Amd SS37-0503 & 37-0505, 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 toys, liquids, foods and beverages in containers, for children 3 or younger, 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
________________________________________________________________________
2764
2015-2016 Regular Sessions
IN SENATE
January 29, 2015
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to regu-
lation of toys, and 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 37-0503 of the environmental conservation law, as
2 added by chapter 280 of the laws of 2010, is amended to read as follows:
3 § 37-0503. Definitions.
4 As used in this title[, "child]:
5 1. "Child care product" means all pacifiers and unfilled beverage
6 containers to be used by children under three years old for the consump-
7 tion of liquids including pacifiers, baby bottles, baby bottle liners
8 and cups, cup lids, straws and sippy cups.
9 2. "Toy" means all products designed or intended by the manufacturer
10 to be used for play by children three years of age and younger.
11 § 2. Section 37-0505 of the environmental conservation law, as added
12 by chapter 280 of the laws of 2010, is amended to read as follows:
13 § 37-0505. Child care products and toys.
14 1. Beginning December first, two thousand ten, no person, firm, part-
15 nership, association, limited liability company or corporation shall
16 sell or offer for sale any child care product intended for use by a
17 child three years of age or younger containing bisphenol A.
18 2. Beginning December first, two thousand fifteen, no person, firm,
19 partnership, association, limited liability company or corporation shall
20 sell or offer for sale any toy containing bisphenol A.
21 3. The provisions of this section shall not apply to the sale or
22 distribution of child care products resold or offered for resale, or
23 distributed by consumers for consumer use.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08281-01-5
S. 2764 2
1 § 3. Sections 37-0507, 37-0509 and 37-0511 of the environmental
2 conservation law are renumbered sections 37-0511, 37-0513 and 37-0515,
3 and two new sections 37-0507 and 37-0509 are added to read as follows:
4 § 37-0507. Food and beverage containers.
5 1. Beginning December first, two thousand sixteen, no person, firm,
6 partnership, association, limited liability company or corporation shall
7 sell or offer for sale any liquid, food or beverage in a can, jar or
8 other container containing bisphenol A if the liquid, food or beverage
9 is designed or intended primarily for consumption by children three
10 years of age or younger.
11 2. A manufacturer of a product that is subject to the provisions of
12 subdivision one of this section, may apply to the department for waiver
13 of the requirements of such subdivision for a period of one year, upon
14 proof that there are no available alternatives to bisphenol A in the
15 manufacture of the can, jar or other container that is subject to the
16 provisions of subdivision one of this section. After the granting of
17 such a waiver to a manufacturer, it may thereafter apply for one addi-
18 tional one year waiver.
19 § 37-0509. Alternatives to bisphenol A.
20 1. A manufacturer of a product prohibited to be sold or offered for
21 sale pursuant to this title shall:
22 a. not replace bisphenol A with another chemical compound that has
23 been scientifically established to be a known human carcinogen as clas-
24 sified by the United States Environmental Protection Agency, a develop-
25 mental toxin, an endocrine disrupter or a reproductive toxin;
26 b. use the least toxic alternative chemical compound to replace
27 bisphenol A;
28 c. provide, to the department prior to the manufacture of such prod-
29 uct, information on such least toxic alternative chemical compound; and
30 d. not manufacture such product until the department shall have certi-
31 fied such least toxic alternative chemical compound to replace bisphenol
32 A.
33 2. Every least toxic alternative chemical compound to replace bisphe-
34 nol A certified by the department shall:
35 a. be the least toxic alternative available; and
36 b. not be a known human carcinogen as classified by the United States
37 Environmental Protection Agency, a developmental toxin, an endocrine
38 disrupter or a reproductive toxin.
39 3. The department shall regularly update its listing of least toxic
40 chemical compounds certified pursuant to subdivision two of this section
41 and provide such updated listings to manufacturers to which subdivision
42 one of this section applies.
43 § 4. This act shall take effect immediately.
