Bill Text: NY S07070 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to regulation of toxic chemicals in children's products; establishes the interstate chemical clearinghouse.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2010-06-28 - PRINT NUMBER 70770D [S07070 Detail]
Download: New_York-2009-S07070-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7070--D
I N S E N A T E
March 10, 2010
___________
Introduced by Sens. PERKINS, ADAMS, DIAZ, DUANE, ESPADA, HASSELL-THOMP-
SON, HUNTLEY, KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, SAVI-
NO, SERRANO, STEWART-COUSINS, THOMPSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation -- reported favorably from said committee and
committed to the Committee on Codes -- committee discharged and said
bill committed to the Committee on Rules -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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. Article 37 of the environmental conservation law is amended
2 by adding a new title 5 to read as follows:
3 TITLE V
4 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
5 SECTION 37-0501. DEFINITIONS.
6 37-0503. CHEMICALS OF HIGH CONCERN.
7 37-0505. PRIORITY CHEMICALS.
8 37-0507. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
9 37-0509. SALES PROHIBITION.
10 37-0511. APPLICABILITY.
11 37-0513. ENFORCEMENT AND IMPLEMENTATION.
12 37-0515. INTERSTATE CHEMICAL CLEARINGHOUSE.
13 37-0517. REGULATIONS.
14 S 37-0501. DEFINITIONS.
15 AS USED IN THIS TITLE, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
16 FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16104-17-0
S. 7070--D 2
1 1. "CHILDREN'S APPAREL" MEANS ANY ITEM OF CLOTHING THAT CONSISTS OF
2 FABRIC OR RELATED MATERIAL INTENDED OR PROMOTED FOR USE IN CHILDREN'S
3 CLOTHING. CHILDREN'S APPAREL DOES NOT MEAN PROTECTIVE EQUIPMENT DESIGNED
4 TO PREVENT INJURY, INCLUDING, BUT NOT LIMITED TO, BICYCLE HELMETS,
5 ATHLETIC SUPPORTERS, KNEE PADS OR ELBOW PADS.
6 2. "CHEMICAL" MEANS A SUBSTANCE WITH A DISTINCT MOLECULAR COMPOSITION
7 OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE BREAKDOWN
8 PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH DECOMPOSITION,
9 DEGRADATION OR METABOLISM.
10 3. "CHEMICAL OF HIGH CONCERN" MEANS A CHEMICAL INCLUDED IN THE LIST OF
11 "CHEMICALS OF HIGH CONCERN" PUBLISHED IN JUNE 2009 PURSUANT TO CHAPTER
12 16-D OF TITLE 38 OF THE MAINE REVISED STATUTES ANNOTATED.
13 4. "CHILDREN" MEANS A PERSON OR PERSONS AGED TWELVE AND UNDER.
