•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 

A10715 Summary:

COSPNSRKavanagh, Rosenthal, Lifton, Colton, Santabarbara
Add Art 28-F §§495-a - 495-g, Gen Bus L
Protects consumers from toxic chemicals in children's products; defines terms; establishes a list of chemicals of high concern to children; discloses information; makes related changes.
Go to top

A10715 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      June 13, 2016
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
          --  read  once  and  referred to the Committee on Consumer Affairs and
        AN ACT to amend the general business  law,  in  relation  to  protecting
          consumers from toxic chemicals found in children's products
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new article
     2  28-F to read as follows:
     3                                ARTICLE 28-F
     4                    CHEMICALS IN CHILDREN'S PRODUCTS ACT
     5  Section 495-a. Legislative declaration.
     6          495-b. Definitions.
     7          495-c. Chemicals of high concern to children.
     8          495-d. Disclosure of information.
     9          495-e. Applicability.
    10          495-f. Enforcement and implementation.
    11          495-g. Regulations.
    12    § 495-a. Legislative declaration. It  is  the  policy  of  the  state,
    13  consistent  with  its duty to protect the health, safety, and welfare of
    14  its citizens, to reduce exposure among  children  and  other  vulnerable
    15  populations to hazards posed by chemicals. By enactment of this article,
    16  the  legislature  confers  upon  the departments of state and health the
    17  regulatory power to collect information on chemical use.
    18    § 495-b. Definitions. For the purposes of this article, the  following
    19  terms shall have the following meanings:
    20    1.  "Children's  apparel"  means  any  item  of  clothing, footwear or
    21  apparel, including, but not limited  to,  accessories  that  consist  of
    22  fabric  or  related  material intended or promoted for use in children's
    23  clothing. Children's apparel does not mean protective equipment designed
    24  to prevent injury, including,  but  not  limited  to,  bicycle  helmets,
    25  athletic supporters, knee pads or elbow pads.
    26    2. "Chemical" means any organic or inorganic substance of a particular
    27  molecular  identity,  including:  (a) any combination of such substances
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10715                            2
     1  occurring in whole or in part as a result  of  a  chemical  reaction  or
     2  occurring in nature; and (b) any element or uncombined radical.
     3    3.  "Chemicals  of  high concern to children" means: (a) the following
     4  chemicals  and  their  Chemical  Abstract  Service  (CAS)   registration
     5  numbers:
     6    1,1,2,2-Tetrachloroethane (79-34-5)
     7    1,4-Dioxane (123-91-1)
     8    2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (1163-19-5)
     9    2,4-Diaminotoluene (95-80-7)
    10    2-Aminotoluene (95-53-4)
    11    2-Ethylhexanoic Acid (149-57-5)
    12    2-Ethyl-hexyl-4-methoxycinnamate (5466-77-3)
    13    2-Methoxyethanol (109-86-4)
    14    3,3'-Dimethylbenzidine  and Dyes Metabolized to 3,3'-Dimethylbenzidine
    15  (119-93-7)
    16    4-Nonylphenol; 4-NP and its isomer mixtures including  CAS  84852-15-3
    17  and CAS 25154-52-3 (104-40-5)
    18    4-tert-Octylphenol; 1,1,3,3-Tetramethyl-4-butylphenol (140-66-9)
    19    Acetaldehyde (75-07-0)
    20    Acrylonitrile (107-13-1)
    21    Aniline (62-53-3)
    22    Antimony (7440-36-0) & Antimony compounds
    23    Arsenic  (7440-38-2)  &  Arsenic  compounds including arsenic trioxide
    24  (1327-53-3) & dimethyl arsenic (75-60-5)
    25    Asbestos (1332-21-4)
    26    Benzene (71-43-2)
    27    Benzene, pentachloro (608-93-5)
    28    Benzophenone-2 (Bp-2); 2,2',4,4'-Tetrahydroxybenzophenone (131-55-5)
    29    Bis(2-ethylhexyl)-tetrabromophthalate(TBPH)(26040-51-7)
    30    Bisphenol A (80-05-7)
    31    Butyl Benzyl phthalate (BBP) (85-68-7)
    32    Butyl paraben (94-26-8)
    33    Butylated hydroxyanisole; BHA (25013-16-5)
    34    C.I. Solvent Yellow 14 (842-07-9)
    35    Cadmium (7440-43-9) & cadmium compounds
    36    Carbon disulfide (75-15-0)
    37    Cobalt (7440-48-4) & cobalt compounds
    38    Di-2-ethylhexyl phthalate (117-81-7)
    39    Dibutyl phthalate (84-74-2)
    40    Diethyl phthalate (84-66-2)
    41    Diisodecyl phthalate (DIDP) (26761-40-0)
    42    Diisononyl phthalate (DINP) (28553-12-0)
    43    Di-n-Hexyl Phthalate (84-75-3)
    44    Di-n-octyl phthalate (DnOP) (117-84-0)
    45    Estragole (140-67-0)
    46    Ethyl paraben (120-47-8)
    47    Ethylbenzene (100-41-4)
    48    Ethylene glycol (107-21-1)
    49    Ethylene glycol monoethyl ester (110-80-5)
    50    Formaldehyde (50-00-0)
    51    Hexabromocyclododecane (25637-99-4)
    52    Hexachlorobenzene (118-74-1)
    53    Hexachlorobutadiene (87-68-3)
    54    Lead (7439-92-1)
    55    Mercury (7439-97-6)  &  mercury  compounds  including  methyl  mercury
    56  (22967-92-6)

