Bill Text: NY A00073 | 2025-2026 | General Assembly | Introduced
Bill Title: Requires the display of certain labels and warnings on gas stoves sold, displayed for sale, or offered for sale at retail to a consumer in this state; authorizes the department of state to adopt regulations regarding the placement and format of such labels; provides for penalties; authorizes the attorney general to enforce such provisions.
Spectrum: Partisan Bill (Democrat 27-0)
Status: (Introduced) 2025-01-08 - referred to consumer affairs and protection [A00073 Detail]
Download: New_York-2025-A00073-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 73 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. SOLAGES, MAMDANI, SIMONE, SHIMSKY, ANDERSON, CHANDLER-WATERMAN, GALLAGHER, TAPIA, EACHUS, DAVILA, SAYEGH, ROSEN- THAL, LEVENBERG, BURDICK, REYES, LUCAS, WEPRIN, BICHOTTE HERMELYN, TAYLOR, HEVESI, FORREST, KELLES, SHRESTHA, SIMON, EPSTEIN, COLTON, SEAWRIGHT -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to labeling requirements for gas stoves The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Healthy Homes Right To Know Act". 3 § 2. Legislative findings. The legislature finds and declares that: 4 1. New York has a long history of protecting its citizens by making 5 sure they have adequate knowledge to make informed purchasing decisions. 6 2. The public is broadly unaware of the health dangers posed by gas 7 stoves. On May 8, 2023, ten state attorneys general, including the 8 attorney general of New York State as well as the New York City Corpo- 9 ration Counsel, sent a letter to the Consumer Product Safety Commission 10 (CPSC), in which they asserted, "Most of the research and evidence on 11 the health risks associated with elevated levels of emissions from gas 12 appliances has been circulated among decisionmakers and engaged stake- 13 holders. This has left the public to try to piece together health and 14 safety information--which can be false or misleading--from the internet, 15 social media, and other non-authoritative sources. Thus, when it comes 16 to gas stove emissions, consumers are presently unprotected against, and 17 inadequately informed about, the health hazards these appliances pose." 18 Those dangers may now be particularly acute as, according to the U.S. 19 Environmental Protection Agency, "Americans on average, spend approxi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00310-01-5A. 73 2 1 mately 90% of their time indoors where concentrations of some pollutants 2 are often 2 to 5 times higher than typical outdoor concentrations." 3 3. The same letter suggests, "requiring warning labels on gas stoves 4 that provide more information on their health risks". The letter goes on 5 to say, "Proper labeling on gas stoves would represent an important step 6 in helping to educate consumers about the health risks associated with 7 gas stoves. Providing this information upfront is essential to enabling 8 consumers to make a fully informed decision." 9 4. Current New York state regulations regarding unvented gas appli- 10 ances are inconsistent. Since there is no statewide requirement that gas 11 stoves be ventilated to the outdoors, a precautionary approach to public 12 safety requires that these appliances be treated as unvented. 13 5. Although the research regarding the impacts of unvented gas heaters 14 is vastly less robust than that regarding gas stoves, the New York State 15 Department of Health nonetheless adopted regulations in January of 2023 16 to require labeling of unvented gas heaters including, "WARNING: This 17 appliance produces CARBON MONOXIDE, a poisonous gas. You MUST use carbon 18 monoxide alarms to avoid injury or death". Labeling requirements for 19 unvented heaters in California also include warnings of exposure to: 20 "...chemicals including benzene, which is known to the state of Califor- 21 nia to cause cancer and cause birth defects or other reproductive harm". 22 6. Given that the research regarding gas stoves is even more complete 23 and compelling, New York State should also act to inform the public as 24 has already been done with unvented gas heaters. 25 7. The scientific consensus on gas stove emissions is robust and grow- 26 ing. It is now understood that gas stoves can emit carbon monoxide 27 (CO), nitrogen dioxide (NO2), benzene, and formaldehyde. Methane emis- 28 sions can occur even when the gas stove is turned off. According to the 29 Concerned Health Professionals of New York and the Physicians for Social 30 Responsibility, "Nearly three-quarters of methane emissions from gas 31 stoves take place while the stove is turned off and not in use. At the 32 same time levels of hazardous air pollutants from everyday use of gas 33 stoves often exceed the limits of outdoor air quality standards. Indoor 34 concentrations are often much higher than health-protective guidelines 35 set by the World Health Organization." 