14 5. "CHILDREN'S PRODUCT" MEANS A PRODUCT PRIMARILY INTENDED FOR USE BY
15 CHILDREN, INCLUDING EXTERNAL COMPONENT PARTS AND PACKAGING, INCLUDING
16 BABY PRODUCTS, TOYS, CAR SEATS, PERSONAL CARE PRODUCTS, A PRODUCT
17 DESIGNED OR INTENDED BY THE MANUFACTURER TO HELP A CHILD WITH SUCKING OR
18 TEETHING, TO FACILITATE SLEEP, RELAXATION, OR THE FEEDING OF A CHILD,
19 JEWELRY, NOVELTY PRODUCTS, BEDDING, FURNITURE, FURNISHINGS, CHILDREN'S
20 APPAREL, AND THE HOUSING OF CONSUMER ELECTRONIC PRODUCTS. "CHILDREN'S
21 PRODUCT" DOES NOT INCLUDE (A) BATTERIES; OR (B) CONSUMER ELECTRONIC
22 PRODUCTS ENCLOSED WITHIN A SECURE HOUSING, INCLUDING BUT NOT LIMITED TO
23 PERSONAL COMPUTERS, AUDIO AND VIDEO EQUIPMENT, CALCULATORS, WIRELESS
24 PHONES, GAME CONSOLES, AND HANDHELD DEVICES INCORPORATING A VIDEO
25 SCREEN, USED TO ACCESS INTERACTIVE SOFTWARE AND THEIR ASSOCIATED PERIPH-
26 ERALS, EXCEPT FOR SAID SECURE HOUSING; OR (C) A FOOD OR BEVERAGE OR AN
27 ADDITIVE TO A FOOD OR BEVERAGE REGULATED BY THE UNITED STATES FOOD AND
28 DRUG ADMINISTRATION; OR (D) A TOBACCO PRODUCT OR PAPER OR FOREST PROD-
29 UCT; OR (E) A PESTICIDE REGULATED BY THE UNITED STATES ENVIRONMENTAL
30 PROTECTION AGENCY. CHILDREN'S PRODUCT ALSO DOES NOT INCLUDE A DRUG,
31 BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE UNITED STATES FOOD AND DRUG
32 ADMINISTRATION OR THE PACKAGING OF SUCH DRUG, BIOLOGIC OR MEDICAL DEVICE
33 IF SUCH PACKAGING IS REGULATED BY THE UNITED STATES FOOD AND DRUG ADMIN-
34 ISTRATION.
35 6. "DISTRIBUTOR" MEANS A PERSON WHO SELLS CHILDREN'S PRODUCTS TO
36 RETAIL ESTABLISHMENTS ON A WHOLESALE BASIS.
37 7. "INTENTIONALLY ADDED" MEANS THE DELIBERATE USE IN THE FORMULATION
38 OF A PRODUCT OR SUBPART WHERE ITS CONTINUED PRESENCE IS DESIRED IN THE
39 FINAL PRODUCT OR SUBPART TO PROVIDE A SPECIFIC CHARACTERISTIC, APPEAR-
40 ANCE OR QUALITY.
41 8. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A FINAL
42 CHILDREN'S PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE CHILDREN'S
43 PRODUCT. IN THE CASE OF A CHILDREN'S PRODUCT THAT WAS IMPORTED INTO THE
44 UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR FIRST DOMESTIC
45 DISTRIBUTOR OF THE CHILDREN'S PRODUCT IF THE PERSON WHO CURRENTLY MANU-
46 FACTURES OR ASSEMBLES THE CHILDREN'S PRODUCT OR WHOSE BRAND NAME IS
47 AFFIXED TO THE CHILDREN'S PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED
48 STATES.
49 9. "NOVELTY PRODUCT" MEANS A PRODUCT INTENDED MAINLY FOR PERSONAL OR
50 HOUSEHOLD ENJOYMENT OR ADORNMENT. NOVELTY PRODUCTS INCLUDE, BUT ARE NOT
51 LIMITED TO, ITEMS INTENDED FOR USE AS PRACTICAL JOKES, FIGURINES, ADORN-
52 MENTS, TOYS, GAMES, CARDS, ORNAMENTS, YARD STATUES AND FIGURES, CANDLES,
53 JEWELRY, HOLIDAY DECORATIONS, OR SIMILAR PRODUCTS.
54 10. "PRIORITY CHEMICAL" MEANS (A) THE FOLLOWING CHEMICALS:
55 CASRN115-96-8 TRIS (2-CHLOROETHYL) PHOSPHATE
56 CASRN71-43-2 BENZENE
S. 7070--D 3
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 CASRN7439-98-7 MOLYBDENUM AND MOLYBDENUM COMPOUNDS
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 CASRN7440-41-7 BERYLLIUM AND BERYLLIUM COMPOUNDS
10 CASRN7440-43-9 CADMIUM
11 CASRN7440-48-4 COBALT AND COBALT COMPOUNDS AND
12 (B) A CHEMICAL ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION 37-0505
