Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.
STATE OF NEW YORK
________________________________________________________________________
432
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
manufacture, distribution and sale of toys and child care products
containing phthalates
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature hereby finds that
2 phthalates are a class of chemicals used in polyvinyl chloride (PVC)
3 plastic to improve flexibility and in cosmetics to bind fragrance to the
4 product. Phthalates are used in many products intended for use by young
5 children including, but not limited to, teethers, toys and soft plastic
6 books.
7 It is further found that there is extensive scientific literature
8 reporting the hormone disrupting effect of phthalates, and substantial
9 evidence that levels of the phthalates of concern are found in humans at
10 levels associated with adverse effects. Population studies show that
11 virtually everyone carries some level of phthalates in their body. For
12 the general population, the oral route of exposure is considered a major
13 route.
14 § 2. The general business law is amended by adding a new section 397-b
15 to read as follows:
16 § 397-b. Toys and child care products; phthalates. 1. For the purposes
17 of this section:
18 (a) "Child care article" means all products designed or intended by
19 the manufacturer to facilitate sleep, relaxation or the feeding of chil-
20 dren, or to help children with sucking or teething;
21 (b) "Toy" means all products designed or intended by the manufacturer
22 to be used by children when they play.
23 2. No person, firm, partnership, association, limited liability compa-
24 ny or corporation shall manufacture, distribute, sell or offer for sale
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00826-01-3
A. 432 2
1 any toy or child care product containing di(2-ethylexyl)phthalate, dibu-
2 tyl phthalate or butyl benzyl phthalate in concentrations in excess of
3 0.1 percent.
4 3. No person, firm, partnership, association, limited liability compa-
5 ny or corporation shall manufacture, distribute, sell or offer for sale
6 any toy or child care product containing di-isononyl phthalate, di-iso-
7 decyl phthalate or di-n-octyl phthalate in concentrations in excess of
8 0.1 percent, intended for use by a child under three years of age when
9 such toy or product may be placed in the child's mouth.
10 4. Every manufacturer of a product or toy prohibited by this section
11 shall use the least toxic alternative to the bisphenol-A or phthalate in
12 the toy or product. Such alternative shall not be (i) a carcinogen rated
13 by the United States Environmental Protection Agency as A, B or C carci-
14 nogens, or substances listed as known or likely carcinogens, known to be
15 human carcinogens, likely to be human carcinogens or suggestive of being
16 human carcinogens, as described in the "List of Chemicals Evaluated for
17 Carcinogen Potential"; or (ii) reproductive toxicants that cause birth
18 defects, reproductive harm or developmental harm as identified by the
19 United States Environmental Protection Agency.
20 5. Any person, firm, partnership, association, limited liability
21 company or corporation which violates any provision of this section
22 shall be liable for a civil fine of not less than ten thousand dollars
23 for each day of such violation.
24 § 3. This act shall take effect twenty-four months after it shall have
25 become a law.
