|SAME AS||SAME AS S08105|
|COSPNSR||Kavanagh, Rosenthal, Lifton, Colton, Santabarbara|
|Add Art 28-F §§495-a - 495-g, Gen Bus L|
|Protects consumers from toxic chemicals in children's products; defines terms; establishes a list of chemicals of high concern to children; discloses information; makes related changes.|
|06/13/2016||referred to consumer affairs and protection|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10715 SPONSOR: Rules (Englebright)
TITLE OF BILL: An act to amend the general business law, in relation to protecting consumers from toxic chemicals found in children's products   PURPOSE OR GENERAL IDEA OF BILL: The Parents' Right To Know Act protects consumers from toxic chemicals found in children's products by requiring disclosure of chemicals of high concern to children.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Section 495-a. Legislative declaration. 495-b. Definitions. Lists chemicals of high concern to children. 495-c. Requires the publishing of a list of chemicals of high concern to children. Requires a periodic review of this list. 495-d. Disclosure of information. Reporting of chemical occurrence. Every manufacturer who offers for sale or distribution in this state a children's product shall report to the department of state if a chemical of high concern to children is intentionally added to a children's prod- uct component at a level above the practical quantification limit (POW, or present in a children's product component produced by the manufactur- er as a contaminant at a concentration above one hundred parts per million. 495-e. Applicability. The provisions of this article shall apply to chemicals in children's products sold or distributed as new, and shall not apply to used children's products distributed for free, at second- hand stores, yard sales, on the Internet or donated to charities. 495-f. Enforcement and implementation. If the department of state suspects that a children's product is being offered or sold in violation of this article, they may request from the manufacturer a statement of compliance attesting that the product does not contain the chemical of high concern to children, attesting with documentation that notification was provided, or attest that the manufacturer has notified retailers of the presence of a chemical of high concern to children. The secretary of state may issue an order directing the cessation of the sale or distrib- ution by manufacturers, distributors, or retailers if in violation of this article. 495-g. Regulations. The departments of state and health may adopt such rules and regulations, as well as informal guidance consistent with other states, deemed necessary to implement the provisions of this arti- cle. Section 2. Severability clause.   JUSTIFICATION: Currently, there is no way for a parent to know if they are purchasing a product for their child which contains carcinogens or toxic chemicals. Parents have a right to know if there are harmful substances in the products they purchase for their children. The Parents' Right To Know Act gives parents the necessary tools to choose safe and healthy products for their children. Current testing has proven that there are known carcinogens and toxic chemicals in chil- dren's products, but there is no way for a parent to know which products contain substances that might put their children at risk. The Parents' Right To Know Act raises awareness of toxic chemicals in products for infants and children and creates a mechanism to disclose their presence in these products. The burden is minimal to the regulated sector of the economy, as they are already complying with similar laws in at least four other states on both the east and west coast. The poli- cy provides for centralized reporting and reciprocal data sharing among states, to further eliminate any burden of compliance. The infrastructure already exists at the Department of State to collect the data. The technology exists to easily inform parents about contam- inants in products while they shop. We need to give parents the tools they need to make educated choices about the products they purchase for their children.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect April 1, 2017.
