Amd §§37-0905, 37-0909, 37-1001, 37-1011 & 71-3703, add §37-1004, En Con L
Prohibits the sale of any children's product, upholstered furniture or mattress that contains textile fiberglass; prohibits any custom upholsterer from repairing, reupholstering, recovering, restoring or renewing upholstered furniture or reupholstered furniture using a replacement component that contains textile fiberglass, fibrous glass or glass wool.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8537A
SPONSOR: Weprin TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the sale of any children's product, upholstered furniture or
mattress that contains textile fiberglass
PURPOSE: The purpose of this bill is to prohibit the use of fiber-
glass in children's products, upholstered furniture and mattresses.
SUMMARY OF PROVISIONS:
Section one would add fibrous glass and glass wool to the list of high-
priority chemicals under the Toxic Chemicals in Children's Products Act.
This would require manufacturers of children's products to report their
usage of fibrous glass or glass wool to the Department of Environmental
Conservation (DEC) and retailers of such products. In addition, DEC
would post information regarding the use of fibrous glass or glass wool
in children's products on its website.
Section two would prohibit, effective December 1, 2029, the distribution
or sale of a children's product in which fibrous glass or glass wool is
intentionally added.
Section three provides a definition of textile fiberglass.
Section four would prohibit, beginning December 1, 2029, the sale of new
upholstered furniture and mattresses that contain textile fiberglass. In
addition, this section would prohibit, beginning December 1, 2030, a
custom upholsterer from repairing, reupholstering, recovering, restoring
or renewing upholstered furniture or reupholstered furniture using
components that contain textile fiberglass.
Sections five and six would provide conforming amendments to compliance
requirements and enforcement provisions.
Section seven provides the effective date.
JUSTIFICATION:
Over the past decade there has been a growing concern over the health
risks that are associated with interaction and or exposure to textile
fiberglass. Textile fiberglass has been linked to a variety of health
and environmental risks. Fiberglass is commonly used as a cheap fire
retardant in juvenile products, mattresses, and upholstered furniture.
The use of these materials has raised serious concerns due to their
toxicity and the long-lasting effects in the environment it is exposed
to. The textile fiberglass poses risks during handling, repair, or
reupholstery especially in unregulated environments.
This legislation follows suit with ongoing national and state efforts to
reduce hazardous chemicals in consumer products, especially those used
by children and other vulnerable consumers. California and the European
Union have recognized the dangers of fiberglass in juvenile products,
mattresses, and upholstered furniture and banned the sale of these
products that contain fiberglass. By following suit and prohibiting the
sale of these products that contain fiberglass, we will help promote
public health, better environmental practices, and a safer New York for
all New Yorkers.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8537--A
2025-2026 Regular Sessions
IN ASSEMBLY
May 20, 2025
___________
Introduced by M. of A. WEPRIN, SAYEGH, SHIMSKY, SIMON -- read once and
referred to the Committee on Environmental Conservation -- recommitted
to the Committee on Environmental Conservation in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of any children's product, upholstered furniture
or mattress that contains textile fiberglass
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 37-0905 of the
2 environmental conservation law is amended by adding a new subparagraph
3 (viii) to read as follows:
4 (viii) Fibrous glass or glass wool (CAS 65997-17-3)
5 § 2. Subdivision 1 of section 37-0909 of the environmental conserva-
6 tion law, as amended by section 1 of subpart AA of part XX of chapter 55
7 of the laws of 2020, is amended to read as follows:
8 1. (a) Effective January first, two thousand twenty-three, no person
9 shall distribute, sell or offer for sale in this state a children's
10 product in which tris (1, 3 dichloro-2-propyl) phosphate (CAS
11 13674-87-8), benzene (CAS 71-43-2),[,] or asbestos (CAS 1332-21-4) is
12 intentionally added.
13 (b) Effective December first, two thousand twenty-nine, no person
14 shall distribute, sell or offer for sale in this state a children's
15 product in which fibrous glass or glass wool (CAS 65997-17-3) is inten-
16 tionally added.
17 [This provision] 1-a. The provisions of subdivision one of this
18 section shall not apply: (a) to a children's product solely based on its
19 containing an enclosed battery or enclosed electronic components; (b)
20 where state regulation of children's products is preempted by federal
21 law; (c) where the chemical is present as a trace contaminant; or (d) to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13138-02-6
A. 8537--A 2
1 an inaccessible component of a children's product that during reason-
2 able, foreseeable use and abuse of the product would not come into
3 direct contact with a child's skin or mouth, as determined by the
4 department. The commissioner may exempt a children's product from this
5 prohibition if, in the commissioner's judgment, the lack of availability
6 of the children's product could pose an unreasonable risk to public
7 health, safety or welfare.
8 § 3. Section 37-1001 of the environmental conservation law is amended
9 by adding a new subdivision 14 to read as follows:
10 14. "Textile fiberglass" means textile yarns whose composition
11 includes one or more continuous glass filaments in a form suitable for
12 knitting, wearing, or otherwise intertwining to form a textile fabric,
13 but shall exclude the following:
14 (a) thread or fiber used for stitching mattress components together;
15 and
16 (b) yarns in which the glass filaments are core-spun or sheathed by
17 another fiber.
18 § 4. The environmental conservation law is amended by adding a new
19 section 37-1004 to read as follows:
20 § 37-1004. Textile fiberglass.
21 1. Beginning December first, two thousand twenty-nine, no person shall
22 sell or offer for sale in the state of New York any new, not previously
23 owned, upholstered furniture or mattress, that contains, or a constitu-
24 ent component of which contains, textile fiberglass.
25 2. Beginning December first, two thousand thirty, a custom upholsterer
26 in the state of New York shall not repair, reupholster, re-cover,
27 restore or renew upholstered furniture or reupholstered furniture using
28 replacement components that contain textile fiberglass.
29 § 5. Paragraph (a) of subdivision 1 of section 37-1011 of the environ-
30 mental conservation law, as added by chapter 11 of the laws of 2022, is
31 amended to read as follows:
32 (a) "covered products" shall mean:
33 (i) mattresses, upholstered furniture, or electronic displays as
34 provided in sections 37-1003 and 37-1004 of this title; or
35 (ii) upholstered or reupholstered furniture components for custom
36 upholsterers as provided in sections 37-1003 and 37-1004 of this title.
37 § 6. Subdivision 5 of section 71-3703 of the environmental conserva-
38 tion law, as added by chapter 829 of the laws of 2021, is amended to
39 read as follows:
40 5. Any person who violates any of the provisions of or who fails to
41 perform any duty imposed by sections 37-1003, 37-1004, and 37-1007 of
42 this chapter or any rule or regulation promulgated pursuant hereto,
43 shall be liable for a civil penalty not to exceed one thousand dollars
44 for each day during which such violation continues, and in addition
45 thereto, such person may be enjoined from continuing such violation.
46 Such person shall for a second violation be liable to the people of the
47 state for a civil penalty not to exceed two thousand five hundred
48 dollars for each day during which such violation continues.
49 § 7. This act shall take effect immediately.