36 8. According to the Centers for Disease Control and Prevention, 37 "Carbon monoxide, or "CO," is an odorless, colorless gas that can kill 38 you". The New York State Department of Health refers to carbon monoxide 39 as a poisonous gas. Approximately 430 people die each year from carbon 40 monoxide exposure. Thousands more become ill and seek medical attention. 41 Carbon monoxide poisoning is estimated to cause more than 50,000 emer- 42 gency room visits in the United States each year. According to the New 43 York State Department of Health, annually, "In New York State, about 200 44 people are hospitalized and over 1800 people visit an emergency depart- 45 ment because of accidental CO poisoning." The numbers of accidental 46 poisonings are on the rise. The U.S. Consumer Product Safety Commission 47 "found evidence of a statistically significant upward trend in non-fire 48 CO deaths for the 11-year period from 2009 to 2019". According to 49 Preventative Medicine reports, "Accidental, non-fire related poisoning 50 accounts for over $1.3 billion annually in societal costs." 51 9. Notably, while carbon monoxide alarms are an important preventative 52 measure to lower the risk of carbon monoxide poisoning, they are not 53 guaranteed to be effective. According to the National Carbon Monoxide 54 Awareness Association: "Only 14% of families in the US have a properly 55 functioning carbon monoxide alarm". An earlier report showed that inA. 73 3 1 2009, 83% of NYC residents reported having CO alarms. However, only 54% 2 of them had recently tested or replaced their batteries. 3 10. Nitrogen dioxide, or NO2, is a gaseous air pollutant composed of 4 nitrogen and oxygen and is formed when fossil fuels are burned. The EPA 5 has determined that NO2 is "causal" of more severe respiratory symptoms 6 in people with asthma and that long-term exposure to NO2 is "likely 7 causal" of respiratory illnesses such as asthma. The New England Journal 8 of Medicine has found that, "Gas combustion in stoves, boilers and 9 furnaces generates oxides of nitrogen," to which the article attributes, 10 "Increased asthma risk; exacerbation of COPD and cardiovascular 11 disease". The EPA includes NO2 on its list of asthma triggers, and 12 "unvented combustion appliances, e.g. gas stoves" is first on its list 13 of "primary sources of NO2 indoors". 14 11. Each year, asthma accounts for more than 439,000 hospitalizations, 15 1.6 million emergency department visits, and 10.5 million physician 16 office visits in the United States. About 10 people die from the disease 17 every day. Asthma has been linked to 13.8 million missed school days and 18 14.2 million missed workdays annually. The cost of treating asthma in 19 the United States is $62.8 billion every year. 20 12. A 2013 meta-analysis of 41 studies found that children living in 21 homes with gas stoves had a 42 percent higher risk of experiencing asth- 22 ma symptoms, and, over their lifetime, a 24 percent increase in the risk 23 of being diagnosed with asthma, and a 2022 peer-reviewed research paper 24 published in the International Journal of Environmental Research and 25 Public Health found that more than 12% of current childhood asthma cases 26 in the US can be attributed to gas stove use. The same paper suggests 27 that attribution number is 18.8% of children with asthma in New York 28 State. 29 13. The asthma crisis does not equally affect all New York communi- 30 ties. Black Americans are approximately two times more likely to die of 31 asthma than White Americans. Further, the percentage of Black children 32 in the U.S. suffering from asthma is nearly twice that of White chil- 33 dren, and their death rate is ten times higher. According to a 2023 34 joint report from the New York State Department of Health and the New 35 York City Department of Health and Mental Hygiene, "The burden of asthma 36 falls disproportionately among specific demographic groups, specifically 37 for persons and communities of color, where asthma prevalence is higher 38 among Black, American Indian, and multiracial New Yorkers." The Centers 39 for Disease Control and Prevention concurs with the assessment of 40 disproportionate burden. 41 14. While the age-adjusted asthma mortality rate for New York City is 42 higher than for New York State as a whole, with the Bronx demonstrating 43 a notably higher mortality rate than the other boroughs, this problem 44 should not be construed as a New York City issue. Other hotspots exist 45 around the state. For example, years of academic research has convinc- 46 ingly demonstrated alarmingly high rates of asthma on Buffalo's West 47 Side. A study by Dr. Lwebuga-Mukasa, Professor of Medicine at the 48 University of Buffalo, found that "nearly 45% of West Side households 49 reported at least one case of chronic respiratory illness or asthma". 