Bill Text: NY A09765 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to regulation of toxic chemicals in children's products.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2020-03-10 - REFERRED TO RULES [A09765 Detail]
Download: New_York-2019-A09765-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9765 IN ASSEMBLY February 10, 2020 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to regu- lation of toxic chemicals 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. Title 9 of article 37 of the environmental conservation 2 law, as added by a chapter of the laws of 2019 amending the environ- 3 mental conservation law relating to regulation of toxic chemicals in 4 children's products, as proposed in legislative bills numbers S. 501-B 5 and A. 6296-A, is amended to read as follows: 6 TITLE IX 7 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS 8 Section 37-0901. Definitions. 9 37-0903. [Consumer notice] Applicability. 10 37-0905. Chemicals of concern and high-priority chemicals. 11 [37-0905.] 37-0907. Reporting on the use of chemicals. 12 [37-0907.] 37-0909. Sales prohibition. 13 [37-0909. Applicability.] 37-0911. Children's product safety 14 council; established. 15 [37-0911. Enforcement and implementation] 37-0913. Notice to 16 retailers and the public. 17 [37-0913. Regulations] 37-0915. Enforcement and implementation. 18 37-0917. Regulations. 19 § 37-0901. Definitions. 20 As used in this title, unless the context otherwise indicates, the 21 following terms have the following meanings. 22 1. "Children's apparel" means any item of clothing that consists of 23 fabric or related material intended or promoted for use in children's 24 clothing. Children's apparel does not mean protective equipment designed 25 to prevent injury, including, but not limited to, bicycle helmets, 26 athletic supporters, knee pads or elbow pads. 27 2. "Chemical" means a substance with a distinct molecular composition 28 or a group of structurally related substances and includes the breakdown EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05551-13-0A. 9765 2 1 products of the substance or substances that form through decomposition, 2 degradation or metabolism. 3 3. "[Chemicals] Chemical of concern" [means:4(a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)5(a-1) 1,2-Dibromoethane (CAS 106-93-4)6(a-2) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140-766-9)8(a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS927193-28-8)10(a-4) 1,3-Butadiene (CAS 106-99-0)11(b) 1,4-Dioxane (CAS 123-91-1)12(c) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS131163-19-5)14(d) 2,4-Diaminotoluene (CAS 95-80-7)15(d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)16(e) 2-Aminotoluene (CAS 95-53-4)17(f) 2-Ethylhexanoic acid (CAS 149-57-5)18(f-1) 2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS19183658-27-7)20(g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)21(g-1) 2-Napthylamine (CAS 91-59-8)22(h) 2-Methoxyethanol (CAS 109-86-4)23(i) 3,3'-Dimethylbenzidine and dyes metabolized to243,3'-Dimethylbenzidine (CAS 119-93-7)25(i-1) 4-Hydroxybiphenol (CAS 92-69-3)26(j) 4-Nonylphenol; 4-NP and its isomer mixtures including CAS2784852-15-3 and CAS 25154-52-3 (CAS 104-40-5)28(j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)29(k) 4-Tert-octylphenol; 1,1,3,3-Tetramethyl-4-butylphenol (CAS30140-66-9)31(l) Acetaldehyde (CAS 75-07-0)32(m) Acrylonitrile (CAS 107-13-1)33(n) Aniline (CAS 62-53-3)34(o) Antimony & antimony compounds (CAS 7440-36-0)35(p) Arsenic & arsenic compounds (CAS 7440-38-2) including arsenic36trioxide & dimethyl arsenic (CAS 75-60-5)37(q) Asbestos (CAS 1332-21-4)38(r) Benzene (CAS 71-43-2)39(s) Benzene, pentachloro (CAS 608-93-5)40(s-1) Benzidine and its salts (CAS 92-87-5)41(t) Benzophenone-2 (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS42131-55-5)43(t-1) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)44(t-2) Bis(chloromethyl) propane-1-3-diyltetrakis-(2-chloroethyl)45bis(phosphate)(V6)(CAS 38051-10-4)46(u) Bisphenol A (CAS 80-05-7)47(u-1) Bisphenol F (CAS 620-92-8)48(u-2) Bisphenol S (CAS 80-09-1)49(v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)50(w) Butyl paraben (CAS 94-28-6)51(x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)52(y) C.I. solvent yellow 14 (CAS 842-07-9)53(z) Cadmium & cadmium compounds (CAS 7440-43-9)54(aa) Carbon disulfide (CAS 75-15-0)55(aa-1) Chlorinated paraffins (CAS 108171-26-2)56(bb) Cobalt & cobalt compounds (CAS 7440-48-4)A. 9765 3 1(bb-1) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)2(bb-2) Decabromodiphenyl ether (CAS 163-19-5)3(cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)4(cc-1) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)5(dd) Dibutyl phthalate (CAS 84-74-2)6(dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)7(ee) Diethyl phthalate (CAS 84-66-2)8(ee-1) Diisobutyl phthalate (DIBP) (CAS 