13 OF THIS TITLE.
14 11. "TOY" MEANS A PRODUCT DESIGNED OR INTENDED BY THE MANUFACTURER TO
15 BE USED BY A CHILD AT PLAY.
16 S 37-0503. CHEMICALS OF HIGH CONCERN.
17 1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
18 DATE OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
19 BLE TO THE PUBLIC IS ESTABLISHED WHICH LISTS ALL CHEMICALS OF HIGH
20 CONCERN.
21 2. PERIODIC REVIEW. (A) WITH RESOURCES MADE AVAILABLE THEREFOR, THE
22 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY PERIOD-
23 ICALLY REVIEW THE LIST OF CHEMICALS OF HIGH CONCERN AND, THROUGH REGU-
24 LATION, IDENTIFY ADDITIONAL CHEMICALS OF HIGH CONCERN, OR REMOVE A CHEM-
25 ICAL FROM THE LIST OF CHEMICALS OF HIGH CONCERN BASED ON EVIDENCE THAT
26 THE CHEMICAL DOES NOT MEET THE CRITERIA OF THIS SUBDIVISION, INCLUDING,
27 BUT NOT LIMITED TO, PESTICIDES AND CONTROLLED SUBSTANCES. IN THE EVENT
28 THAT A NEW DETERMINATION IS MADE BY A STATE, FEDERAL OR INTERNATIONAL
29 GOVERNMENTAL ENTITY THAT A CHEMICAL MEETS THE HIGH CONCERN CRITERIA,
30 NOTHING HEREIN SHALL PREVENT THE DEPARTMENT FROM ACTING TO ADD SUCH
31 CHEMICALS OUTSIDE OF THE PERIODIC REVIEW PROCESS.
32 (B) THE DEPARTMENT SHALL, UPON THIS REVIEW, IDENTIFY A CHEMICAL AS A
33 CHEMICAL OF HIGH CONCERN IF IT DETERMINES THAT THE CHEMICAL HAS BEEN
34 IDENTIFIED BY A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY ON
35 THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS:
36 (I) A CARCINOGEN, A REPRODUCTIVE OR DEVELOPMENTAL TOXICANT OR AN
37 ENDOCRINE DISRUPTOR;
38 (II) PERSISTENT, BIOACCUMULATIVE AND TOXIC; OR
39 (III) VERY PERSISTENT AND VERY BIOACCUMULATIVE.
40 (C) IN MAKING SUCH DETERMINATION, THE DEPARTMENT MAY CONSIDER BUT IS
41 NOT LIMITED TO CONSIDERING:
42 (I) CHEMICALS IDENTIFIED AS "GROUP 1 CARCINOGENS" OR "GROUP 2A CARCI-
43 NOGENS" BY THE WORLD HEALTH ORGANIZATION, INTERNATIONAL AGENCY FOR
44 RESEARCH ON CANCER;
45 (II) CHEMICALS IDENTIFIED AS "KNOWN TO BE A HUMAN CARCINOGEN" AND
46 "REASONABLY ANTICIPATED TO BE A HUMAN CARCINOGEN" BY THE SECRETARY OF
47 THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO
48 THE PUBLIC HEALTH SERVICE ACT, 42 UNITED STATES CODE, SECTION 241(B)(4),
49 AS AMENDED;
50 (III) CHEMICALS IDENTIFIED AS "GROUP A CARCINOGENS" OR "GROUP B CARCI-
51 NOGENS" BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
