STATE OF NEW YORK
________________________________________________________________________
7660
IN SENATE
February 5, 2018
___________
Introduced by Sen. AVELLA -- 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 toxic chemicals in pet 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 PET PRODUCTS
5 Section 37-0901. Definitions.
6 37-0903. Priority chemicals and chemicals of high concern.
7 37-0905. Disclosure of information on priority chemicals.
8 37-0907. Sales prohibition.
9 37-0909. Applicability.
10 37-0911. Enforcement and implementation.
11 37-0913. Interstate chemical clearinghouse.
12 37-0915. Regulations.
13 § 37-0901. Definitions.
14 As used in this title, unless the context otherwise indicates, the
15 following terms have the following meanings.
16 1. "Chemical" means a substance with a distinct molecular composition
17 or a group of structurally related substances and includes the breakdown
18 products of the substance or substances that form through decomposition,
19 degradation or metabolism.
20 2. "Chemicals of high concern" means:
21 (a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
22 (a-1) 1,2-Dibromoethane (CAS 106-93-4)
23 (a-2) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140-
24 66-9)
25 (a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS
26 27193-28-8)
27 (a-4) 1,3-Butadiene (CAS 106-99-0)
28 (b) 1,4-Dioxane (CAS 123-91-1)
29 (c) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS
30 1163-19-5)
31 (d) 2,4-Diaminotoluene (CAS 95-80-7)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11307-01-7
S. 7660 3
1 (vv) Methyl paraben (CAS 99-76-3)
2 (ww) Methylene chloride (CAS 75-09-2)
3 (ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)
4 (xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)
5 (xx-1) Mono-n-butylphthalate (CAS 131-70-4)
6 (yy) N-methylpyrrolidone (CAS 872-50-4)
7 (yy-1) Nickel and nickel compounds (CAS N/A)
8 (zz) N-nitrosodimethylamine (CAS 62-75-9)
9 (aaa) N-nitrosodiphenylamine (CAS 86-30-6)
10 (bbb) Octamethylcyclotetrasiloxane (CAS 556-67-2)
11 (ccc) Para-chloroaniline (CAS 106-47-3)
12 (ddd) Perchloroethylene (CAS 127-18-4)
13 (eee) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763-
14 23-1)
15 (fff) Phenol (CAS 108-95-2)
16 (ggg) Phenol, 4-octyl- (CAS 1806-26-4)
17 (hhh) Phthalic anhydride (CAS 85-44-9)
18 (iii) P-hydroxybenzoic acid (CAS 99-96-7)
19 (jjj) Propyl paraben (CAS 94-13-3)
20 (jjj-1) Silica, crystalline (in the form of quartz or cristabolite
21 dust) (CAS 14808-60-7)
22 (kkk) Styrene (CAS 100-42-5)
23 (lll) Tetrabromobisphenol A (CAS 79-94-7)
24 (mmm) Toluene (CAS 108-88-3)
25 (nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)
26 (ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
27 (ppp) Vinyl chloride (CAS 75-01-4)
28 3. "Distributor" means a person who sells pet products to retail
29 establishments on a wholesale basis.
30 4. "Intentionally added" means the deliberate use in the formulation
31 of a product or subpart where its continued presence is desired in the
32 final product or subpart to provide a specific characteristic, appear-
33 ance or quality.
34 5. "Manufacturer" means any person who currently manufactures pet
35 products or whose brand name is affixed to a pet product. In the case of
36 pet products that were imported into the United States, "manufacturer"
37 includes the importer or first domestic distributor of the pet products
38 if the person who currently manufactures or assembles the pet products
39 or whose brand name is affixed to the pet products does not have a pres-
40 ence in the United States.
41 6. "Pet" means any domesticated animal normally maintained in or near
42 the household of the owner or person who cares for such domesticated
43 animal. "Pet" shall not include a "farm animal" as defined by subdivi-
44 sion four of section three hundred fifty of the agriculture and markets
45 law.
46 7. "Pet apparel" means any item of clothing that consists of fabric or
47 related material intended or promoted for use in pet clothing.
