Bill Text: NY S00291 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S00291 Detail]

Download: New_York-2021-S00291-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           291

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general business law, in relation to prohibiting the
          manufacture, distribution and sale of toys  and  child  care  products
          containing phthalates

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings. The  legislature  hereby  finds  that
     2  phthalates  are  a  class  of chemicals used in polyvinyl chloride (PVC)
     3  plastic to improve flexibility and in cosmetics to bind fragrance to the
     4  product. Phthalates are used in  many products intended for use by young
     5  children including, but not limited to, teethers, toys and soft  plastic
     6  books.
     7    It  is  further  found  that  there is extensive scientific literature
     8  reporting the hormone disrupting effect of phthalates,  and  substantial
     9  evidence that levels of the phthalates of concern are found in humans at
    10  levels  associated  with  adverse  effects. Population studies show that
    11  virtually everyone carries some level of phthalates in their  body.  For
    12  the general population, the oral route of exposure is considered a major
    13  route.
    14    § 2. The general business law is amended by adding a new section 397-b
    15  to read as follows:
    16    § 397-b. Toys and child care products; phthalates. 1. For the purposes
    17  of this section:
    18    (a)  "Child  care  article" means all products designed or intended by
    19  the manufacturer to facilitate sleep, relaxation or the feeding of chil-
    20  dren, or to help children with sucking or teething;
    21    (b) "Toy" means all products designed or intended by the  manufacturer
    22  to be used by children when they play.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00729-01-1
        S. 291                              2

     1    2. No person, firm, partnership, association, limited liability compa-
     2  ny  or corporation shall manufacture, distribute, sell or offer for sale
     3  any toy or child care product containing di(2-ethylexyl)phthalate, dibu-
     4  tyl phthalate or butyl benzyl phthalate in concentrations in  excess  of
     5  0.1 percent.
     6    3. No person, firm, partnership, association, limited liability compa-
     7  ny  or corporation shall manufacture, distribute, sell or offer for sale
     8  any toy or child care product containing di-isononyl phthalate,  di-iso-
     9  decyl  phthalate  or di-n-octyl phthalate in concentrations in excess of
    10  0.1 percent, intended for use by a child under three years of  age  when
    11  such toy or product may be placed in the child's mouth.
    12    4.  Every  manufacturer of a product or toy prohibited by this section
    13  shall use the least toxic alternative to the bisphenol-A or phthalate in
    14  the toy or product. Such alternative shall not be (i) a carcinogen rated
    15  by the United States Environmental Protection Agency as A, B or C carci-
    16  nogens, or substances listed as known or likely carcinogens, known to be
    17  human carcinogens, likely to be human carcinogens or suggestive of being
    18  human carcinogens, as described in the "List of Chemicals Evaluated  for
    19  Carcinogen  Potential";  or (ii) reproductive toxicants that cause birth
    20  defects, reproductive harm or developmental harm as  identified  by  the
    21  United States Environmental Protection Agency.
    22    5.  Any  person,  firm,  partnership,  association,  limited liability
    23  company or corporation which violates  any  provision  of  this  section
    24  shall  be  liable for a civil fine of not less than ten thousand dollars
    25  for each day of such violation.
    26    § 3. This act shall take effect twenty-four months after it shall have
    27  become a law.