84-69-5)9(ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)10(gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)11(hh) Di-n-hexyl phthalate (CAS 84-75-3)12(ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)13(ii-1) Dipentyl phthalate (DPP) (CAS 131-18-0)14(ii-2) Epichlorohydrin (CAS 106-98-9)15(jj) Estragole (CAS 140-67-0)16(kk) Ethyl paraben (CAS 120-47-8)17(ll) Ethylbenzene (CAS 100-41-4)18(mm) Ethylene glycol (CAS 107-21-1)19(nn) Ethylene glycol monoethyl ester (CAS 110-80-5)20(nn-1) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)21(oo) Formaldehyde (CAS 50-0-0)22(pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)23(qq) Hexachlorobenzene (CAS 118-74-1)24(rr) Hexachlorobutadiene (CAS 87-68-3)25(rr-1) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)26(ss) Lead & lead compounds (CAS 7439-92-1)27(tt) Mercury & mercury compounds (CAS 7439-97-6) including methyl28mercury (CAS 22967-92-6)29(uu) Methyl ethyl ketone (CAS 78-93-3)30(vv) Methyl paraben (CAS 99-76-3)31(ww) Methylene chloride (CAS 75-09-2)32(ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)33(xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)34(xx-1) Mono-n-butylphthalate (CAS 131-70-4)35(yy) N-methylpyrrolidone (CAS 872-50-4)36(yy-1) Nickel and nickel compounds (CAS N/A)37(zz) N-nitrosodimethylamine (CAS 62-75-9)38(aaa) N-nitrosodiphenylamine (CAS 86-30-6)39(bbb) Nonylphenol (CAS 25154-52-3)40(ccc) Para-chloroaniline (CAS 106-47-3)41(ddd) Perchloroethylene (CAS 127-18-4)42(ddd-1) Perflurooctanoic acid (PFOA & related substances) (CAS43335-67-1)44(eee) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763-4523-1)46(fff) Phenol (CAS 108-95-2)47(ggg) Phenol, 4-octyl- (CAS 1806-26-4)48(hhh) P-hydroxybenzoic acid (CAS 99-96-7)49(iii) Propyl paraben (CAS 94-13-3)50(iii-1) Short chain chlorinated paraffins (SCCP) (CAS 85535-84-8)51(jjj) Silica, crystalline (in the form of quartz or cristabolite dust)52(CAS 14808-60-7)53(kkk) Styrene (CAS 100-42-5)54(lll) Tetrabromobisphenol A (CAS 79-94-7)55(lll-1) Tetrachloroethene (CAS 127-18-4)56(mmm) Toluene (CAS 108-88-3)A. 9765 4 1(mmm-1) Tricresyl phosphate (TCP) (CAS 1330-78-5)2(mmm-2) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)3(mmm-3) Triphenyl phosphate (TPP) (CAS 115-86-6)4(nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)5(nnn-1) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)6(ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)7(ooo-1) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)8(ppp) Vinyl chloride (CAS 75-01-4)] means a chemical identified by the 9 department by rule pursuant to subdivision one of section 37-0905 of 10 this title. 11 4. "Children" means a person or persons aged twelve and under. 12 5. "Children's product" means a consumer product primarily intended 13 for, made for or marketed for use by children, such as baby products, 14 toys, car seats, school supplies, personal care products as defined in 15 section 37-0117 of this article, a product designed or intended by the 16 manufacturer to help a child with sucking or teething, to facilitate 17 sleep, relaxation, or the feeding of a child, and children's novelty 18 products, children's jewelry as defined in section 37-0115 of this arti- 19 cle, children's bedding, furniture, furnishings, and apparel. "Chil- 20 dren's product" does not include (a) batteries; [or] (b) consumer elec- 21 tronic products and their component parts including but not limited to 22 personal computers, audio and video equipment, calculators, wireless 23 phones, game consoles, video toys that can be connected to a video 24 screen and are operated at a nominal voltage exceeding twenty-four volts 25 and handheld devices incorporating a video screen, used to access inter- 26 active software and their associated peripherals, accessories and 27 peripherals to children's electronic products including plugs, keyboards 28 and headphones, interactive software, intended for leisure and enter- 29 tainment, such as computer games, and their storage media, such as 30 compact disks; or (c) [a food or beverage or an additive to a food or31beverage regulated by the United States Food and Drug Administration.32"Children's product" also does not include a drug, biologic or medical33device regulated by the United States Food and Drug Administration] 34 sporting equipment including bicycles and tricycles, skis, snow boards, 35 sleds, and roller skates; and hunting and fishing equipment or compo- 36 nents thereof; (d) science kits including chemistry sets and model rock- 37 ets; (e) toy engines and sets of darts with metallic points; (f) motor 38 vehicles or their component parts, watercraft or their component parts, 39 all-terrain vehicles or their component parts, or off-highway motorcy- 40 cles or their component parts. 41 6. "Consumer product" means any product that is regularly used or 42 purchased to be used for personal, family or household purposes. Consum- 43 er product shall not mean: (a) a food or beverage or an additive to a 44 food or beverage regulated by the United States Food and Drug Adminis- 45 tration; or (b) a drug, biologic or medical device regulated by the 46 United States Food and Drug Administration. 