52 (IV) CHEMICALS IDENTIFIED AS REPRODUCTIVE OR DEVELOPMENTAL TOXICANTS
53 BY:
54 (A) THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
55 NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE EVALUATION OF RISKS TO HUMAN
56 REPRODUCTION; AND
S. 7070--D 4
1 (B) THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF ENVIRON-
2 MENTAL HEALTH HAZARD ASSESSMENT PURSUANT TO THE CALIFORNIA HEALTH AND
3 SAFETY CODE, SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986,
4 CHAPTER 6.6, SECTION 25249.8;
5 (V) CHEMICALS IDENTIFIED AS A CHEMICAL OF HIGH CONCERN FOR CHILDREN OR
6 A HIGH PRIORITY CHEMICAL OF HIGH CONCERN FOR CHILDREN BY THE STATE OF
7 WASHINGTON DEPARTMENT OF ECOLOGY, PURSUANT TO CHAPTER 70.240 OF THE
8 REVISED CODE OF WASHINGTON;
9 (VI) CHEMICALS OF HIGH CONCERN AS SUCH CHEMICALS ARE IDENTIFIED BY THE
10 STATE OF MAINE'S DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND APPEARING
11 ON SUCH DEPARTMENT'S LIST OF CHEMICALS OF HIGH CONCERN;
12 (VII) CHEMICALS IDENTIFIED AS KNOWN OR LIKELY ENDOCRINE DISRUPTORS
13 THROUGH SCREENING OR TESTING CONDUCTED IN ACCORDANCE WITH PROTOCOLS
14 DEVELOPED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT
15 TO THE UNITED STATES FOOD, DRUG AND COSMETIC ACT, 21 UNITED STATES CODE,
16 346A(P), AS AMENDED BY THE FEDERAL FOOD QUALITY PROTECTION ACT (PUBLIC
17 LAW 104-170) OR THE FEDERAL SAFE DRINKING WATER ACT, 42 UNITED STATES
18 CODE, SECTION 300J-17;
19 (VIII) CHEMICALS LISTED ON THE BASIS OF ENDOCRINE-DISRUPTING PROPER-
20 TIES IN ANNEX XIV, LIST OF SUBSTANCES SUBJECT TO AUTHORISATION, REGU-
21 LATION (EC) NO 1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE
22 REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS;
23 (IX) PERSISTENT, BIOACCUMULATIVE AND TOXIC CHEMICALS IDENTIFIED BY
24 OTHER STATES OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
25 (X) A VERY PERSISTENT, VERY BIOACCUMULATIVE CHEMICAL LISTED IN ANNEX
26 XIV, LIST OF SUBSTANCES SUBJECT TO AUTHORISATION, REGULATION (EC) NO
27 1907/2006 OF THE EUROPEAN PARLIAMENT CONCERNING THE REGISTRATION, EVALU-
28 ATION, AUTHORIZATION AND RESTRICTION OF CHEMICALS; AND
29 (XI) A PERSISTENT BIOACCUMULATIVE TOXIC CHEMICAL AS DEFINED IN CHAPTER
30 173-333 OF THE STATE OF WASHINGTON ADMINISTRATIVE CODE.