        A. 10715                            3
     1    Methyl ethyl ketone (78-93-3)
     2    Methyl paraben (99-76-3)
     3    Methylene chloride (75-09-2)
     4    Molybdenum (7439-98-7) & molybdenum compounds
     5    N-Methylpyrrolidone (872-50-4)
     6    N-Nitrosodimethylamine (62-75-9)
     7    N-Nitrosodiphenylamine (86-30-6)
     8    Octamethylcyclotetrasiloxane (556-67-2)
     9    para-Chloroaniline (106-47-8)
    10    Perchloroethylene (127-18-4)
    11    Perfluorooctanoic acid (PFOA)(335-67-1)
    12    Perfluorooctanyl sulphonic acid and its salts; PFOS (1763-23-1)
    13    Phenol (108-95-2)
    14    Phenol, 4-octyl- (1806-26-4)
    15    Phthalic Anhydride (85-44-9)
    16    p-Hydroxybenzoic acid (99-96-7)
    17    Propyl paraben (94-13-3)
    18    Styrene (100-42-5)
    19    Tetrabromobisphenol A (79-94-7)
    20    Toluene (108-88-3)
    21    Tris(1,3-dichloro-2-propyl)phosphate (13674-87-8)
    22    Tris(2-chloroethyl) phosphate (115-96-8)
    23    Vinyl chloride (75-01-4); and
    24    (b)  all  phthalates  specified  as permanently banned from children's
    25  toys and child care articles  pursuant  to  section  108(a)  of  the  US
    26  Consumer Product Safety Improvement Act of 2008.
    27    4.  "Child  or children" means a person or persons twelve years of age
    28  or younger and "children" means persons twelve years of age or younger.
    29    5. "Children's product" means a product primarily intended  for,  made
    30  for, or marketed for use by children, including but not limited to: baby
    31  products;  toys;  car  seats;  children's  cosmetics; school supplies; a
    32  product designed or intended by the manufacturer to help  a  child  with
    33  sucking  or teething, to facilitate sleep, relaxation, or the feeding of
    34  a child; children's novelty  products;  children's  jewelry;  children's
    35  bedding,  furniture,  and furnishings; and children's apparel. This term
    36  shall not include: (a)  batteries;  (b)  consumer  electronic  products,
    37  including,  but  not  limited  to,  personal  computers, audio and video
    38  equipment, calculators, wireless telephones, game consoles, and handheld
    39  devices incorporating a video screen used to  access  interactive  soft-
    40  ware,  and  their  associated peripherals; (c) a drug, supplement, soap,
    41  food or beverage or an additive to a food or beverage regulated  by  the
    42  United  States  Food  and  Drug Administration; (d) a drug, biologic, or
    43  medical device regulated by the United States  Food  and  Drug  Adminis-
    44  tration; or (e) a pesticide product regulated by the United States Envi-
    45  ronmental Protection Agency and registered by the department of environ-
    46  mental conservation.
    47    6.  "Scientific  evidence"  means  published  scientific  research and
    48  analyses obtained from reliable sources, including, but not limited  to,
    49  peer-reviewed  scientific journals, and reports from authoritative publ-
    50  ic-health and environmental organizations.
    51    7. "Component" means a uniquely identifiable or  reasonably  separate,
    52  material  that  is intended to be included as a part of a finished chil-
    53  dren's product. A single chemical is not considered a "component" unless
    54  the entire material is composed of that single chemical.
    55    8. "Contaminant" means a trace amount of any  chemical  incidental  to
    56  manufacturing,  which  serves no intended function in the finished chil-