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STATE OF NEW YORK ________________________________________________________________________ 10715 IN ASSEMBLY June 13, 2016 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright) -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to protecting consumers from toxic chemicals found 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. The general business law is amended by adding a new article 2 28-F to read as follows: 3 ARTICLE 28-F 4 CHEMICALS IN CHILDREN'S PRODUCTS ACT 5 Section 495-a. Legislative declaration. 6 495-b. Definitions. 7 495-c. Chemicals of high concern to children. 8 495-d. Disclosure of information. 9 495-e. Applicability. 10 495-f. Enforcement and implementation. 11 495-g. Regulations. 12 § 495-a. Legislative declaration. It is the policy of the state, 13 consistent with its duty to protect the health, safety, and welfare of 14 its citizens, to reduce exposure among children and other vulnerable 15 populations to hazards posed by chemicals. By enactment of this article, 16 the legislature confers upon the departments of state and health the 17 regulatory power to collect information on chemical use. 18 § 495-b. Definitions. For the purposes of this article, the following 19 terms shall have the following meanings: 20 1. "Children's apparel" means any item of clothing, footwear or 21 apparel, including, but not limited to, accessories that consist of 22 fabric or related material intended or promoted for use in children's 23 clothing. Children's apparel does not mean protective equipment designed 24 to prevent injury, including, but not limited to, bicycle helmets, 25 athletic supporters, knee pads or elbow pads. 26 2. "Chemical" means any organic or inorganic substance of a particular 27 molecular identity, including: (a) any combination of such substances EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15549-04-6A. 10715 2 1 occurring in whole or in part as a result of a chemical reaction or 2 occurring in nature; and (b) any element or uncombined radical. 3 3. "Chemicals of high concern to children" means: (a) the following 4 chemicals and their Chemical Abstract Service (CAS) registration 5 numbers: 6 1,1,2,2-Tetrachloroethane (79-34-5) 7 1,4-Dioxane (123-91-1) 8 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (1163-19-5) 9 2,4-Diaminotoluene (95-80-7) 10 2-Aminotoluene (95-53-4) 11 2-Ethylhexanoic Acid (149-57-5) 12 2-Ethyl-hexyl-4-methoxycinnamate (5466-77-3) 13 2-Methoxyethanol (109-86-4) 14 3,3'-Dimethylbenzidine and Dyes Metabolized to 3,3'-Dimethylbenzidine 15 (119-93-7) 16 4-Nonylphenol; 4-NP and its isomer mixtures including CAS 84852-15-3 17 and CAS 25154-52-3 (104-40-5) 18 4-tert-Octylphenol; 1,1,3,3-Tetramethyl-4-butylphenol (140-66-9) 19 Acetaldehyde (75-07-0) 20 Acrylonitrile (107-13-1) 21 Aniline (62-53-3) 22 Antimony (7440-36-0) & Antimony compounds 23 Arsenic (7440-38-2) & Arsenic compounds including arsenic trioxide 24 (1327-53-3) & dimethyl arsenic (75-60-5) 25 Asbestos (1332-21-4) 26 Benzene (71-43-2) 27 Benzene, pentachloro (608-93-5) 28 Benzophenone-2 (Bp-2); 2,2',4,4'-Tetrahydroxybenzophenone (131-55-5) 29 Bis(2-ethylhexyl)-tetrabromophthalate(TBPH)(26040-51-7) 30 Bisphenol A (80-05-7) 31 Butyl Benzyl phthalate (BBP) (85-68-7) 32 Butyl paraben (94-26-8) 33 Butylated hydroxyanisole; BHA (25013-16-5) 34 C.I. Solvent Yellow 14 (842-07-9) 35 Cadmium (7440-43-9) & cadmium compounds 36 Carbon disulfide (75-15-0) 37 Cobalt (7440-48-4) & cobalt compounds 38 Di-2-ethylhexyl phthalate (117-81-7) 39 Dibutyl phthalate (84-74-2) 40 Diethyl phthalate (84-66-2) 41 Diisodecyl phthalate (DIDP) (26761-40-0) 42 Diisononyl phthalate (DINP) (28553-12-0) 43 Di-n-Hexyl Phthalate (84-75-3) 44 Di-n-octyl phthalate (DnOP) (117-84-0) 45 Estragole (140-67-0) 46 Ethyl paraben (120-47-8) 47 Ethylbenzene (100-41-4) 48 Ethylene glycol (107-21-1) 49 Ethylene glycol monoethyl ester (110-80-5) 50 Formaldehyde (50-00-0) 51 Hexabromocyclododecane (25637-99-4) 52 Hexachlorobenzene (118-74-1) 53 Hexachlorobutadiene (87-68-3) 54 Lead (7439-92-1) 55 Mercury (7439-97-6) & mercury compounds including methyl mercury 56 (22967-92-6)A. 10715 3 1 Methyl ethyl ketone (78-93-3) 2 Methyl paraben (99-76-3) 3 Methylene chloride (75-09-2) 4 Molybdenum (7439-98-7) & molybdenum compounds 5 N-Methylpyrrolidone (872-50-4) 6 N-Nitrosodimethylamine (62-75-9) 7 N-Nitrosodiphenylamine (86-30-6) 8 