48 8. "Pet product" means a product primarily intended for, made for or
49 marketed for use by a pet, such as toys, car seats, bedding, personal
50 care products, a product designed or intended by the manufacturer to be
51 chewed by the pet, and pet apparel. "Pet product" does not include a
52 food or beverage or an additive to a food or beverage regulated by the
53 United States Food and Drug Administration.
54 9. "Priority chemical" means (a) the following chemicals:
55 CASRN13674-87-8Tris (1, 3 dichloro-2-propyl) phosphate
56 CASRN71-43-2Benzene
S. 7660 4
1 CASRN7439-92-1lead and compounds (inorganic)
2 CASRN7439-97-6Mercury and mercury compounds, including methyl
3 mercury (CASRN 22967-92-6)
4 CASRN50-00-0Formaldahyde
5 CASRN7440-36-0Antimony and antimony compounds
6 CASRN7440-38-2Arsenic and arsenic compounds including arsenic
7 trioxide (CASRN 1327-53-3)
8 and dimethyl arsenic (CASRN 75-60-5)
9 CASRN7440-43-9Cadmium
10 CASRN7440-48-4Cobalt and cobalt compounds and
11 (b) a chemical adopted by the department pursuant to section 37-0903
12 of this title.
13 10. "Toy" means a product designed or intended by the manufacturer to
14 be used by a pet at play.
15 § 37-0903. Priority chemicals and chemicals of high concern.
16 1. Publishing of list. Within one hundred eighty days of the effective
17 date of this title, the department shall post lists of priority chemi-
18 cals and chemicals of high concern on the department's website.
19 2. Periodic review. (a) The department, in consultation with the
20 department of health, may periodically review the list of priority chem-
21 icals and, through regulation, identify additional priority chemicals or
22 chemicals of high concern or remove a chemical from such lists based on
23 evidence that the chemical is not present in a pet product or otherwise
24 should not be subject to the requirements of this title. Nothing herein
25 shall prevent the department from acting to add such chemicals outside
26 of the periodic review process.
27 (b) If a chemical is removed from the listing of chemicals of high
28 concern, it shall also be undesignated as a priority chemical.
29 (c) The department, in consultation with the department of health
30 shall identify a chemical as a chemical of high concern if, upon review,
31 it determines that the chemical has been identified by a state, federal
32 or international governmental entity on the basis of credible scientific
33 evidence as:
34 (i) A carcinogen, a reproductive or developmental toxicant or an
35 endocrine disruptor;
36 (ii) Persistent, bioaccumulative and toxic; or
37 (iii) Very persistent and very bioaccumulative.
38 (d) In making such determination, the department may consider but is
39 not limited to considering:
40 (i) chemicals identified as "Group 1 carcinogens" or "Group 2A carci-
41 nogens" by the World Health Organization, International Agency for
42 Research on Cancer;
43 (ii) chemicals identified as "Group A carcinogens" or "Group B carci-
44 nogens" by the United States Environmental Protection Agency;
45 (iii) persistent, bioaccumulative and toxic chemicals identified by
46 other states or the United States Environmental Protection Agency; and
47 (iv) a very persistent, very bioaccumulative chemical listed in Annex
48 XIV, List of Substances Subject to Authorisation, Regulation (EC) No
49 1907/2006 of the European Parliament concerning the Registration, Evalu-
50 ation, Authorisation and Restriction of Chemicals.
51 § 37-0905. Disclosure of information on priority chemicals.
52 1. Reporting of chemical use. No later than twelve months after a
53 priority chemical is listed on the list published pursuant to section
54 37-0903 of this title, every manufacturer who offers a pet product for
55 sale or distribution in this state that contains an intentionally added
56 priority chemical shall report such chemical use to the department. The
S. 7660 5
1 department may collaborate with other states and an interstate chemicals
2 clearinghouse in developing such form.
3 (a) This report must at a minimum identify the pet product, the prior-
4 ity chemical or chemicals contained in the pet product, and the intended
5 purpose of the chemicals in the pet product. The department may also
6 require reporting of the following information:
7 (i) the potential for harm to animal health and the environment from
8 specific uses of the priority chemical;
9 (ii) the amount of such chemical in each unit of the pet product,
10 expressed in a range;
11 (iii) information on the likelihood that the chemical will be released
12 from the pet product to the environment during the product's life cycle
13 and the extent to which users of the product are likely to be exposed to
14 the chemical; or
15 (iv) information on the extent to which the chemical is present in the
16 environment or animal body.
17 (b) The department is authorized to direct submission of a copy of
18 such report to the interstate chemicals clearinghouse.
19 2. Waiver of reporting. Upon application by a manufacturer, the
20 commissioner may waive all or part of the reporting requirements under
21 subdivision one of this section for one or more specified uses of a
22 priority chemical. In making such determination, the commissioner may
23 consider: (a) if substantially equivalent information is already public-
24 ly available or that the information is not needed for the purposes of
25 this chapter, (b) similar waivers granted by other states, and (c)
26 whether the specified use or uses are minor in volume.