47 [6.] 7. "Distributor" means a person who sells children's products to 48 retail establishments on a wholesale basis. 49 [7.] 8. "Manufacturer" means any person who currently manufactures a 50 children's product or whose brand name is affixed to the children's 51 product. In the case of a children's product that was imported into the 52 United States, "manufacturer" includes the importer or first domestic 53 distributor of the children's product if the person who currently manu- 54 factures or assembles the children's product or whose brand name is 55 affixed to the children's product does not have a presence in the United 56 States.A. 9765 5 1 [8.] 9. "Practical quantification limit" means the lowest level that 2 can be reliably achieved within specified limits of precision and accu- 3 racy during routine laboratory operating conditions. 4 [9. "Dangerous] 10. "High-priority chemical" means (a) [the following5chemicals:6CASRN13674-87-8 Tris (1, 3 dichloro-2-propyl) phosphate7CASRN71-43-2 Benzene8CASRN7439-92-1 lead and compounds (inorganic)9CASRN7439-97-6 Mercury and mercury compounds, including methyl10mercury (CASRN 22967-92-6)11CASRN50-00-0 Formaldehyde12CASRN1332-21-4 Asbestos13CASRN7440-38-2 Arsenic and arsenic compounds including arsenic14trioxide (CASRN 1327-53-3)15and dimethyl arsenic (CASRN 75-60-5)16CASRN7440-43-9 Cadmium17CASRN Assorted Organohalogen flame retardants18(b) a chemical adopted by the department pursuant to section 37-0903] 19 a chemical designated pursuant to paragraph (a) of subdivision two of 20 section 37-0905 of this title; and 21 (b) a chemical adopted by the department pursuant to paragraph (b) of 22 subdivision two of section 37-0905 of this title. 23 [10.] 11. "Intentionally added chemical" means a chemical in a product 24 that serves an intended function in the product component. 25 12. "Toy" means a product designed or intended by the manufacturer to 26 be used by children at play. 27 13. "Trace contaminant" means a trace amount of a chemical or chemi- 28 cals that is incidental to manufacturing, including an unintended 29 by-product of chemical reactions during the manufacture of the chil- 30 dren's product, a trace impurity in feed-stock, an incompletely reacted 31 chemical mixture, or a degradation product. 32 14. "Very persistent" means having a half-life greater than or equal 33 to one of the following: (a) a half-life in soil or sediment of greater 34 than one hundred eighty days; (b) a half-life greater than or equal to 35 sixty days in water or evidence of long-range transport. 36 15. "Very bioaccumulative" means having a bioconcentration factor or 37 bioaccumulation factor greater than or equal to five thousand, or if 38 neither are available, having a log Kow greater than 5.0. 39 § 37-0903. [Consumer notice.401. Publishing of lists. Within one hundred eighty days of the effec-41tive date of this title, the department shall post lists of dangerous42chemicals and chemicals of concern on the department's website.432. Periodic review. (a) The department, in consultation with the44department of health, shall periodically review the list of dangerous45chemicals and, may through regulation, add or remove dangerous chemicals46or chemicals of concern from such lists.47(b) The department, in consultation with the department of health, may48identify a chemical as a dangerous chemical if, upon such review, it is49present in a children's product and meets any of the following criteria:50(i) The chemical or its metabolites have been found through biomoni-51toring to be present in humans;52(ii) The chemical has been found through sampling and analysis to be53present in household dust, indoor air, drinking water or elsewhere in54the home environment;55(iii) The chemical has been found through monitoring to be present in56fish, wildlife or the natural environment; orA. 9765 6 1(iv) The sale or use of the chemical or a children's product contain-2ing the chemical has been banned in another state or states within the3United States because of the health effects of such chemical.4(c) The department, in consultation with the department of health, may5remove a chemical from the list of dangerous chemicals if, upon review,6it determines on the basis of credible scientific evidence that such7chemical no longer meets the criteria for listing under paragraph (b) of8this subdivision.9(d) The department, in consultation with the department of health10shall identify a chemical as a chemical of concern if, upon review, it11determines that the chemical has been identified by a state, federal or12international governmental entity on the basis of credible scientific13evidence as:14(i) A carcinogen, reproductive or developmental toxicant, neurotoxi-15cant, asthmagen, or endocrine disruptor;16(ii) Persistent, bioaccumulative and toxic; or17(iii) Very persistent and very bioaccumulative.] Applicability. 