31 S 37-0505. PRIORITY CHEMICALS.
32 1. PUBLISHING OF LIST. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
33 DATE OF THIS TITLE, THE DEPARTMENT SHALL ENSURE THAT A WEBSITE ACCESSI-
34 BLE TO THE PUBLIC IS ESTABLISHED WHICH LISTS ALL PRIORITY CHEMICALS.
35 2. PERIODIC REVIEW. (A) WITH RESOURCES MADE AVAILABLE THEREFOR, THE
36 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY PERIOD-
37 ICALLY REVIEW THE LIST OF PRIORITY CHEMICALS AND, THROUGH REGULATION,
38 IDENTIFY ADDITIONAL PRIORITY CHEMICALS OR REMOVE A CHEMICAL FROM THE
39 LIST OF PRIORITY CHEMICALS BASED ON EVIDENCE THAT THE CHEMICAL IS NOT
40 PRESENT IN A CHILDREN'S PRODUCT OR OTHERWISE SHOULD NOT BE SUBJECT TO
41 THE REQUIREMENTS OF THIS TITLE. IN THE EVENT THAT A NEW DETERMINATION
42 IS MADE BY A STATE, FEDERAL OR INTERNATIONAL GOVERNMENTAL ENTITY THAT A
43 CHEMICAL MEETS THE PRIORITY CHEMICAL CRITERIA, NOTHING HEREIN SHALL
44 PREVENT THE DEPARTMENT FROM ACTING TO ADD SUCH CHEMICALS OUTSIDE OF THE
45 PERIODIC REVIEW PROCESS.
46 (B) THE DEPARTMENT MAY IDENTIFY A CHEMICAL AS A PRIORITY CHEMICAL IF,
47 UPON SUCH REVIEW, IT DETERMINES THAT A CHEMICAL OF HIGH CONCERN MEETS
48 ANY OF THE FOLLOWING CRITERIA:
49 (I) THE CHEMICAL OR ITS METABOLITES HAVE BEEN FOUND THROUGH BIOMONI-
50 TORING TO BE PRESENT IN HUMANS, INCLUDING HUMAN BLOOD, UMBILICAL CORD
51 BLOOD, BREAST MILK, URINE OR OTHER BODILY TISSUES OR FLUIDS;
52 (II) THE CHEMICAL HAS BEEN FOUND THROUGH SAMPLING AND ANALYSIS TO BE
53 PRESENT IN HOUSEHOLD DUST, INDOOR AIR, DRINKING WATER OR ELSEWHERE IN
54 THE HOME ENVIRONMENT;
55 (III) THE CHEMICAL HAS BEEN FOUND THROUGH MONITORING TO BE PRESENT IN
56 FISH, WILDLIFE OR THE NATURAL ENVIRONMENT;
S. 7070--D 5
1 (IV) THE CHEMICAL IS PRESENT IN A CHILDREN'S PRODUCT USED OR PRESENT
2 IN THE HOME, SCHOOL, OR CHILDCARE CENTER;
3 (V) THE CHEMICAL HAS BEEN IDENTIFIED AS A HIGH PRODUCTION VOLUME CHEM-
4 ICAL BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; OR
5 (VI) THE SALE OR USE OF THE CHEMICAL OR A PRODUCT CONTAINING THE CHEM-
6 ICAL HAS BEEN BANNED IN ANOTHER STATE OR STATES WITHIN THE UNITED STATES
7 BECAUSE OF THE HEALTH EFFECTS OF SUCH CHEMICAL.
8 (C) IF A CHEMICAL IS REMOVED FROM THE LISTING OF CHEMICALS OF HIGH
9 CONCERN, IT SHALL ALSO BE UNDESIGNATED AS A PRIORITY CHEMICAL.
10 S 37-0507. DISCLOSURE OF INFORMATION ON PRIORITY CHEMICALS.
11 1. REPORTING OF CHEMICAL USE. NO LATER THAN TWELVE MONTHS AFTER A
12 PRIORITY CHEMICAL IS LISTED ON THE LIST PUBLISHED PURSUANT TO SECTION
13 37-0505 OF THIS TITLE, EVERY MANUFACTURER WHO OFFERS A CHILDREN'S PROD-
14 UCT FOR SALE OR DISTRIBUTION IN THIS STATE THAT CONTAINS AN INTEN-
15 TIONALLY ADDED PRIORITY CHEMICAL SHALL NOTIFY THE DEPARTMENT IN A FORM
16 PRESCRIBED BY THE DEPARTMENT, DEVELOPED IN COLLABORATION WITH OTHER
17 STATES AND AN INTERSTATE CHEMICALS CLEARINGHOUSE AS PROVIDED IN SECTION
18 37-0515 OF THIS TITLE.
