Add Art 37 Title 5 SS37-0501 - 37-0511, amd S71-3703, En Con L
Enacts the "bisphenol A-free children and babies act"; prohibits the manufacture, distribution and sale of child care products containing bisphenol A; prohibits the manufacture, distribution and sale of beverage and food containers containing bisphenol A; requires product labeling.
STATE OF NEW YORK
________________________________________________________________________
3296--H
Cal. No. 399
2009-2010 Regular Sessions
IN SENATE
March 13, 2009
___________
Introduced by Sens. THOMPSON, FOLEY, LANZA, BRESLIN, DIAZ,
HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KRUEGER, MONTGOMERY, ONORATO,
OPPENHEIMER, PARKER, PERKINS, SAMPSON, SERRANO, SQUADRON, STAVISKY --
read twice and ordered printed, and when printed to be committed to
the Committee on Environmental Conservation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- reported favorably from said committee and committed to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Environmental
Conservation in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee and
committed to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported favorably from said committee and committed to the
Committee on Finance -- reported favorably from said committee and
committed to the Committee on Rules -- reported favorably from said
committee, ordered to a third reading, passed by Senate and delivered
to the Assembly, recalled, vote reconsidered, restored to third read-
ing, amended and ordered reprinted, retaining its place in the order
of third reading
AN ACT to amend the environmental conservation law, in relation to
prohibiting the manufacture, distribution and sale of child pacifiers
and beverage containers containing bisphenol A
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10403-26-0
S. 3296--H 2
1 Section 1. Legislative intent. The legislature hereby finds that
2 bisphenol A (BPA), a principal component in the production of polycarbo-
3 nate rigid plastic, is used in many products intended for use by young
4 children.
5 According to the U.S. Centers for Disease Control, ninety-three
6 percent of Americans have detectable levels of bisphenol A in their
7 bodies. Research studies have found that babies and toddlers have high-
8 er levels of bisphenol A in their bodies than do adults because of
9 greater exposure and reduced capacity to metabolize bisphenol A.
10 Bisphenol A is a known estrogen-mimicking endocrine disruptor chemi-
11 cal. Endocrine disruption has been linked to a greater number of common
12 ailments, including heart disease, immune system disruption, brain dete-
13 rioration, type-2 diabetes, cancer and obesity.
14 The state of New York must act to significantly reduce the harm from
15 bisphenol A, particularly for infants and children, the most vulnerable
16 within our population.
17 § 2. Article 37 of the environmental conservation law is amended by
18 adding a new title 5 to read as follows:
19 TITLE 5
20 BISPHENOL A
21 Section 37-0501. Short title.
22 37-0503. Definitions.
23 37-0505. Child care products.
24 37-0507. Product labeling.
25 37-0509. Preemption.
26 37-0511. Rules and regulations.
27 § 37-0501. Short title.
28 This title shall be known and may be cited as the "bisphenol A-free
29 children and babies act".
30 § 37-0503. Definitions.
31 As used in this title, "child care product" means all pacifiers and
32 unfilled beverage containers to be used by children under three years
33 old for the consumption of liquids including pacifiers, baby bottles,
34 baby bottle liners and cups, cup lids, straws and sippy cups.
35 § 37-0505. Child care products.
36 1. Beginning December first, two thousand ten, no person, firm, part-
37 nership, association, limited liability company or corporation shall
38 sell or offer for sale any child care product intended for use by a
39 child three years of age or younger containing bisphenol A.
40 2. The provisions of this section shall not apply to the sale or
41 distribution of child care products resold or offered for resale, or
42 distributed by consumers for consumer use.
43 § 37-0507. Product labeling.
44 The commissioner may authorize product labeling of products that do
45 not contain bisphenol A. The label on such products may prominently
46 state "Bisphenol A Free" or "BPA-Free" to inform consumers that the
47 product does not contain the chemical bisphenol A.
48 § 37-0509. Preemption.
49 Jurisdiction in all matters pertaining to bisphenol A which are regu-
50 lated pursuant to the provisions of this title shall be vested exclu-
51 sively in the state.
52 § 37-0511. Rules and regulations.
53 The department is authorized to promulgate such rules and regulations
54 as it shall deem necessary to implement the provisions of this title.
55 § 3. Section 71-3703 of the environmental conservation law, as amended
56 by chapter 671 of the laws of 1986, is amended to read as follows:
S. 3296--H 3
1 § 71-3703. Enforcement of article 37.
2 1. Any person who violates any of the provisions of, or who fails to
3 perform any duty imposed by section 37-0107 or any rule or regulation
4 promulgated pursuant hereto, shall be liable for a civil penalty not to
5 exceed two thousand five hundred dollars for each such violation and an
6 additional penalty of not more than five hundred dollars for each day
7 during which such violation continues, and, in addition thereto, such
8 person may be enjoined from continuing such violation.
9 2. Any person who violates any of the provisions of, or who fails to
10 perform any duty imposed by section 37-0505 or any rule or regulation
11 promulgated pursuant hereto, shall be liable for a civil penalty not to
12 exceed one thousand dollars for each day during which such violation
13 continues, and in addition thereto, such person may be enjoined from
14 continuing such violation. Such person shall for a second violation be
15 liable to the people of the state for a civil penalty not to exceed two
16 thousand five hundred dollars for each day during which such violation
17 continues.
18 § 4. This act shall take effect immediately.