18 1. New children's products. The provisions of this title shall apply 19 to chemicals of concern and high-priority chemicals in children's 20 products sold or distributed as new and does not apply to used chil- 21 dren's products that are sold or distributed for free at secondhand 22 stores, yard sales, on the internet or donated to charities. 23 2. Exceptions. (a) The requirements of this title shall not apply to 24 high priority chemicals used in or for industry or manufacturing, 25 including chemicals processed or otherwise used in or for industrial or 26 manufacturing processes and not included in the final product. 27 (b) Combustion. The requirements of this title shall not apply to 28 high-priority chemicals generated solely as combustion by-products or 29 that are present in combustible fuels. 30 (c) Small business exception. The requirements of this title shall not 31 apply to children's product manufacturers that employ five persons or 32 fewer and are independently owned and operated. 33 (d) Retailers. A retailer is exempt from the requirements of this 34 title unless that retailer knowingly sells a children's product contain- 35 ing a high-priority chemical after the effective date of its prohibition 36 for which that retailer has received notification pursuant to section 37 37-0913 of this title. 38 § 37-0905. Chemicals of concern and high-priority chemicals. 39 1. Chemicals of concern. 40 (a) Within two years of the effective date of this title, the depart- 41 ment, in consultation with the department of health, shall promulgate a 42 list of chemicals of concern. A chemical may be listed as a chemical of 43 concern if it has been identified by a government entity and/or identi- 44 fied on the basis of credible scientific evidence as being: 45 (i) a carcinogen, reproductive or developmental toxicant, neurotoxi- 46 cant, asthmagen, or endocrine disruptor; 47 (ii) persistent, bioaccumulative and toxic; or 48 (iii) very persistent and very bioaccumulative. 49 (b) The department shall review lists codified or promulgated in other 50 states as chemicals of concern to determine if such chemicals meet the 51 criteria of paragraph (a) of this subdivision. The department at a mini- 52 mum shall consider: 53 (i) 1,1,2,2-Tetrachloroethane (CAS 79-34-5) 54 (ii) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 55 140-66-9) 56 (iii) 1,4-Dioxane (CAS 123-91-1)A. 9765 7 1 (iv) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS 2 1163-19-5) 3 (v) 2,4-Diaminotoluene (CAS 95-80-7) 4 (vi) 2-Aminotoluene (CAS 95-53-4) 5 (vii) 2-Ethylhexanoic acid (CAS 149-57-5) 6 (viii) 2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS 183658- 7 27-7) 8 (ix) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3) 9 (x) 2-Methoxyethanol (CAS 109-86-4) 10 (xi) 3,3'-Dimethylbenzidine and dyes metabolized to 11 3,3'-Dimethylbenzidine (CAS 119-93-7) 12 (xii) 4-Nonylphenol; 4-NP and its isomer mixtures including CAS 13 84852-15-3 and CAS 25154-52-3 (CAS 104-40-5) 14 (xiii) Acetaldehyde (CAS 75-07-0) 15 (xiv) Acrylonitrile (CAS 107-13-1) 16 (xv) Aniline (CAS 62-53-3) 17 (xvi) Antimony & antimony compounds (CAS 7440-36-0) 18 (xvii) Arsenic & arsenic compounds (CAS 7440-38-2) including arsenic 19 trioxide & dimethyl arsenic (CAS 75-60-5) 20 (xviii) Asbestos (CAS 1332-21-4) 21 (xix) Benzene (CAS 71-43-2) 22 (xx) Benzene, pentachloro (CAS 608-93-5) 23 (xxi) Benzophenone-2 (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS 24 131-55-5) 25 (xxii) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7) 26 (xxiii) Bis(chloromethyl) propane-1-3-diyltetrakis-(2-chloroethyl) 27 bis(phosphate)(V6)(CAS 38051-10-4) 28 (xxiv) Bisphenol A (CAS 80-05-7) 29 (xxv) Bisphenol F (CAS 620-92-8) 30 (xxvi) Bisphenol S (CAS 80-09-1) 31 (xxvii) Butyl benzyl phthalate (BBP) (CAS 85-68-7) 32 (xxviii) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5) 33 (xxix) C.I. solvent yellow 14 (CAS 842-07-9) 34 (xxx) Cadmium & cadmium compounds (CAS 7440-43-9) 35 (xxxi) Carbon disulfide (CAS 75-15-0) 36 (xxxii) Chlorinated paraffins (CAS 108171-26-2) 37 (xxxiii) Cobalt & cobalt compounds (CAS 7440-48-4) 38 (xxxiv) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9) 39 (xxxv) Di-2-ethylhexyl phthalate (CAS 117-81-7) 40 (xxxvi) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8) 41 (xxxvii) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7) 42 (xxxviii) Diethyl phthalate (CAS 84-66-2) 43 (xxxix) Diisobutyl phthalate (DIBP) (CAS 84-69-5) 44 (xl) Di-n-hexyl phthalate (CAS 84-75-3) 45 (xli) Di-n-octyl phthalate (DNOP) (CAS 117-84-0) 46 (xlii) Dipentyl phthalate (DPP) (CAS 131-18-0) 47 (xliii) Ethylene glycol (CAS 107-21-1) 48 (xliv) Ethylene glycol monoethyl ester (CAS 110-80-5) 49 (xlv) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7) 50 (xlvi) Formaldehyde (CAS 50-0-0) 51 (xlvii) Hexabromocyclododecane (HBCD) (CAS 25637-99-4) 52 (xlviii) Hexachlorobenzene (CAS 118-74-1) 53 (xlix) Hexachlorobutadiene (CAS 87-68-3) 54 (l) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7) 55 (li) Mercury & mercury compounds (CAS 7439-97-6) including methyl 56 mercury (CAS 22967-92-6)A. 9765 8 1 (lii) Methyl ethyl ketone (CAS 78-93-3) 2 (liii) Methyl paraben (CAS 99-76-3) 3 (liv) Methylene chloride (CAS 75-09-2) 4 (lv) N-methylpyrrolidone (CAS 872-50-4) 5 (lvi) Nickel and nickel compounds (CAS N/A) 6 (lvii) N-nitrosodimethylamine (CAS 62-75-9) 7 (lviii) N-nitrosodiphenylamine (CAS 86-30-6) 8 (lvix) Perchloroethylene (CAS 127-18-4) 9 (lx) Perfluorooctanoic acid (PFOA & related substances) (CAS 335-67-1) 10 (lxi) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763- 11 23-1) 12 (lxii) Phenol (CAS 108-95-2) 13 (lxiii) Phenol, 4-octyl- (CAS 1806-26-4) 14 (lxiv) P-hydroxybenzoic acid (CAS 99-96-7) 15 (lxv) Propyl paraben (CAS 94-13-3) 16 (lxvi) Styrene (CAS 100-42-5) 17 (lxvii) Tetrabromobisphenol A (CAS 79-94-7) 18 (lxviii)Tetrachloroethene (CAS 127-18-4) 19 (lxix) Toluene (CAS 108-88-3) 20 (lxx) Tricresyl phosphate (TCP) (CAS 1330-78-5) 21 (lxxi) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8) 22 (lxxii) Triphenyl phosphate (TPP) (CAS 115-86-6) 23 (lxxiii) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5) 24 (lxxiv) Tris(2-chloroethyl) phosphate (CAS 115-96-8) 25 (lxxv) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7) 26 (lxxvi) Vinyl chloride (CAS 75-01-4) 27 (lxxvii) Organohalogen flame retardants 28 (c) The department, in consultation with the department of health, 29 shall periodically review the list of chemicals of concern and may 30 through regulation add or remove a chemical from the list on the basis 31 of credible scientific evidence. The department may remove a chemical 32 from the list of chemicals of concern if, upon review, it determines on 33 the basis of credible scientific evidence that such chemical no longer 34 meets the criteria for listing under paragraph (a) of this subdivision. 35 2. High-priority chemicals. (a) The following chemicals are designated 36 high priority chemicals for purposes of this title: 37 (i) Tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8) 38 (ii) Benzene (CAS 71-43-2) 39 (iii) Mercury and mercury compounds, including methyl mercury (CAS 40 7439-97-6) 41 (iv) Asbestos (CAS 1332-21-4) 42 (v) Arsenic and arsenic compounds (CAS 7440-38-2) including arsenic 43 trioxide (CASRN 1327-53-3) and dimethyl arsenic (CASRN 75-60-5) 44 (vi) Cadmium (CAS 7440-43-9) (other than toy coatings) 45 (vii) Organohalogen flame retardants in upholstered bedding or furni- 46 ture 47 (b) The department shall periodically review the list of high priority 48 chemicals and may by rule add to the list of high-priority chemicals if 49 the criteria of paragraph (a) of subdivision one of this section are met 50 and the chemical is present in a children's product and meets any of the 51 following criteria: 52 (i) The chemical or its metabolites have been found through biomoni- 53 toring to be present in humans; 54 (ii) The chemical has been found through sampling and analysis to be 55 present in household dust, indoor air, drinking water or elsewhere in 56 the home environment;A. 9765 9 1 (iii) The chemical has been found through monitoring to be present in 2 fish, wildlife or the natural environment; or 3 (iv) The sale or use of the chemical or a children's product contain- 4 ing the chemical has been banned in another state or states within the 5 United States because of the health effects of such chemical or the 6 children's product safety council established pursuant to section 7 37-0911 of this title has recommended the chemical be listed as a high- 8 priority chemical. The department shall, as part of its periodic 9 review, consider whether the sale or use of a chemical or a children's 10 product containing the chemical has been banned in another state or 11 within the United States because of the health effects of such chemical. 12 (c) The department, in consultation with the department of health, may 13 remove a chemical from the list of high priority chemicals if it deter- 14 mines on the basis of credible scientific evidence that such chemical no 15 longer meets the criteria of paragraph (b) of this subdivision. 16 § [37-0905.] 37-0907. Reporting on the use of chemicals. 17 1. Reporting of chemical use. No later than twelve months after a 18 [dangerous] chemical of concern or high-priority chemical appears on the 19 [list published] lists promulgated pursuant to section [37-0903] 37-0905 20 of this title, every manufacturer who offers a children's product for 21 sale or distribution in this state that contains a [dangerous chemical22or] chemical of concern or a high-priority chemical shall report such 23 chemical use at or above practical quantification limits to the depart- 24 ment, provided however, that the department may, through regulation, 25 establish an alternative threshold for the reporting of trace contam- 26 inants. 