19 (A) THIS NOTICE MUST AT A MINIMUM IDENTIFY THE CHILDREN'S PRODUCT, THE
20 PRIORITY CHEMICAL OR CHEMICALS CONTAINED IN THE CHILDREN'S PRODUCT, AND
21 THE INTENDED PURPOSE OF THE CHEMICALS IN THE CHILDREN'S PRODUCT. ALL
22 INFORMATION SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO
23 DISCLOSURE TO THE PUBLIC. CONSISTENT WITH NOTIFICATION REQUIRED BY
24 OTHER STATES, THE DEPARTMENT MAY ALSO REQUIRE REPORTING OF THE FOLLOWING
25 INFORMATION:
26 (I) THE POTENTIAL FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT FROM
27 SPECIFIC USES OF THE PRIORITY CHEMICAL;
28 (II) THE AMOUNT OF SUCH CHEMICAL IN EACH UNIT OF THE CHILDREN'S PROD-
29 UCT, EXPRESSED IN A RANGE;
30 (III) INFORMATION ON THE LIKELIHOOD THAT THE CHEMICAL WILL BE RELEASED
31 FROM THE CHILDREN'S PRODUCT TO THE ENVIRONMENT DURING THE PRODUCT'S LIFE
32 CYCLE AND THE EXTENT TO WHICH USERS OF THE PRODUCT ARE LIKELY TO BE
33 EXPOSED TO THE CHEMICAL;
34 (IV) INFORMATION ON THE EXTENT TO WHICH THE CHEMICAL IS PRESENT IN THE
35 ENVIRONMENT OR HUMAN BODY.
36 (B) IN LIEU OF PROVIDING THIS NOTICE TO THE DEPARTMENT, THE DEPARTMENT
37 IS AUTHORIZED TO DIRECT SUBMISSION OF SUCH NOTICE TO THE INTERSTATE
38 CHEMICALS CLEARINGHOUSE PURSUANT TO SECTION 37-0515 OF THIS TITLE.
39 2. ASSESSMENT OF ALTERNATIVE CHEMICALS. IN ADDITION, CONSISTENT WITH
40 OTHER STATES, THE DEPARTMENT MAY REQUIRE THAT THE MANUFACTURER PROVIDE
41 AN ASSESSMENT OF THE AVAILABILITY, COST, FEASIBILITY AND PERFORMANCE,
42 INCLUDING POTENTIAL FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT, OF
43 ALTERNATIVES TO THE PRIORITY CHEMICAL AND THE REASON THE PRIORITY CHEMI-
44 CAL IS USED IN THE MANUFACTURER OF THE CHILDREN'S PRODUCT IN LIEU OF
45 IDENTIFIED ALTERNATIVES. THE DEPARTMENT SHALL HOLD CONFIDENTIAL ANY
46 INFORMATION DISCLOSED PURSUANT TO THIS SUBDIVISION CONCERNING THE CHEMI-
47 CAL OR CONSUMER PRODUCT THAT IF MADE PUBLIC, WOULD DIVULGE CONFIDENTIAL
48 BUSINESS INFORMATION, METHODS OR PROCESSES ENTITLED TO PROTECTION AS
49 TRADE SECRETS, EXCEPT THAT SUCH INFORMATION MAY BE DISCLOSED TO ANY
50 OFFICERS, EMPLOYEES OR AUTHORIZED REPRESENTATIVES OF THE STATE CONCERNED
51 WITH CARRYING OUT THE PROVISIONS OF THIS TITLE.
52 3. WAIVER OF REPORTING. UPON APPLICATION BY A MANUFACTURER, THE
53 COMMISSIONER MAY WAIVE ALL OR PART OF THE NOTIFICATION REQUIREMENT UNDER
54 SUBDIVISION ONE OF THIS SECTION FOR ONE OR MORE SPECIFIED USES OF A
55 PRIORITY CHEMICAL. IN MAKING SUCH DETERMINATION, THE COMMISSIONER MAY
S. 7070--D 6
1 CONSIDER: (A) SIMILAR WAIVERS GRANTED BY OTHER STATES, AND (B) WHETHER
2 THE SPECIFIED USE OR USES ARE MINOR IN VOLUME.
