Relates to regulation of toxic chemicals in children's products

Summary of specific provisions

This bill would: * define children's apparel * define chemical * define chemical of high concern * define children * define children's product * define distributor * define manufacturer * define novelty product * define priority chemical * define toy

* requires the Department of Environmental Conservation to establish a website within one hundred and eighty days of the effective date of this title, that is accessible to the public which lists all chemicals of high concern and all priority chemicals;

* allows the Department of Environmental Conservation, in consultation with the Department of Health to periodically review the list of chemicals of high concern and identify or remove priority chemicals or chemicals of high concern or based on credible scientific evidence;

*permit designation of a priority chemical if:

o found to be present in humans o found to be present in household dust, indoor air, or drinking water o found to be present in fish, wildlife or the natural environment; o found to be present in a consumer product or present in the home, school or children's day care center o banned for sale in another state

* require every manufacturer that offers a children's product for sale in this state that contains an intentionally added priority chemical, to report to the department, in a form prescribed by the department, the following information:

o the identification of the product o the name of the priority chemical o the intended purpose of the chemicals

* authorize DEC to waive all or part of the reporting requirement for one or more specified uses of a priority chemical;

* require a manufacturer or distributor of a children's product containing a priority chemical to notify persons that offer the children's product for sale or distribution in the state, of the presence of such priority chemical, and provide such persons with information regarding the toxicity of such chemical;

* require the manufacturer or distributor to pay a fee upon submitting the report of chemical use or waiver request in the amount of six hundred dollars per chemical;

* prohibit the sale, effective January 1, 2016, of a children's product containing a priority chemical;

* specify that the provisions of this act shall apply only to new products;

o exempt the following uses: o in or for manufacturing; o motor vehicles, watercrafts, combustion by-products, all terrain vehicles or their component parts, or off-highway motorcycles or their components; o priority chemicals generated solely as combustion by-products or that are present in combustible fuels; o retailers who do not knowingly sell a prohibited children's product;

* prohibit the sale or distribution of a children's product if the manufacturer or distributor has failed to provide the required information; and,

* authorize DEC to participate in an interstate chemical clearing house to assist in carrying out this title

Justification

Currently, New York identifies or prohibits the use of dangerous chemicals on a chemical by chemical basis. This approach is especially problematic for children's products since children are often more vulnerable to smaller amounts of chemicals. Several other states, including Washington, California, and Maine have adopted more comprehensive chemical policies, This. legislation is modeled after those states and is intended to prevent the use of dangerous chemicals and ensure the use of safer chemical alternatives in children's products.

Prior legislative history

03/10/10 (S.7070) REFERRED TO ENVIRONMENTAL CONSERVATION 05/03/10 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED 05/18/10 REPORTED AND COMMITTED TO CODES 06/15/10 COMMITTEE DISCHARGED AND COMMITTED TO RULES 01/10/11 (S.1526) REFERRED TO ENVIRONMENTAL CONSERVATION 12/30/11 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION 01/04/12 REFERRED TO ENVIRONMENTAL CONSERVATION

Fiscal implications for state and local governments

Minimal implications to the state since the state already funds the Interstate Chemical Clearinghouse. Will save counties in the state money that would normally be expended on hospitalization costs of

children who may potentially suffer from negative health effects caused by unsafe children's products.

Effective date

This act shall take effect on the 120th day.