27 (a) This report must at a minimum identify the children's product, the 28 [dangerous] high-priority chemical or chemicals of concern contained in 29 the children's product and the intended purpose of such chemicals. The 30 department may also require reporting of the following information: 31 (i) the amount of such chemical in the children's product; or 32 (ii) information on the likelihood that the chemical will be released 33 from the children's product to the environment during the product's life 34 cycle and the extent to which users of the product are likely to be 35 exposed to the chemical. 36 (b) The department is authorized to direct submission of such report 37 to the interstate chemicals clearinghouse and may otherwise provide for 38 reciprocal data sharing with other states which require reporting of the 39 same information. 40 2. Waiver of reporting. Upon application by a manufacturer, the 41 commissioner may waive all or part of the reporting requirements under 42 subdivision one of this section for one or more specified uses of a 43 [dangerous] high-priority chemical. In making such determination, the 44 commissioner may consider: (a) if substantially equivalent information 45 is already publicly available or that the information is not needed for 46 the purposes of this chapter, (b) similar waivers granted by other 47 states, and (c) whether the specified use or uses are minor in volume. 48 3. [Notice. (a) A manufacturer of a children's product containing a49dangerous chemical shall notify persons that offer the children's prod-50uct for sale or distribution in the state, in a form prescribed by the51department, of the presence of such dangerous chemical, and provide such52persons with information regarding the toxicity of such chemical.53(b) The department shall notify consumers about children's products54containing chemicals of concern and dangerous chemicals. The notifica-55tion shall be published on the department's website.A. 9765 10 14.] Fees. The manufacturer shall pay a fee upon submission of a 2 report of chemical use pursuant to subdivision one of this section or a 3 waiver request pursuant to subdivision two of this section to cover the 4 department's reasonable costs in the administration and enforcement of 5 this title. Exclusive of fines and penalties, the state shall only 6 recover its actual cost of administration and enforcement. 7 § [37-0907.] 37-0909. Sales prohibition. 8 1. Effective January first, two thousand twenty-three, no person shall 9 distribute, sell or offer for sale in this state a children's product 10 [containing] in which tris (1, 3 dichloro-2-propyl) phosphate (CAS 11 13674-87-8), benzene (CAS 71-43-2), [formaldehyde (other than in12textiles)], or asbestos[, and organohalogen flame retardents] (CAS 13 1332-21-4) is intentionally added. This provision shall not apply: (a) 14 to a children's product solely based on its containing an enclosed 15 battery or enclosed electronic components [and]; (b) where state regu- 16 lation of children's products is preempted by federal law; (c) where the 17 chemical is present as a trace contaminant; or (d) to an inaccessible 18 component of a children's product that during reasonable, foreseeable 19 use and abuse of the product would not come into direct contact with a 20 child's skin or mouth, as determined by the department. The commissioner 21 may exempt a children's product from this prohibition if, in the commis- 22 sioner's judgment, the lack of availability of the children's product 23 could pose an unreasonable risk to public health, safety or welfare. 24 2. [Effective three years after being added to the dangerous chemicals25list, no person shall distribute, sell, or offer for sale in this state26a children's product that contains a chemical added to the dangerous27chemicals list pursuant to section 37-0903 of this title] (a) To the 28 extent allowed by federal law, the department may, by regulation, 29 prohibit the distribution, sale, or offer for sale in this state of a 30 children's product that contains a chemical added to the high-priority 31 chemicals list pursuant to section 37-0905 of this title, or a chemical 32 recommended for prohibition by the children's product safety council 33 pursuant to paragraph (b) of subdivision five of section 37-0911 of this 34 title. 35 (b) In developing rules to prohibit a chemical pursuant to this subdi- 36 vision, the department shall rely on credible scientific evidence and 37 consider information relevant to the hazards based on the quantitative 38 extent of potential exposures to the chemical under its intended or 39 reasonably anticipated conditions of use. 40 § 37-0911. Children's product safety council; established. 