        A. 10715                            4
     1  dren's product. A "contaminant" includes a chemical that  is:  an  unin-
     2  tended  byproduct  of  chemical  reactions during the manufacture of the
     3  children's product; otherwise occurring  in  the  environment;  a  trace
     4  impurity  in  feed-stock;  a  component of incompletely reacted chemical
     5  mixtures; and/or a product of degradation.
     6    9. "Commissioner" means the commissioner of health.
     7    10. "Distributor" means a person  who  sells  children's  products  to
     8  retail establishments.
     9    11.  "Intentionally  added"  means the deliberate use of a chemical in
    10  the formulation of a product or component where its presence is  desired
    11  in  the final product or component to provide a specific characteristic,
    12  appearance or quality.
    13    12. "Manufacturer" means any person who  currently  produces  a  chil-
    14  dren's product or whose brand name is affixed to the children's product.
    15  In  the  case  of a children's product that was imported into the United
    16  States, "manufacturer" means any person who currently produces  a  chil-
    17  dren's product or whose brand name is affixed to the children's product.
    18  In  the  case  of a children's product that was imported into the United
    19  States, "manufacturer" includes the importer or related corporate entity
    20  that is registered in any state or has not contracted the services of an
    21  agent in the United States.
    22    13. "Practical quantification limit" (PQL) is the lowest concentration
    23  that can be reliably measured  within  specified  limits  of  precision,
    24  accuracy,  representativeness,  completeness,  and  comparability during
    25  routine laboratory operating conditions. This value is based  on  scien-
    26  tifically defensible, standard analytical methods. The value for a given
    27  chemical  could  be different depending on the matrix and the analytical
    28  method used. PQLs are to be established by the department  of  state  in
    29  reliance  upon findings made by the department of health after review of
    30  scientific evidence and measurements using standard  analytical  methods
    31  and  in consideration of comparable values established by other authori-
    32  tative bodies, including other states.
    33    14. "Product category" means the "brick" level of the GS1 global prod-
    34  uct classification (GPC) standard, which identifies a category  incorpo-
    35  rating  products (global trade item numbers (GTINs)) that serve a common
    36  purpose, are of a similar form and material, and share the same  set  of
    37  category attributes.
    38    15.  "Retailer"  means  any  person  who  sells  or  leases children's
    39  products in the state to consumers.  Such term shall  not  include:  (a)
    40  someone  who  purchased or acquired a product primarily for personal use
    41  and who subsequently resells the product; or (b) any secondhand dealer.
    42    16. "Secretary" means secretary of state.
    43    § 495-c. Chemicals of high concern to  children.    1.  Publishing  of
    44  lists.  Within  one  hundred  eighty  days of the effective date of this
    45  article, the department of state shall post lists of chemicals  of  high
    46  concern to children on its website.
    47    2.  Periodic  review. The department of health may periodically review
    48  the lists of chemicals of high concern to children  and,  through  regu-
    49  lation,  add  or  remove chemicals of high concern to children from such
    50  lists in reliance upon findings made by the department of  health  after
    51  review  of scientific evidence, that a chemical proposed for addition to
    52  the list meets paragraphs (a) or (b) of this subdivision  for  chemicals
    53  of  high  concern  to  children.  Such  review shall not take place more
    54  frequently than once every three years, and not more than ten  chemicals
    55  may be added during each review period.

