S07660 Summary:

BILL NOS07660
 
SAME ASSAME AS A07739
 
SPONSORAVELLA
 
COSPNSR
 
MLTSPNSR
 
Add Art 37 Title 9 37-0901 - 37-0915, En Con L
 
Relates to regulation of toxic chemicals in pet products; establishes the interstate chemical clearinghouse.
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S07660 Actions:

BILL NOS07660
 
02/05/2018REFERRED TO ENVIRONMENTAL CONSERVATION
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S07660 Committee Votes:

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S07660 Floor Votes:

There are no votes for this bill in this legislative session.
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S07660 Text:



 
                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                             2
 
     1    (d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)
     2    (e) 2-Aminotoluene (CAS 95-53-4)
     3    (f) 2-Ethylhexanoic acid (CAS 149-57-5)
     4    (g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
     5    (g-1) 2-Napthylamine (CAS 91-59-8)
     6    (h) 2-Methoxyethanol (CAS 109-86-4)
     7    (i)     3,3'-Dimethylbenzidine     and     dyes     metabolized     to
     8  3,3'-Dimethylbenzidine (CAS 119-93-7)
     9    (i-1) 4-Hydroxybiphenol (CAS 92-69-3)
    10    (j)  4-Nonylphenol;  4-NP  and  its  isomer  mixtures  including   CAS
    11  84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
    12    (j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)
    13    (k)    4-Tert-octylphenol;    1,1,3,3-Tetramethyl-4-butylphenol   (CAS
    14  140-66-9)
    15    (l) Acetaldehyde (CAS 75-07-0)
    16    (m) Acrylonitrile (CAS 107-13-1)
    17    (n) Aniline(CAS 62-53-3)
    18    (o) Antimony & antimony compounds (CAS 7440-36-0)
    19    (p) Arsenic & arsenic  compounds  (CAS  7440-38-2)  including  arsenic
    20  trioxide & dimethyl arsenic (CAS 75-60-5)
    21    (q) Asbestos (CAS 1332-21-4)
    22    (r) Benzene (CAS 71-43-2)
    23    (s) Benzene, pentachloro (CAS 608-93-5)
    24    (s-1) Benzidine and its salts (CAS 92-87-5)
    25    (t)  Benzophenone-2  (BP-2);  2,2',4,4'-tetrahydroxybenzophenone  (CAS
    26  131-55-5)
    27    (u) Bisphenol A (CAS 80-05-7)
    28    (v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
    29    (w) Butyl paraben (CAS 94-28-6)
    30    (x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
    31    (y) C.I. solvent yellow 14 (CAS 842-07-9)
    32    (z) Cadmium & cadmium compounds (CAS 7440-43-9)
    33    (aa) Carbon disulfide (CAS 75-15-0)
    34    (bb) Cobalt & cobalt compounds (CAS 7440-48-4)
    35    (cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)
    36    (dd) Dibutyl phthalate (CAS 84-74-2)
    37    (dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
    38    (ee) Diethyl phthalate (CAS 84-66-2)
    39    (ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)
    40    (gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)
    41    (hh) Di-n-hexyl phthalate (CAS 84-75-3)
    42    (ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
    43    (ii-1) Epichlorohydrin (CAS 106-98-9)
    44    (jj) Estragole (CAS 140-67-0)
    45    (kk) Ethyl paraben (CAS 120-47-8)
    46    (ll) Ethylbenzene (CAS 100-41-4)
    47    (mm) Ethylene glycol (CAS 107-21-1)
    48    (nn) Ethylene glycol monoethyl ester (CAS 110-80-5)
    49    (oo) Formaldehyde (CAS 50-0-0)
    50    (pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
    51    (qq) Hexachlorobenzene (CAS 118-74-1)
    52    (rr) Hexachlorobutadiene (CAS 87-68-3)
    53    (ss) Lead & lead compounds (CAs 7439-92-1)
    54    (tt) Mercury & mercury  compounds  (CAS  7439-97-6)  including  methyl
    55  mercury (CAS 22967-92-6)
    56    (uu) Methyl ethyl ketone (CAS 78-93-3)

        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    CASRN13674-87-8   Tris (1, 3 dichloro-2-propyl) phosphate
    56    CASRN71-43-2      Benzene

        S. 7660                             4
 
     1    CASRN7439-92-1    lead and compounds (inorganic)
     2    CASRN7439-97-6    Mercury and mercury compounds, including methyl
     3                      mercury (CASRN 22967-92-6)
     4    CASRN50-00-0      Formaldahyde
     5    CASRN7440-36-0    Antimony and antimony compounds
     6    CASRN7440-38-2    Arsenic and arsenic compounds including arsenic
     7                      trioxide (CASRN 1327-53-3)
     8                      and dimethyl arsenic (CASRN 75-60-5)
     9    CASRN7440-43-9    Cadmium
    10    CASRN7440-48-4    Cobalt 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.

        S. 7660                             6
 
     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.
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