1. There 41 shall be established, within the department, the children's product 42 safety council. Such council shall be composed of ten members as 43 follows: 44 (a) the commissioner, or the commissioner's designee, who shall be the 45 chair of the council; 46 (b) the commissioner of health or his or her designee; 47 (c) a designee of the commissioner with expertise in epidemiology, 48 toxicology or health risk assessment; 49 (d) a designee of the commissioner of health with expertise in epide- 50 miology, toxicology or health risk assessment; and 51 (e) six members appointed by the governor, two of whom shall be recom- 52 mended by the temporary president of the senate, and two by the speaker 53 of the assembly. 54 2. (a) Of the four members appointed to the children's product safety 55 council and recommended by the temporary president of the senate and theA. 9765 11 1 speaker of the assembly, the temporary president of the senate and the 2 speaker of the assembly shall each recommend: 3 (i) one member who has expertise in pediatrics; and 4 (ii) one member who has a background or expertise in toxicology or 5 health risk assessment. 6 (b) Of the two additional members appointed to the children's product 7 safety council, the governor shall appoint members who have a background 8 in environmental health and safety, risk assessment or medicine. 9 (c) The members of such council appointed pursuant to paragraph (e) of 10 subdivision one of this section shall serve terms of two years. 11 (d) The members appointed pursuant to paragraph (e) of subdivision one 12 of this section shall each serve his or her term of office or until his 13 or her successor is appointed; provided that any vacancy in the position 14 of an appointed member shall be filled in the same manner as the 15 original appointment and only for the unexpired term of the vacancy. 16 3. The members of the children's product safety council shall receive 17 no compensation for their services, but shall be allowed their actual 18 and necessary expenses incurred in the performance of their duties 19 pursuant to this title. 20 4. The children's product safety council shall meet at such times and 21 places as may be determined by its chair. The council shall meet at a 22 minimum of two times per year. All meetings shall be open to the public 23 pursuant to article seven of the public officers law. A majority of the 24 members of such council shall constitute a quorum for the transaction of 25 business. Action may be taken, and motions and resolutions adopted, at 26 any meeting by the affirmative vote of a majority of the full membership 27 of the council. 28 5. (a) The council shall make recommendations to the department relat- 29 ing to those chemicals, which the department may list as high-priority 30 chemicals pursuant to section 37-0905 of this title. The council shall 31 provide the department with its first list of recommended high-priority 32 chemicals no later than one year from the initial meeting of the coun- 33 cil, and the council shall update the list annually thereafter. In 34 determining what chemicals shall be recommended as high-priority chemi- 35 cals the council shall, at a minimum, consider the criteria of paragraph 36 (b) of subdivision two of section 37-0905 of this title; 37 (b) The council shall make recommendations to the department relating 38 to those chemicals which should be prohibited by the department pursuant 39 to subdivision two of section 37-0909 of this title. 40 (i) In determining what chemicals shall be recommended for prohibi- 41 tion, the council shall, at a minimum, consider those chemicals listed 42 as high-priority chemicals pursuant to section 37-0905 of this title. 43 (ii) The council shall provide the department with its first list of 44 such chemicals no later than two years from the initial meeting of the 45 council. The council shall update the list, including a review of the 46 chemicals listed as high-priority chemicals pursuant to section 37-0905 47 of this title, annually thereafter. 48 6. The children's product safety council shall be entitled to request 49 and receive information from any state, municipal department, board, 50 commission or agency that may be required or are deemed necessary for 51 the purposes of such council. 