NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6195A
SPONSOR: Sweeney (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the sale of child products containing TRIS
PURPOSE: The purpose of this bill is to limit children's exposure to
certain chemicals.
SUMMARY OF SPECIFIC PROVISIONS: This bill would:
* define "child care product" to mean a consumer product intended for
use by children under three, such as baby products, toys, car seats,
nursing pillows, crib mattresses and strollers;
* prohibit the sale of any child care product containing the flame
retardant TRIS after December 1, 2013;
* pre-empt localities from regulating TRIS; and,
* establish a penalty of up to $1,000 per day for a first violation and
up to $2,500 for a second violation.
JUSTIFICATION: On April 8, 1977, the United States Consumer Product
Safety commission banned the sale of any children's clothing containing
the flame retardant chemical TRIS phosphate (TRIS). The ban came after a
two-year study by the National Cancer Institute showed that TRIS causes
cancer in test animals and could be absorbed by children through the
skin or mouthing of TRIS treated clothing. The ban on the use of TRIS
applied only to children's clothing and because of the comparatively low
cost of TRIS it is used increasingly in baby gear including strollers,
nursing pillows and rocking chair foam.
This bill would prevent the sale of child care products containing TRIS
after December 1, 2013, in order to eliminate possible exposure risks
for children through skin contact or mouthing. A report published by the
Environmental Protection Agency titled "Environmental Profiles of Chemi-
cal Flame Retardant Alternatives" contains details regarding several
Flame retardants that represent a low health hazard concern. These flame
retardants would potentially serve as a better alternative to TRIS.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6195--A
2011-2012 Regular Sessions
IN ASSEMBLY
March 9, 2011
___________
Introduced by M. of A. SWEENEY, COLTON, ROBINSON, ZEBROWSKI, REILLY,
COOK, JAFFEE, ROSENTHAL, N. RIVERA, BARRON, MARKEY, WEPRIN, GALEF,
P. RIVERA, CYMBROWITZ, LIFTON, MAISEL, MILLMAN, MENG, ROBERTS, BENE-
DETTO, SCHIMEL, HOOPER, ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
ABINANTI, CASTELLI, GLICK, LATIMER, LUPARDO, MAGEE, NOLAN, THIELE --
read once and referred to the Committee on Environmental Conservation
-- reported and referred to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of child products containing TRIS
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 7 to read as follows:
3 TITLE VII
4 TRIS
5 Section 37-0701. Short title.
6 37-0703. Definitions.
7 37-0705. Child care products.
8 37-0707. Preemption.
9 37-0709. Rules and regulations.
10 § 37-0701. Short title.
11 This title shall be known and may be cited as the "TRIS-free children
12 and babies act".
13 § 37-0703. Definitions.
14 As used in this title:
15 1. "Child care product" means a consumer product intended for use by
16 children under three years of age, such as baby products, toys, car
17 seats, nursing pillows, crib mattresses, and strollers.
18 2. "TRIS" shall include TCEP (TRIS (2-chloroethyl) phosphate).
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08997-05-1
A. 6195--A 2
1 § 37-0705. Child care products.
2 1. Beginning December first, two thousand thirteen, no person, firm,
3 partnership, association, limited liability company or corporation shall
4 sell or offer for sale any child care product intended for use by a
5 child three years of age or younger containing TRIS.
6 2. The provisions of this section shall not apply to the sale or
7 distribution of child care products resold or offered for resale, or
8 distributed by consumers for consumer use.
9 § 37-0707. Preemption.
10 Jurisdiction in all matters pertaining to TRIS which are regulated
11 pursuant to the provisions of this title shall be vested exclusively in
12 the state.
13 § 37-0709. Rules and regulations.
14 The department is authorized to promulgate such rules and regulations
15 as it shall deem necessary to implement the provisions of this title.
16 § 2. Section 71-3703 of the environmental conservation law, as amended
17 by chapter 280 of the laws of 2010, is amended to read as follows:
18 § 71-3703. Enforcement of article 37.
19 1. Any person who violates any of the provisions of, or who fails to
20 perform any duty imposed by section 37-0107 or any rule or regulation
21 promulgated pursuant hereto, shall be liable for a civil penalty not to
22 exceed two thousand five hundred dollars for each such violation and an
23 additional penalty of not more than five hundred dollars for each day
24 during which such violation continues, and, in addition thereto, such
25 person may be enjoined from continuing such violation.
26 2. Any person who violates any of the provisions of, or who fails to
27 perform any duty imposed by section 37-0505 or any rule or regulation
28 promulgated pursuant hereto, shall be liable for a civil penalty not to
29 exceed one thousand dollars for each day during which such violation
30 continues, and in addition thereto, such person may be enjoined from
31 continuing such violation. Such person shall for a second violation be
32 liable to the people of the state for a civil penalty not to exceed two
33 thousand five hundred dollars for each day during which such violation
34 continues.
35 3. Any person who violates any of the provisions of, or who fails to
36 perform any duty imposed by section 37-0705 or any rule or regulation
37 promulgated pursuant hereto, shall be liable for a civil penalty not to
38 exceed one thousand dollars for each day during which such violation
39 continues, and in addition thereto, such person may be enjoined from
40 continuing such violation. Such person shall for a second violation be
41 liable to the people of the state for a civil penalty not to exceed two
42 thousand five hundred dollars for each day during which such violation
43 continues.
44 § 3. This act shall take effect immediately.
