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Sponsors
Senator · Senate District 4
History
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protects consumers from toxic chemicals in children's products
In Assembly Committee · Consumer Affairs And Protection · Sponsor Steven Englebright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to protecting consumers from toxic chemicals found in children's products
Purpose or general idea of bill
The Parents' Right To Know Act protects consumers from toxic chemicals found in children's products by requiring disclosure of chemicals of high concern to children.
Summary of specific provisions
Section 1.
Read the full memo (607 words)
Section 495-a. Legislative declaration.
495-b. Definitions. Lists chemicals of high concern to children.
495-c. Requires the publishing of a list of chemicals of high concern to children. Requires a periodic review of this list.
495-d. Disclosure of information. Reporting of chemical occurrence. Every manufacturer who offers for sale or distribution in this state a children's product shall report to the department of state if a chemical of high concern to children is intentionally added to a children's product component at a level above the practical quantification limit (PQL), or present in a children's product component produced by the manufacturer as a contaminant at a concentration above one hundred parts per million.
495-e. Applicability. The provisions of this article shall apply to chemicals in children's products sold or distributed as new, and shall not apply to used children's products distributed for free, at secondhand stores, yard sales, on the internet or donated to charities.
495-f. Enforcement and implementation. If the department of state suspects that a children's product is being offered or sold in violation of this article, they may request from the manufacturer a statement of compliance attesting that the product does not contain the chemical of high concern to children, attesting with documentation that notification was provided, or attest that the manufacturer has notified retailers of the presence of a chemical of high concern to children. The secretary of state may issue an order directing the cessation of the sale or distribution by manufacturers, distributors, or retailers if in violation of this article.
495-g. Regulations. The departments of state and health may adopt such rules and regulations, as well as informal guidance consistent with other states, deemed necessary to implement the provisions of this article. Section 2. Severability clause.
Justification
Currently, there is no way for a parent to know if they are purchasing a product for their child which contains carcinogens or toxic chemicals. Parents have a right to know if there are harmful substances in the products they purchase for their children.
The Parents' Right To Know Act gives parents the necessary tools to choose safe and healthy products for their children. Current testing has proven that there are known carcinogens and toxic chemicals in children's products, but there is no way for a parent to know which products contain substances that might put their children at risk. The Parents' Right To Know Act raises awareness of toxic chemicals in products for infants and children and creates a mechanism to disclose their presence in these products. The burden is minimal to the regulated sector of the economy, as they are already complying with similar laws in at least four other states on both the east and west coast. The policy provides for centralized reporting and reciprocal data sharing among states, to further eliminate any burden of compliance.
The infrastructure already exists at the Department of State to collect the data. The technology exists to easily inform parents about contaminants in products while they shop. We need to give parents the tools they need to make educated choices about the products they purchase for their children.
Prior legislative history
None.
Fiscal implications
To be determined.
Effective date
This act shall take effect April 1, 2017.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.