Octamethylcyclotetrasiloxane (556-67-2) 9 para-Chloroaniline (106-47-8) 10 Perchloroethylene (127-18-4) 11 Perfluorooctanoic acid (PFOA)(335-67-1) 12 Perfluorooctanyl sulphonic acid and its salts; PFOS (1763-23-1) 13 Phenol (108-95-2) 14 Phenol, 4-octyl- (1806-26-4) 15 Phthalic Anhydride (85-44-9) 16 p-Hydroxybenzoic acid (99-96-7) 17 Propyl paraben (94-13-3) 18 Styrene (100-42-5) 19 Tetrabromobisphenol A (79-94-7) 20 Toluene (108-88-3) 21 Tris(1,3-dichloro-2-propyl)phosphate (13674-87-8) 22 Tris(2-chloroethyl) phosphate (115-96-8) 23 Vinyl chloride (75-01-4); and 24 (b) all phthalates specified as permanently banned from children's 25 toys and child care articles pursuant to section 108(a) of the US 26 Consumer Product Safety Improvement Act of 2008. 27 4. "Child or children" means a person or persons twelve years of age 28 or younger and "children" means persons twelve years of age or younger. 29 5. "Children's product" means a product primarily intended for, made 30 for, or marketed for use by children, including but not limited to: baby 31 products; toys; car seats; children's cosmetics; school supplies; a 32 product designed or intended by the manufacturer to help a child with 33 sucking or teething, to facilitate sleep, relaxation, or the feeding of 34 a child; children's novelty products; children's jewelry; children's 35 bedding, furniture, and furnishings; and children's apparel. This term 36 shall not include: (a) batteries; (b) consumer electronic products, 37 including, but not limited to, personal computers, audio and video 38 equipment, calculators, wireless telephones, game consoles, and handheld 39 devices incorporating a video screen used to access interactive soft- 40 ware, and their associated peripherals; (c) a drug, supplement, soap, 41 food or beverage or an additive to a food or beverage regulated by the 42 United States Food and Drug Administration; (d) a drug, biologic, or 43 medical device regulated by the United States Food and Drug Adminis- 44 tration; or (e) a pesticide product regulated by the United States Envi- 45 ronmental Protection Agency and registered by the department of environ- 46 mental conservation. 47 6. "Scientific evidence" means published scientific research and 48 analyses obtained from reliable sources, including, but not limited to, 49 peer-reviewed scientific journals, and reports from authoritative publ- 50 ic-health and environmental organizations. 51 7. "Component" means a uniquely identifiable or reasonably separate, 52 material that is intended to be included as a part of a finished chil- 53 dren's product. A single chemical is not considered a "component" unless 54 the entire material is composed of that single chemical. 55 8. "Contaminant" means a trace amount of any chemical incidental to 56 manufacturing, which serves no intended function in the finished chil-A. 10715 4 1 dren's product. A "contaminant" includes a chemical that is: an unin- 2 tended byproduct of chemical reactions during the manufacture of the 3 children's product; otherwise occurring in the environment; a trace 4 impurity in feed-stock; a component of incompletely reacted chemical 5 mixtures; and/or a product of degradation. 6 9. "Commissioner" means the commissioner of health. 7 10. "Distributor" means a person who sells children's products to 8 retail establishments. 9 11. "Intentionally added" means the deliberate use of a chemical in 10 the formulation of a product or component where its presence is desired 11 in the final product or component to provide a specific characteristic, 12 appearance or quality. 13 12. "Manufacturer" means any person who currently produces a chil- 14 dren's product or whose brand name is affixed to the children's product. 15 In the case of a children's product that was imported into the United 16 States, "manufacturer" means any person who currently produces a chil- 17 dren's product or whose brand name is affixed to the children's product. 18 In the case of a children's product that was imported into the United 19 States, "manufacturer" includes the importer or related corporate entity 20 that is registered in any state or has not contracted the services of an 21 agent in the United States. 