52 7. Before the council advances any recommendation to the department, 53 the council shall provide an opportunity for public and stakeholder 54 comments. Final recommendations of the council shall be posted on the 55 department's website within thirty days after the council adopts such 56 recommendations.A. 9765 12 1 [This provision shall not apply: (a) to a children's product solely2based on its containing an enclosed battery or enclosed electronic3components and (b) where state regulation of children's products is4preempted by federal law. The commissioner may exempt a children's5product from this prohibition if, in the commissioner's judgment, the6lack of availability of the children's product could pose an unreason-7able risk to public health, safety or welfare.8§ 37-0909. Applicability.91. New children's products. The provisions of this title shall apply10to chemicals in children's products sold or distributed as new and does11not apply to used children's products that are sold or distributed for12free at secondhand stores, yard sales, on the internet or donated to13charities.142. Industry. The requirements of this title shall not apply to priori-15ty chemicals used in or for industry or manufacturing, including chemi-16cals processed or otherwise used in or for industrial or manufacturing17processes and not included in the final product.183. Transportation. The requirements of this title shall not apply to19motor vehicles or their component parts, watercraft or their component20parts, all terrain vehicles or their component parts, or off-highway21motorcycles or their component parts, except that the use of dangerous22chemicals in detachable car seats is not exempt.234. Combustion. The requirements of this title shall not apply to24dangerous chemicals generated solely as combustion by-products or that25are present in combustible fuels.265. Exceptions. The requirements of this title shall not apply to chil-27dren's product makers that employ five persons or fewer, and are inde-28pendently owned and operated.296. Retailers. A retailer is exempt from the requirements of this title30unless that retailer knowingly sells a children's product containing a31dangerous chemical after the effective date of its prohibition for which32that retailer has received notification pursuant to subdivision three of33section 37-0905 of this title.] § 37-0913. Notice to retailers and the 34 public. 35 1. A manufacturer of a children's product containing a high-priority 36 chemical shall notify persons that offer the children's product for sale 37 or distribution in the state, in a form prescribed by the department, of 38 the use of such high-priority chemical and provide such persons with 39 information regarding the toxicity of such chemical, except that this 40 subdivision shall apply to trace contaminants in a manner consistent 41 with section 37-0907 of this title. 42 2. The department shall provide information to the public about chil- 43 dren's products containing chemicals of concern or high priority chemi- 44 cals by posting such information as reported by the manufacturers on the 45 department's website, provided however, that the department shall not be 46 held liable for the accuracy of a manufacturer's report. 47 § [37-0911.] 37-0915. Enforcement and implementation. 48 1. Failure to provide notice. A children's product containing a 49 [dangerous] high-priority chemical may not be sold, offered for sale or 50 distributed for sale in this state unless the manufacturer has provided 51 [the notification] a report to the department required under section 52 [37-0905] 37-0907 of this title by the date required in such section. 53 The commissioner may exempt a children's product from this prohibition 54 if, in the commissioner's judgment, the lack of availability of the 55 children's product could pose an unreasonable risk to public health, 56 safety or welfare.A. 9765 13 1 2. Statement of compliance. [If there are grounds to suspect that a2children's product is being offered for sale in violation of this title,3the] The department may request the manufacturer of the children's prod- 4 uct to provide a statement of compliance on a form provided by the 5 department, within [ten] fifteen days of receipt of a request from the 6 department. The statement of compliance shall: 7 (a) attest that the children's product does not contain the [danger-8ous] high-priority chemical; or 9 (b) attest [and provide the department with documentation] that 10 notification [of the presence of the dangerous chemical has been11provided to the department or provide notice as required by section1237-0905 of this title] required by section 37-0913 of this title has 13 been provided; [or] 14 (c) attest that the manufacturer has notified persons who sell the 15 product in this state that the sale of the children's product is prohib- 16 ited; 17 (d) attest that the presence of a high-priority chemical is only as a 18 trace contaminant; or 19 (e) attest that the chemical prohibited pursuant to subdivision two of 20 section 37-0909 of this title is only present in an inaccessible compo- 21 nent of the children's product. 22 § [37-0913.] 37-0917. Regulations. 23 The department may adopt any rules and regulations it deems necessary 24 to implement the provisions of this title. 25 § 2. This act shall take effect on the same date and in the same 26 manner as a chapter of the laws of 2019 amending the environmental 27 conservation law relating to regulation of toxic chemicals in children's 28 products, as proposed in legislative bills numbers S. 501-B and A. 29 6296-A, takes effect.