        A. 10715                            5

     1    (a) The commissioner has determined that an authoritative governmental
     2  entity or accredited research university has demonstrated that the chem-
     3  ical does one of the following:
     4    (i)  harms  the normal development of a fetus or child or causes other
     5  developmental toxicity in an intact organism;
     6    (ii) is linked to cancer, genetic  damage,  is  an  asthmagen,  or  is
     7  linked to reproductive harm in an intact organism;
     8    (iii)  disrupts the endocrine system to cause adverse effects in chil-
     9  dren;
    10    (iv) damages the nervous system, immune system, or  organs  or  causes
    11  other systemic toxicity in an intact organism; or
    12    (v) is very persistent and very bioaccumulative.
    13    (b)  The  chemical  has  been  found  to be present through any of the
    14  following:
    15    (i) biomonitoring to be present in human blood, umbilical cord  blood,
    16  breast milk, urine, or other bodily tissues or fluids;
    17    (ii)  sampling  and  analysis  to be present in household dust, indoor
    18  air, drinking water, or elsewhere in the home environment; or
    19    (iii) monitoring to be present in fish, wildlife, or the natural envi-
    20  ronment.
    21    § 495-d. Disclosure of information.  1. Reporting of  chemical  occur-
    22  rence.  Every  manufacturer  who offers for sale or distribution in this
    23  state a children's product shall report to the department of state if  a
    24  chemical  of  high concern to children is intentionally added to a chil-
    25  dren's product component at a level above the PQL; or present in a chil-
    26  dren's product component produced by the manufacturer as  a  contaminant
    27  at a concentration above one hundred parts per million.
    28    (a)  To  be  in compliance with this requirement, such report shall be
    29  submitted to the department of state:
    30    (i) within ninety days of the effective date of this article; or
    31    (ii) within ninety days of the addition of a chemical to the chemicals
    32  of high concern to children list pursuant to section four hundred  nine-
    33  ty-five-c of this article.
    34    (b) Format for notice. The secretary of state shall specify the format
    35  for submission of the notice required by this section, provided that the
    36  required  format  shall  be consistent with the format for submission of
    37  notice in other states with requirements substantially  similar  to  the
    38  requirements  of  this  section. Any notice submitted under this section
    39  shall contain the following information:
    40    (i) the name of  the  chemical  used  or  produced  and  its  chemical
    41  abstracts service registry number or accession number;
    42    (ii)  a  description  of the category or categories in which it occurs
    43  containing the chemical;
    44    (iii) the amount of the chemical contained in each unit of the product
    45  or product component, reported by weight or parts per million in  ranges
    46  as follows:
    47    (1) Equal to or more than the PQL but less than 100 ppm (0.01%);
    48    (2)  Equal  to  or  more  than  100  ppm (0.01%) but less than 500 ppm
    49  (0.05%);
    50    (3) Equal to or more than 500 ppm (0.05%)  but  less  than  1,000  ppm
    51  (0.10%);
    52    (4)  Equal  to  or more than 1,000 ppm (0.10%) but less than 5,000 ppm
    53  (0.5%); or
    54    (5) Equal to or more than 5,000 ppm (0.5%) but less  than  10,000  ppm
    55  (1.0%); or
    56    (6) Equal to or more than 10,000 ppm (1.0%).

        A. 10715                            6
     1    (c)  The  department of state and the department of health are author-
     2  ized to participate in an interstate chemicals clearinghouse  to  assist
     3  in  carrying  out  the  requirements  of this article. The department of
     4  state may also enter into reciprocal data-sharing agreements with  other
     5  states  in  which a manufacturer of children's products is also required
     6  to disclose information related to chemicals of high concern to children
     7  in children's products.
     8    2. Waiver of reporting. Upon application by a manufacturer, the secre-
     9  tary may waive all or part of the reporting requirements under  subdivi-
    10  sion one of this section for one or more specified uses of a chemical of
    11  high  concern  to children.  In making such determination, the secretary
    12  may consider:
    13    (a) whether substantially equivalent information is  already  publicly
    14  available  or  such  information  is not needed for the purposes of this
    15  article;
    16    (b) whether similar waivers have been granted by other states;
    17    (c) whether the specified use or uses are minor in volume;
    18    (d) whether the manufacturer either individually  or  jointly  submits
    19  the information required in a notice under this section to:
    20    (i)  a state with which the department of state has entered a recipro-
    21  cal data-sharing agreement; or
    22    (ii) a trade association, the Interstate  Chemicals  Clearinghouse,  a
    23  federal governmental agency, or other independent third party, who makes
    24  that data available to the department of state on behalf of the manufac-
    25  turer;
    26    (e)  whether the information required to be reported in a notice under
    27  this section is provided to the department of state in an alternate  but
    28  complete  format,  including reference to information publicly available
    29  in other states or by independent third parties; or
    30    (f) whether the information required to be reported in a notice  under
    31  this  section  is  available  on  or  accessible  from the department of
    32  state's website.
    33    3. Notice  to  retailers.  A  manufacturer  of  a  children's  product
    34  containing  a  chemical  of  high concern to children shall notify, in a
    35  form prescribed by the department of state,  retailers  that  offer  the
    36  children's product for sale or distribution in the state of the presence
    37  of  such  chemical of high concern to children and any other information
    38  the departments of state and health deem appropriate.
    39    4. Notice to consumers. The department of state, as deemed appropriate
    40  by the secretary,  shall  notify  consumers  about  children's  products
    41  containing   chemicals  of  high  concern.  The  notification  shall  be
    42  published on the department of state's website  in  a  form  and  manner
    43  determined by the secretary.
    44    5.  Fees.  The  department  of  state  may promulgate rules setting an
    45  appropriate fee schedule for manufacturers to help defray the department
    46  of state's and department of health's program costs.
    47    6. Certificate of compliance. A manufacturer required to submit notice
    48  under this section to the secretary of state may rely on  a  certificate
    49  of  compliance,  data,  or  information  from  suppliers for determining
    50  reporting obligations. A certificate of compliance provided by a suppli-
    51  er under this subdivision shall be solely for the purpose of  compliance
    52  with the requirements of this article.
    53    §  495-e. Applicability. 1. New children's products. The provisions of
    54  this article shall apply to chemicals in  children's  products  sold  or
    55  distributed  as new. It shall not apply to used children's products that