22 13. "Practical quantification limit" (PQL) is the lowest concentration 23 that can be reliably measured within specified limits of precision, 24 accuracy, representativeness, completeness, and comparability during 25 routine laboratory operating conditions. This value is based on scien- 26 tifically defensible, standard analytical methods. The value for a given 27 chemical could be different depending on the matrix and the analytical 28 method used. PQLs are to be established by the department of state in 29 reliance upon findings made by the department of health after review of 30 scientific evidence and measurements using standard analytical methods 31 and in consideration of comparable values established by other authori- 32 tative bodies, including other states. 33 14. "Product category" means the "brick" level of the GS1 global prod- 34 uct classification (GPC) standard, which identifies a category incorpo- 35 rating products (global trade item numbers (GTINs)) that serve a common 36 purpose, are of a similar form and material, and share the same set of 37 category attributes. 38 15. "Retailer" means any person who sells or leases children's 39 products in the state to consumers. Such term shall not include: (a) 40 someone who purchased or acquired a product primarily for personal use 41 and who subsequently resells the product; or (b) any secondhand dealer. 42 16. "Secretary" means secretary of state. 43 § 495-c. Chemicals of high concern to children. 1. Publishing of 44 lists. Within one hundred eighty days of the effective date of this 45 article, the department of state shall post lists of chemicals of high 46 concern to children on its website. 47 2. Periodic review. The department of health may periodically review 48 the lists of chemicals of high concern to children and, through regu- 49 lation, add or remove chemicals of high concern to children from such 50 lists in reliance upon findings made by the department of health after 51 review of scientific evidence, that a chemical proposed for addition to 52 the list meets paragraphs (a) or (b) of this subdivision for chemicals 53 of high concern to children. Such review shall not take place more 54 frequently than once every three years, and not more than ten chemicals 55 may be added during each review period.A. 10715 5 1 (a) The commissioner has determined that an authoritative governmental 2 entity or accredited research university has demonstrated that the chem- 3 ical does one of the following: 4 (i) harms the normal development of a fetus or child or causes other 5 developmental toxicity in an intact organism; 6 (ii) is linked to cancer, genetic damage, is an asthmagen, or is 7 linked to reproductive harm in an intact organism; 8 (iii) disrupts the endocrine system to cause adverse effects in chil- 9 dren; 10 (iv) damages the nervous system, immune system, or organs or causes 11 other systemic toxicity in an intact organism; or 12 (v) is very persistent and very bioaccumulative. 13 (b) The chemical has been found to be present through any of the 14 following: 15 (i) biomonitoring to be present in human blood, umbilical cord blood, 16 breast milk, urine, or other bodily tissues or fluids; 17 (ii) sampling and analysis to be present in household dust, indoor 18 air, drinking water, or elsewhere in the home environment; or 19 (iii) monitoring to be present in fish, wildlife, or the natural envi- 20 ronment. 21 § 495-d. Disclosure of information. 1. Reporting of chemical occur- 22 rence. Every manufacturer who offers for sale or distribution in this 23 state a children's product shall report to the department of state if a 24 chemical of high concern to children is intentionally added to a chil- 25 dren's product component at a level above the PQL; or present in a chil- 26 dren's product component produced by the manufacturer as a contaminant 27 at a concentration above one hundred parts per million. 28 (a) To be in compliance with this requirement, such report shall be 29 submitted to the department of state: 30 (i) within ninety days of the effective date of this article; or 31 (ii) within ninety days of the addition of a chemical to the chemicals 32 of high concern to children list pursuant to section four hundred nine- 33 ty-five-c of this article. 