STATE OF NEW YORK
________________________________________________________________________
7752
2011-2012 Regular Sessions
IN ASSEMBLY
May 16, 2011
___________
Introduced by M. of A. SWEENEY, COLTON, JAFFEE, ORTIZ, JACOBS, GALEF,
COOK, MAISEL, P. RIVERA, DINOWITZ, ROSENTHAL, MENG, BENEDETTO, ROBERTS
-- Multi-Sponsored by -- M. of A. AUBRY, GLICK, GUNTHER, HOOPER, McEN-
ENY, THIELE -- read once and referred to the Committee on Environ-
mental Conservation
AN ACT to amend the environmental conservation law, in relation to the
manufacturing of children's toys and child care 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 4 to read as follows:
3 TITLE 4
4 MANUFACTURE OF CHILDREN'S PRODUCTS
5 Section 37-0401. Definitions.
6 37-0403. Prohibition.
7 37-0405. Least toxic alternatives.
8 37-0407. Exceptions.
9 § 37-0401. Definitions.
10 For the purposes of this chapter, the following terms shall have the
11 following meanings:
12 1. "Toy" means all products designed or intended by the manufacturer
13 to be used by children when they play.
14 2. "Child care article" means all products designed or intended by the
15 manufacturer to facilitate sleep, relaxation, or the feeding of chil-
16 dren, or to help children with sucking or teething.
17 § 37-0403. Prohibition.
18 1. Commencing January first, two thousand twelve, no person or entity
19 shall manufacture, sell, or distribute in commerce any toy or child care
20 article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phtha-
21 late (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding
22 0.1 percent.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08752-01-1
A. 7752 2
1 2. Commencing January first, two thousand twelve, no person or entity
2 shall manufacture, sell, or distribute in commerce any toy or child care
3 article intended for use by a child under three years of age if that
4 product can be placed in the child's mouth and contains diisonoyl phtha-
5 late (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate
6 (DnOP), in concentrations exceeding 0.1 percent.
7 § 37-0405. Least toxic alternatives.
8 Manufacturers shall use the least toxic alternative when replacing
9 phthalates in accordance with this title.
10 § 37-0407. Exceptions.
11 The provisions of this section shall not apply to the sale or distrib-
12 ution of child care articles or toys resold or offered for resale, or
13 distributed by consumers for consumer use.
14 § 2. This act shall take effect immediately.