        A. 10715                            7
     1  are sold or distributed for free at secondhand stores,  yard  sales,  on
     2  the internet, or donated to charities.
     3    2. Inaccessible components. Components that during reasonably foresee-
     4  able  use  and  abuse  of the product would not come into direct contact
     5  with the child's skin or mouth will not be subject to  the  requirements
     6  of  section  four hundred ninety-five-d of this article, except by rule,
     7  based on a case-by-case evaluation by the department of state.
     8    3. Transportation. The requirements of this article shall not apply to
     9  motor vehicles or their component parts, watercraft or  their  component
    10  parts,  all  terrain  vehicles  or their component parts, or off-highway
    11  motorcycles or their component parts, except that the use  of  chemicals
    12  of high concern to children in detachable car seats is not exempt.
    13    4.  Combustion.  The  requirements  of this article shall not apply to
    14  chemicals generated solely as combustion byproducts or that are  present
    15  in combustible fuels.
    16    5. Industry. The requirements of this article shall not apply to chem-
    17  icals of high concern to children used in or for industry or manufactur-
    18  ing,  including  chemicals  processed or otherwise used in or for indus-
    19  trial or manufacturing processes and not present in the final product.
    20    § 495-f. Enforcement and implementation. 1. Statement  of  compliance.
    21  If  the  department of state suspects that a children's product is being
    22  offered or sold in violation of this article, the  department  of  state
    23  may request the manufacturer of the children's product to provide within
    24  thirty  days  of  receipt  of  a request from the department of state, a
    25  statement of compliance on a form provided by the department  of  state.
    26  The statement of compliance shall:
    27    (a)  attest  that the children's product does not contain the chemical
    28  of high concern to children; or
    29    (b) attest and provide the department of state with documentation that
    30  notification of the presence of a chemical of high concern  to  children
    31  was  provided to the department pursuant to section four hundred ninety-
    32  five-d of this article; or
    33    (c) attest that the manufacturer has notified retailers of  the  pres-
    34  ence  of  chemical  of  high concern to children pursuant to subdivision
    35  three of section four hundred ninety-five-d of this article.
    36    2. Unauthorized sales. The secretary may issue an order directing  the
    37  cessation of the sale or distribution by manufacturers, distributors, or
    38  retailers  of any children's product being distributed, sold, leased, or
    39  otherwise offered for sale in this state that is in  violation  of  this
    40  article.  In the instance of non-compliance with such order, the depart-
    41  ment  of state shall provide the attorney general any information on the
    42  sale, lease, or distribution of prohibited children's products.
    43    3. Enforcement. Where it is determined, following a  hearing,  that  a
    44  person  has  violated one or more provisions of this article, the secre-
    45  tary may assess a civil penalty no greater than  five  thousand  dollars
    46  per  violation.  Upon  the occasion of a second violation, or subsequent
    47  violations of this article, a civil penalty of  no  greater  than  fifty
    48  thousand  dollars  may be assessed. Any proceeding conducted pursuant to
    49  this subdivision shall be subject to the state administrative  procedure
    50  act.  The  hearing  officer  shall consider whether a retailer knowingly
    51  offered such items for sale as a defense to violations of this section.
    52    4. Violations. Pursuant to section sixty-three of the  executive  law,
    53  the attorney general shall enforce violations of this article.
    54    §  495-g.  Regulations.  The departments of state and health may adopt
    55  such rules and regulations, as well as informal guidance consistent with

        A. 10715                            8

     1  other states, deemed necessary to implement the provisions of this arti-
     2  cle.
     3    § 2. Severability. If any clause, sentence, paragraph, section or part
     4  of  this act shall be adjudged by any court of competent jurisdiction to
     5  be invalid and after exhaustion of  all  further  judicial  review,  the
     6  judgment  shall  not affect, impair or invalidate the remainder thereof,
     7  but shall be confined in its operation to the  clause,  sentence,  para-
     8  graph,  section or part of this act directly involved in the controversy
     9  in which the judgment shall have been rendered.
    10    § 3. This act shall take effect April 1, 2017.
Go to top