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History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
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Prohibits the manufacture, distribution and sale of toys and child care products containing bisphenol-A or phthalates
In Assembly Committee · Consumer Affairs And Protection · Sponsor David Koon
Full text
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Sponsor's memo
Title of bill
An act to amend the general business law, in relation to prohibiting the manufacture, distribution and sale of toys and child care products, containing bisphenol-A or phthalates, which are intended for use by or upon a child under the age of fourteen years
Purpose
The bill would prohibit the manufacture, distribution and sale of certain toys and child care products containing bisphenol-A or phthalates which are intended for use by or upon a child.
Summary of provisions
Section 1: The general business law is amended by adding a new section 397-b to prohibit the manufacture, distribution, sale or offer for sale of any toy or child care product containing bisphenol-A and/or phthalates intended for use by a child under fourteen.
Defines "phthalates", for the purposes of this section as: di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).
Prohibits the sale of a toy or child care product containing any individual phthalate or multiple phthalates in concentrations in excess of 0.1 percent.
Prohibits the sale of a product intended for use by a child under fourteen, when such toy or product may be placed in the child's mouth containing any individual phthalate or multiple phthalates in concentrations in excess of 0.1 percent.
Requires manufacturers of such products or toys to use the least toxic alternative to bisphenol-A or phthalates in the product. Such alternatives shall not be: (i) Class A, B or C carcinogens as rated by the U.S. Environmental Protection Agency (EPA); or (ii) Substances listed as known or likely carcinogens; or substances known, likely to be or suggestive of being human carcinogens; or (iii) Reproductive toxicants that cause birth defects reproductive harm or developmental harm.
Contains civil penalty of $10,000 a day for violation of the bill's provisions.
Section 2: Establishes an effective date.
Justification
Phthalates are a family of chemicals used in many children's plastic products to improve flexibility. Children are exposed to phthalates through everyday contact with these products as well as through contact with indoor air and dust. Phthalates are used to plasticize food containers, toys, and shampoos These chemicals have been shown to have hormone disrupting properties and have been linked to premature birth, reproductive defects and early onset puberty.
Bisphenol-A is an estrogen-mimicking endocrine disrupter chemical used in the production of epoxy resigns and polycarbonate plastics and is the main ingredient in hard polycarbonate plastics. These plastics are used in many food and drink packaging applications. Bisphenol-A has been shown to be a hormone disrupter and is used in many products used by young children, including toys, pacifiers, baby bottles and teethers.
This bill will significantly reduce the risk posed to young children by these chemicals.
Prior legislative history
2008 - Consumer Protection
Fiscal implications
None.
Effective date
This act would take effect January first, next succeeding the date on which it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.