34 (b) Format for notice. The secretary of state shall specify the format 35 for submission of the notice required by this section, provided that the 36 required format shall be consistent with the format for submission of 37 notice in other states with requirements substantially similar to the 38 requirements of this section. Any notice submitted under this section 39 shall contain the following information: 40 (i) the name of the chemical used or produced and its chemical 41 abstracts service registry number or accession number; 42 (ii) a description of the category or categories in which it occurs 43 containing the chemical; 44 (iii) the amount of the chemical contained in each unit of the product 45 or product component, reported by weight or parts per million in ranges 46 as follows: 47 (1) Equal to or more than the PQL but less than 100 ppm (0.01%); 48 (2) Equal to or more than 100 ppm (0.01%) but less than 500 ppm 49 (0.05%); 50 (3) Equal to or more than 500 ppm (0.05%) but less than 1,000 ppm 51 (0.10%); 52 (4) Equal to or more than 1,000 ppm (0.10%) but less than 5,000 ppm 53 (0.5%); or 54 (5) Equal to or more than 5,000 ppm (0.5%) but less than 10,000 ppm 55 (1.0%); or 56 (6) Equal to or more than 10,000 ppm (1.0%).A. 10715 6 1 (c) The department of state and the department of health are author- 2 ized to participate in an interstate chemicals clearinghouse to assist 3 in carrying out the requirements of this article. The department of 4 state may also enter into reciprocal data-sharing agreements with other 5 states in which a manufacturer of children's products is also required 6 to disclose information related to chemicals of high concern to children 7 in children's products. 8 2. Waiver of reporting. Upon application by a manufacturer, the secre- 9 tary may waive all or part of the reporting requirements under subdivi- 10 sion one of this section for one or more specified uses of a chemical of 11 high concern to children. In making such determination, the secretary 12 may consider: 13 (a) whether substantially equivalent information is already publicly 14 available or such information is not needed for the purposes of this 15 article; 16 (b) whether similar waivers have been granted by other states; 17 (c) whether the specified use or uses are minor in volume; 18 (d) whether the manufacturer either individually or jointly submits 19 the information required in a notice under this section to: 20 (i) a state with which the department of state has entered a recipro- 21 cal data-sharing agreement; or 22 (ii) a trade association, the Interstate Chemicals Clearinghouse, a 23 federal governmental agency, or other independent third party, who makes 24 that data available to the department of state on behalf of the manufac- 25 turer; 26 (e) whether the information required to be reported in a notice under 27 this section is provided to the department of state in an alternate but 28 complete format, including reference to information publicly available 29 in other states or by independent third parties; or 30 (f) whether the information required to be reported in a notice under 31 this section is available on or accessible from the department of 32 state's website. 33 3. Notice to retailers. A manufacturer of a children's product 34 containing a chemical of high concern to children shall notify, in a 35 form prescribed by the department of state, retailers that offer the 36 children's product for sale or distribution in the state of the presence 37 of such chemical of high concern to children and any other information 38 the departments of state and health deem appropriate. 39 4. Notice to consumers. The department of state, as deemed appropriate 40 by the secretary, shall notify consumers about children's products 41 containing chemicals of high concern. The notification shall be 42 published on the department of state's website in a form and manner 43 determined by the secretary. 44 5. Fees. The department of state may promulgate rules setting an 45 appropriate fee schedule for manufacturers to help defray the department 46 of state's and department of health's program costs. 47 6. Certificate of compliance. A manufacturer required to submit notice 48 under this section to the secretary of state may rely on a certificate 49 of compliance, data, or information from suppliers for determining 50 reporting obligations. A certificate of compliance provided by a suppli- 51 er under this subdivision shall be solely for the purpose of compliance 52 with the requirements of this article. 53 § 495-e. Applicability. 1. New children's products. The provisions of 54 this article shall apply to chemicals in children's products sold or 55 distributed as new. It shall not apply to used children's products thatA. 