Relates to regulation of toxic chemicals in children's products

Purpose or general idea of bill

The purpose of this bill is to provide greater regulation of children's products.

Summary of specific provisions

Section 1 of Article 37 of the environmental conservation law is amended by adding a new title 9, relating to toxic chemicals in children's products.

Section 37-0901. Definitions.

"Children's Products" means a product primarily intended for, made for or marketed for use by children, such as baby products, toys, car seats, personal care products, a product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, and children's bedding, furniture, furnishing, and apparel.

"Intentionally added" means the deliberate use in the formulation of a product or subpart where its continued presence is desired in the final product or subpart to provide a specific characteristic, appearance or quality.

"Product category" means the "brick" level of the GS1 global product classifications (GPC) standard, which identifies products that serve a common purpose, are of a similar form and material, and share the same set of category attributes.

Section 37-0903. Priority chemicals and chemicals of high concern.

1. Requires the department to post lists of priority chemicals and chemicals of high concern on the department's website within 180 days of the effective date. 2, Periodic review.(a) The department, in consultation with the department of health, may periodically review the list of priority chemicals and, through regulation, add or remove priority chemicals or chemicals of high concern from such lists. Such review will not take place more frequently than every three years, and not more than ten chemicals may be added per review period. (b) Limits DEC authority to deem a chemical a priority only if it is both present in a children's product and meets any of the other criteria. (c) If a chemical is removed from the listing of chemicals of high concern, it shall also be undesignated as a priority chemical. (d) The department, in consultation with the department of health, shall identify a chemical as a chemical of high concern if, upon review, it determines that the chemical has been identified by a state, federal or international governmental entity as a carcinogen, reproductive or developmental toxicant or endocrine disruptor; persistent, bioaccumulative and toxic; very persistent and very bioaccumulative, on the basis of credible scientific evidence.

Section 37-0905. Disclosure of information on priority chemicals. 1. Reporting of chemical use. No later than twelve months after a priority chemical appears on the list published pursuant to section 37-0903 of this title, every manufacturer who offers a children's product for sale or distribution in this state that contains an intentionally added priority chemical shall report such chemical use to the department. The department may collaborate with other states and an interstate chemicals clearinghouse in developing such form. 2. Lists conditions for waiver of reporting. 3. Notice to retailers. Requires manufacturers to give notice to retailers that offer the children's product for sale or distribution in the state. 4. Fees. The manufacturer shall pay a fee upon submission of a report of chemical use pursuant to subdivision one of this section or a waiver request pursuant to subdivision two of this section to cover the department's reasonable costs in the amount of three hundred dollars per reported product category.

37-0907. Sales prohibition. Effective January 1, 2018, no person shall distribute, sell or offer for sale in this state a children's product containing tris (1, 3 dichloro-2-propyl) phosphate, benzene, lead and compounds (inorganic), mercury and mercury compounds including methyl mercury, antimony and antimony compounds, arsenic and arsenic compounds including arsenic trioxide and dimethyl arsenic, cadmium, and cobalt and cobalt compounds. This provision shall not apply to a children's product solely based on its containing an enclosed battery or enclosed electronic components. The commissioner may exempt a children's product from this prohibition if, in the commissioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare. Legislature retains sole authority to restrict priority chemicals in the future.

37-0909. Applicability.

1. Applies regulations to used children's products that are sold or distributed as new and does not apply to used children's products that are sold or distributed for free at secondhand stores, yard sales, on the internet or donated to charities. 2. Industry. Regulations shall not apply to priority chemicals used in or for industry or manufacturing, including chemicals processed or otherwise used in or for industrial or manufacturing processes and not included in the final product. 3. Regulations shall not apply to motor vehicle or their component parts (except car seats), watercraft, all terrain vehicles, or off highway motorcycles. 4. Regulations shall not apply to priority chemicals generated solely as combustion byproducts or that are present in combustible fuels. 5. Exemptions for manufacturing businesses that employ five or fewer employees, are resident in the state, independently owned and operated, and not dominant in their field. 6. Retailers. A retailer is exempt from this title unless that retailer knowingly sells a children's product containing a priority chemical after the effective date of its prohibition for which that retailer has received notification.

37-0911. Enforcement and implementation.

1. A children's product containing a priority chemical may not be sold, offered for sale or distributed for sale in this state unless

the manufacturer has provided the notification required under section 37-0905. 2. The department may request the manufacturer of the children's product to provide a statement of compliance on a form provided by the department, within 10 days of receipt of the request from the department.

37-0913. Interstate chemical clearinghouse.

1. The department is authorized to participate in an interstate chemical clearinghouse and shall work in collaboration with other states.

37-0915. Regulations. The department may adopt any rules and regulations it deems necessary to implement the provisions of this title.

Section 2. Effective Date - 120 days after it shall have become a law.

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, and equally-toxic, less well-regulated chemicals can be chosen as replacements. Several other states, including Washington, California, Vermont 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

A. 6328 of 2014 - Passed Assembly A. 6328 of 2013 - Passed Assembly A. 3141-A of 2012 - Passed Assembly A.10089-B of 2010 - Reported to Ways and Means

Fiscal implications for state and local governments

Minimal implications to the state as the interstate chemical clearing house is already state funded, and the small fee covers implementation costs.

Effective date

This act shall take effect on the 120th day after it shall have become a law.