agency, a developmental toxin, an endocrine
17 disrupter or a reproductive toxin.
18 3. The department shall regularly update its listing of least toxic
19 chemical compounds certified pursuant to subdivision two of this section
20 and provide such updated listings to manufacturers to which subdivision
21 one of this section applies.
22 § 3. This act shall take effect immediately.