27 3. Notice to retailers. A manufacturer of a pet product containing a
28 priority chemical shall notify persons that offer the pet products for
29 sale or distribution in the state, in a form prescribed by the depart-
30 ment, of the presence of such priority chemical, and provide such
31 persons with information regarding the toxicity of such chemical.
32 4. Fees. The manufacturer shall pay a fee upon submission of a report
33 of chemical use pursuant to subdivision one of this section or a waiver
34 request pursuant to subdivision two of this section to cover the depart-
35 ment's reasonable costs in the amount of six hundred dollars per chemi-
36 cal.
37 § 37-0907. Sales prohibition.
38 Effective January 1, 2020, no person shall distribute, sell or offer
39 for sale in this state pet products containing a priority chemical that
40 has been listed for at least one year.
41 § 37-0909. Applicability.
42 1. New pet products. The provisions of this title shall apply to chem-
43 icals in pet products sold or distributed as new and does not apply to
44 used pet products that are sold or distributed for free at secondhand
45 stores, yard sales, on the internet or donated to charities.
46 2. Industry. The requirements of this title shall not apply to priori-
47 ty chemicals used in or for industry or manufacturing, including chemi-
48 cals processed or otherwise used in or for industrial or manufacturing
49 processes and not included in the final product.
50 3. Transportation. The requirements of this title shall not apply to
51 motor vehicles or their component parts, watercraft or their component
52 parts, all terrain vehicles or their component parts, or off-highway
53 motorcycles or their component parts, except that the use of priority
54 chemicals in detachable car seats for pets is not exempt.
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1 4. Combustion. The requirements of this title shall not apply to
2 priority chemicals generated solely as combustion by-products or that
3 are present in combustible fuels.
4 5. Retailers. A retailer is exempt from the requirements of this title
5 unless that retailer knowingly sells a pet product containing a priority
6 chemical after the effective date of its prohibition for which that
7 retailer has received notification pursuant to subdivision three of
8 section 37-0905 of this title.
9 § 37-0911. Enforcement and implementation.
10 1. Failure to provide notice. A pet product containing a priority
11 chemical may not be sold, offered for sale or distributed for sale in
12 this state unless the manufacturer has provided the notification
13 required under section 37-0905 of this title by the date required in
14 such section. The commissioner may exempt a pet product from this prohi-
15 bition if, in the commissioner's judgment, the lack of availability of
16 the pet product could pose an unreasonable risk to public health, safety
17 or welfare.
18 2. Statement of compliance. If there are grounds to suspect that a pet
19 product is being offered for sale in violation of this title, the
20 department may request the manufacturer of the pet product to provide a
21 statement of compliance on a form provided by the department, within ten
22 days of receipt of a request from the department. The statement of
23 compliance shall:
24 (a) attest that the pet product does not contain the priority chemi-
25 cal; or
26 (b) attest and provide the department with documentation that notifi-
27 cation of the presence of the priority chemical has been provided to the
28 department or provide notice as required by section 37-0905 of this
29 title; or
30 (c) attest that the manufacturer has notified persons who sell the
31 product in this state that the sale of the pet product is prohibited.
32 § 37-0913. Interstate chemical clearinghouse.
33 1. The department is authorized to participate in an interstate chemi-
34 cals clearinghouse to assist in carrying out the requirements of this
35 title. The department shall work in collaboration with other states and
36 an interstate chemicals clearinghouse for the purpose of, including but
37 not limited to:
38 (a) collection and dissemination of information regarding chemical
39 hazards;
40 (b) collection and dissemination of information regarding the use of
41 chemicals in pet products;
42 (c) assessment of alternatives to chemicals and their use in products;
43 and
44 (d) public education.
45 2. Such clearinghouse is authorized to maintain information on behalf
46 of the state of New York, including, but not limited to, information
47 regarding chemicals contained in pet products disclosed pursuant to
48 section 37-0905 of this title.
49 § 37-0915. Regulations.
50 The department may adopt any rules and regulations it deems necessary
51 to implement the provisions of this title.
52 § 2. This act shall take effect on the one hundred twentieth day after
53 it shall have become a law. Effective immediately, the department of
54 environmental conservation is authorized to implement rules and regu-
55 lations for the timely implementation of this act on its effective date.