50 15. Gas and propane combustion from gas stoves emits benzene. A study 51 from the Stanford Woods Institute for the Environment found that a 52 single gas cooktop burner set on high, or an oven set at 350 degrees 53 Fahrenheit can, "raise indoor levels of the carcinogen benzene above 54 those of secondhand smoke". According to the World Health Organization, 55 "Human exposure to benzene has been associated with a range of acute andA. 73 4 1 long-term adverse health effects and diseases, including cancer and 2 haematological effects." 3 16. Formaldehyde is listed as a human carcinogen and has been found at 4 more elevated levels associated with gas burners set to "simmer". 5 17. Ventilation of gas stove emissions to the outdoors can improve 6 indoor air quality. However, many homeowners do not have ventilation, 7 and it is not required by state law. In addition, studies also show that 8 many people who have ventilation systems don't use them, often because 9 of noise concerns. Vents can become blocked with debris and the effec- 10 tiveness of ventilation systems can be compromised by changes in air 11 pressure in the building envelope caused by the opening of windows or 12 doors or the activation of bathroom fans, for example. Lastly, some 13 people with range hoods may be under the mistaken belief that pollutants 14 are being vented outdoors when in fact many hoods simply recirculate the 15 air into the kitchen after filtering it. The effectiveness of filtration 16 varies widely and is partially based on active maintenance of the 17 filtration system. 18 18. Therefore it is the intent of the legislature to promote public 19 health, support informed consumer choice, and create consistent public 20 policy, by requiring labeling and signage regarding the health impacts 21 of gas stoves. 22 § 3. The general business law is amended by adding a new section 322-d 23 to read as follows: 24 § 322-d. Labeling requirements for gas stoves. 1. For the purposes of 25 this section, "gas stove" means a stove or range that utilizes natural 26 gas or propane and is used for food preparation, whether in a commercial 27 or residential setting, and provides at least one of the following func- 28 tions: 29 (a) surface cooking; 30 (b) oven cooking; or 31 (c) broiling. 32 2. No person, firm, partnership, association, or corporation shall 33 sell or offer for sale at retail to a consumer in this state any gas 34 stove unless the following requirements are met: 35 (a) A removable label is affixed to the gas stove if such stove is 36 displayed for sale outside of a package, or the package in which it is 37 contained, with a type size no smaller than the largest type size used 38 for other consumer information on the product or package, is in a promi- 39 nent location, and bears the following message: 40 "WARNING: Gas stoves can emit gases (such as NITROGEN DIOXIDE, CARBON 41 MONOXIDE, BENZENE, and FORMALDEHYDE) inside homes at levels exceeding 42 the EPA's standards for outdoor air quality. The presence of these 43 pollutants can affect your health and may exacerbate or contribute to 44 the development of respiratory illnesses. Properly installed and oper- 45 ating ventilation to the outdoors can reduce but not eliminate emis- 46 sions." 47 (b) (i) A sign or poster shall be displayed conspicuously at the prem- 48 ises on which the sale takes place bearing the message required by para- 49 graph (a) of this subdivision. Such sign or poster must have conspicuous 50 lettering in at least seventy-two point bold face type, except that the 51 word "warning" shall be in at least two-inch lettering. Such sign or 52 poster shall be placed as close as possible to the place where gas 53 stoves are displayed for sale so that it is noticeable and easily read- 54 able by a consumer examining any displayed gas stoves for sale. 55 (ii) If the sale takes place on the internet, a notice shall be posted 56 in a conspicuous location on the web page on which the gas stove isA. 73 5 1 listed for sale, bearing the message required by paragraph (a) of this 2 subdivision. 3 3. The department of state may adopt regulations regarding the place- 4 ment and format of labels, signs, and posters to comply with this 5 section. 6 4. Any person who violates any provision of this section shall receive 7 a warning notice for the first such violation. A person shall be liable 8 to the state of New York for a civil penalty not to exceed two hundred 9 fifty dollars for the second violation and not to exceed one thousand 10 dollars for any subsequent violation. A hearing or opportunity to be 11 heard shall be provided prior to the assessment of any civil penalty. 12 5. The department of state and the office of the attorney general are 13 authorized to enforce the provisions of this section. 14 § 4. This act shall take effect one year after it shall have become a 15 law.
