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Sponsors
1 Co-sponsor
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2764
Title of bill
An act to amend the environmental conservation law, in relation to regulation of toys, and food and beverage containers containing bisphenol A
Purpose
The bill would prohibit the manufacture, distribution and sale of toys, food and beverage containers containing bisphenol-A intended for children three years of age or younger.
Summary of provisions
The bill amends Article 37 of the Environmental Conservation Law to add toys and food and beverage containers to the current prohibition for the manufacture, distribution, sale or offer for sale of any child care product containing BPA. One year waivers from the ban in food and beverage containers are allowed by DEC if there are no available substitutes for BPA. BPA in toys would be banned after December 1, 2015 and in food and beverage containers by December 1, 2016.
The bill also prohibits manufacturers from replacing BPA with another chemical compound that is a known human carcinogen, a developmental toxin, an endocrine disruptor or a reproductive toxin; and requires them to use the least toxic alternative for BPA. DEC is required to provide information on least toxic alternatives that meet the above criteria. These provisions also apply to the original law regulating child care products.
Justification
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. BPA has been linked to breast and prostate cancer, early-onset puberty and polycystic ovary syndrome. These plastics are used in toys as well as many food and drink packaging applications. This chemical has been shown to be present in most of the population. The age of three reflects the type of products that are used by infants and very young children. This bill will significantly reduce the risk posed to children by this chemical.
Maryland passed a 2010 law that prohibits the manufacture, sale and distribution of any child's toy or child care product containing BPA, requires the least toxic alternative, and prohibits replacement to BPA that is a known human carcinogen, a developmental toxin, an endocrine disruptor or a reproductive toxin. Vermont enacted a 2010 law that includes a prohibition for BPA in infant formula or baby food containers. In addition to New York seven states (California, Connecticut, Maryland, Minnesota, Washington State and Wisconsin) as well as Schenectady, Albany, Rockland and Suffolk Counties in New York have already passed laws prohibiting BPA in plastic food containers for infants. The EPA is considering whether to restrict BPA in canned food and other containers, including infant formula containers.
Prior legislative history
S.3533-A of 2013-14 (O'Brien): Died in Environmental Conservation.
Fiscal impact
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.