3 4. NOTICE TO RETAILERS. A MANUFACTURER OR DISTRIBUTOR OF A CHILDREN'S
4 PRODUCT CONTAINING A PRIORITY CHEMICAL SHALL NOTIFY PERSONS THAT OFFER
5 THE CHILDREN'S' PRODUCT FOR SALE OR DISTRIBUTION IN THE STATE OF THE
6 PRESENCE OF SUCH PRIORITY CHEMICAL, AND PROVIDE SUCH PERSONS WITH INFOR-
7 MATION REGARDING THE TOXICITY OF SUCH CHEMICAL.
8 5. FEES. THE MANUFACTURER OR DISTRIBUTOR SHALL PAY A FEE UPON
9 SUBMISSION OF A REPORT OF CHEMICAL USE OR A WAIVER REQUEST TO COVER THE
10 DEPARTMENT'S REASONABLE COSTS IN MANAGING THE INFORMATION COLLECTED OR
11 IN MAKING A WAIVER DETERMINATION, IN THE AMOUNT OF SIX HUNDRED DOLLARS
12 PER CHEMICAL.
13 S 37-0509. SALES PROHIBITION.
14 UPON TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, NO PERSON SHALL
15 DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE AN ITEM OF CHILDREN'S
16 APPAREL OR A CHILDREN'S NOVELTY PRODUCT CONTAINING A PRIORITY CHEMICAL.
17 THIS PROVISION SHALL NOT APPLY TO AN ITEM OF CHILDREN'S APPAREL OR CHIL-
18 DREN'S NOVELTY SOLELY BASED ON ITS CONTAINING AN ENCLOSED BATTERY OR
19 ENCLOSED ELECTRONIC COMPONENTS.
20 S 37-0511. APPLICABILITY.
21 1. NEW CHILDREN'S PRODUCTS. THE PROVISIONS OF THIS TITLE SHALL APPLY
22 TO CHEMICALS IN CHILDREN'S PRODUCTS SOLD OR DISTRIBUTED AS NEW AND DOES
23 NOT APPLY TO USED CHILDREN'S PRODUCTS THAT ARE SOLD OR DISTRIBUTED FOR
24 FREE AT SECONDHAND STORES, YARD SALES, ON THE INTERNET OR DONATED TO
25 CHARITIES.
26 2. INDUSTRY. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO PRIORI-
27 TY CHEMICALS USED IN OR FOR INDUSTRY OR MANUFACTURING, INCLUDING CHEMI-
28 CALS PROCESSED OR OTHERWISE USED IN OR FOR INDUSTRIAL OR MANUFACTURING
29 PROCESSES AND NOT INCLUDED IN THE FINAL PRODUCT.
30 3. TRANSPORTATION. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO
31 MOTOR VEHICLES OR THEIR COMPONENT PARTS, WATERCRAFT OR THEIR COMPONENT
32 PARTS, ALL TERRAIN VEHICLES OR THEIR COMPONENT PARTS, OR OFF-HIGHWAY
33 MOTORCYCLES OR THEIR COMPONENT PARTS, EXCEPT THAT THE USE OF PRIORITY
34 CHEMICALS IN DETACHABLE CAR SEATS IS NOT EXEMPT.
35 4. COMBUSTION. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO
36 PRIORITY CHEMICALS GENERATED SOLELY AS COMBUSTION BY-PRODUCTS OR THAT
37 ARE PRESENT IN COMBUSTIBLE FUELS.
38 5. RETAILERS. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE
39 UNLESS THAT RETAILER KNOWINGLY SELLS A CHILDREN'S PRODUCT CONTAINING A
40 PRIORITY CHEMICAL AFTER THE EFFECTIVE DATE OF ITS PROHIBITION FOR WHICH
41 THAT RETAILER HAS RECEIVED PRIOR NOTIFICATION FROM A MANUFACTURER,
42 DISTRIBUTOR OR THE STATE.
43 S 37-0513. ENFORCEMENT AND IMPLEMENTATION.