10715 7 1 are sold or distributed for free at secondhand stores, yard sales, on 2 the internet, or donated to charities. 3 2. Inaccessible components. Components that during reasonably foresee- 4 able use and abuse of the product would not come into direct contact 5 with the child's skin or mouth will not be subject to the requirements 6 of section four hundred ninety-five-d of this article, except by rule, 7 based on a case-by-case evaluation by the department of state. 8 3. Transportation. The requirements of this article shall not apply to 9 motor vehicles or their component parts, watercraft or their component 10 parts, all terrain vehicles or their component parts, or off-highway 11 motorcycles or their component parts, except that the use of chemicals 12 of high concern to children in detachable car seats is not exempt. 13 4. Combustion. The requirements of this article shall not apply to 14 chemicals generated solely as combustion byproducts or that are present 15 in combustible fuels. 16 5. Industry. The requirements of this article shall not apply to chem- 17 icals of high concern to children used in or for industry or manufactur- 18 ing, including chemicals processed or otherwise used in or for indus- 19 trial or manufacturing processes and not present in the final product. 20 § 495-f. Enforcement and implementation. 1. Statement of compliance. 21 If the department of state suspects that a children's product is being 22 offered or sold in violation of this article, the department of state 23 may request the manufacturer of the children's product to provide within 24 thirty days of receipt of a request from the department of state, a 25 statement of compliance on a form provided by the department of state. 26 The statement of compliance shall: 27 (a) attest that the children's product does not contain the chemical 28 of high concern to children; or 29 (b) attest and provide the department of state with documentation that 30 notification of the presence of a chemical of high concern to children 31 was provided to the department pursuant to section four hundred ninety- 32 five-d of this article; or 33 (c) attest that the manufacturer has notified retailers of the pres- 34 ence of chemical of high concern to children pursuant to subdivision 35 three of section four hundred ninety-five-d of this article. 36 2. Unauthorized sales. The secretary may issue an order directing the 37 cessation of the sale or distribution by manufacturers, distributors, or 38 retailers of any children's product being distributed, sold, leased, or 39 otherwise offered for sale in this state that is in violation of this 40 article. In the instance of non-compliance with such order, the depart- 41 ment of state shall provide the attorney general any information on the 42 sale, lease, or distribution of prohibited children's products. 43 3. Enforcement. Where it is determined, following a hearing, that a 44 person has violated one or more provisions of this article, the secre- 45 tary may assess a civil penalty no greater than five thousand dollars 46 per violation. Upon the occasion of a second violation, or subsequent 47 violations of this article, a civil penalty of no greater than fifty 48 thousand dollars may be assessed. Any proceeding conducted pursuant to 49 this subdivision shall be subject to the state administrative procedure 50 act. The hearing officer shall consider whether a retailer knowingly 51 offered such items for sale as a defense to violations of this section. 52 4. Violations. Pursuant to section sixty-three of the executive law, 53 the attorney general shall enforce violations of this article. 54 § 495-g. Regulations. The departments of state and health may adopt 55 such rules and regulations, as well as informal guidance consistent withA. 10715 8 1 other states, deemed necessary to implement the provisions of this arti- 2 cle. 3 § 2. Severability. If any clause, sentence, paragraph, section or part 4 of this act shall be adjudged by any court of competent jurisdiction to 5 be invalid and after exhaustion of all further judicial review, the 6 judgment shall not affect, impair or invalidate the remainder thereof, 7 but shall be confined in its operation to the clause, sentence, para- 8 graph, section or part of this act directly involved in the controversy 9 in which the judgment shall have been rendered. 10 § 3. This act shall take effect April 1, 2017.