44 1. FAILURE TO PROVIDE NOTICE. A CHILDREN'S PRODUCT CONTAINING A PRIOR-
45 ITY CHEMICAL MAY NOT BE SOLD, OFFERED FOR SALE OR DISTRIBUTED FOR SALE
46 IN THIS STATE IF THE MANUFACTURER OR DISTRIBUTOR HAS FAILED TO PROVIDE
47 THE NOTIFICATION REQUIRED UNDER SECTION 37-0507 OF THIS TITLE BY THE
48 DATE REQUIRED IN SUCH SECTION. THE COMMISSIONER MAY EXEMPT A CHILDREN'S
49 PRODUCT FROM THIS PROHIBITION IF, IN THE COMMISSIONER'S JUDGMENT, THE
50 LACK OF AVAILABILITY OF THE CHILDREN'S PRODUCT COULD POSE AN UNREASON-
51 ABLE RISK TO PUBLIC HEALTH, SAFETY OR WELFARE.
52 2. CERTIFICATE OF COMPLIANCE. IF THERE ARE GROUNDS TO SUSPECT THAT A
53 CHILDREN'S PRODUCT IS BEING OFFERED FOR SALE IN VIOLATION OF THIS TITLE,
54 THE DEPARTMENT MAY REQUEST THE MANUFACTURER OR DISTRIBUTOR OF THE CHIL-
55 DREN'S PRODUCT TO PROVIDE A CERTIFICATE OF COMPLIANCE WITH THE
S. 7070--D 7
1 PROVISIONS OF THIS TITLE, WITHIN TEN DAYS OF RECEIPT OF A REQUEST FROM
2 THE DEPARTMENT. THE CERTIFICATE OF COMPLIANCE SHALL:
3 (A) ATTEST THAT THE CHILDREN'S PRODUCT DOES NOT CONTAIN THE PRIORITY
4 CHEMICAL; OR
5 (B) ATTEST AND PROVIDE THE DEPARTMENT WITH DOCUMENTATION THAT NOTIFI-
6 CATION OF THE PRESENCE OF THE PRIORITY CHEMICAL HAS BEEN PROVIDED TO THE
7 DEPARTMENT OR PROVIDE NOTICE AS REQUIRED BY SECTION 37-0507 OF THIS
8 TITLE; OR
9 (C) ATTEST THAT THE MANUFACTURER HAS NOTIFIED PERSONS WHO SELL THE
10 PRODUCT IN THIS STATE THAT THE SALE OF THE CHILDREN'S PRODUCT IS PROHIB-
11 ITED.
12 S 37-0515. INTERSTATE CHEMICAL CLEARINGHOUSE.
13 1. THE DEPARTMENT IS AUTHORIZED TO PARTICIPATE IN AN INTERSTATE CHEMI-
14 CALS CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE REQUIREMENTS OF THIS
15 TITLE. THE DEPARTMENT SHALL WORK IN COLLABORATION WITH OTHER STATES AND
16 AN INTERSTATE CHEMICALS CLEARINGHOUSE FOR THE PURPOSE OF, INCLUDING BUT
17 NOT LIMITED TO:
18 (A) COLLECTION AND DISSEMINATION OF INFORMATION REGARDING CHEMICAL
19 HAZARDS;
20 (B) COLLECTION AND DISSEMINATION OF INFORMATION REGARDING THE USE OF
21 CHEMICALS IN CHILDREN'S PRODUCTS;
22 (C) ASSESSMENT OF ALTERNATIVES TO CHEMICALS AND THEIR USE IN PRODUCTS;
23 AND
24 (D) PUBLIC EDUCATION.
25 2. SUCH CLEARINGHOUSE IS AUTHORIZED TO MAINTAIN INFORMATION ON BEHALF
26 OF THE STATE OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, INFORMATION
27 REGARDING CHEMICALS CONTAINED IN CHILDREN'S PRODUCTS DISCLOSED PURSUANT
28 TO SECTION 37-0507 OF THIS TITLE.
29 S 37-0517. REGULATIONS.
30 THE DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
31 TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
32 S 2. This act shall take effect on the one hundred twentieth day after
33 it shall have become a law.
