What's happening
This bill bans the manufacture, distribution, and sale of toys and child care products containing bisphenol-A or phthalates for children under 14.
Why it matters
Addresses health concerns tied to hormone disruption. The bill highlights scientific findings that bisphenol-A (BPA) and phthalates, both common in plastics and coatings, are linked to hormone disruption and possible long-term health impacts in children, particularly when these substances are present in toys and child care products.
Targets products intended for all children under 14, not just infants. By setting the age limit at 14, the bill greatly broadens the scope of protection compared to many existing regulations (which often focus on children under 3), affecting a wider range of products and manufacturers.
Mandates use of safer alternatives with strong restrictions. Any substitute chemicals used in place of BPA or phthalates must be the least toxic available, and cannot be recognized carcinogens or reproductive toxicants as identified by the EPA. This prevents companies from switching to equally or more hazardous chemicals.
Imposes significant penalties for non-compliance. The civil fine set at a minimum of $10,000 per day per violation creates a strong financial deterrent, incentivizing manufacturers and sellers to comply and ensuring meaningful enforcement power.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Toxic Chemicals in Toys
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
1 Multi-sponsor
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2186
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Consumer Affairs and Protection
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 397-b to read as follows:
§ 397-b. Toys and child care products; bisphenol-A and phthalates. 1. The legislature hereby finds that bisphenol-A, an estrogen-mimicking endocrine disrupter chemical, is used in the production of epoxy resins and polycarbonate plastics, and is the main ingredient in hard polycarbonate plastics. These plastics are used in many food and drink packaging applications, and the resins are commonly used as lacquers to coat metal products such as food cans, bottle tops and water supply pipes. Bisphenol-A has been shown to have hormone disrupting effects, and is also used in many products intended for use by young children including toys, pacifiers, baby bottles and teethers.
The legislature also finds that phthalates are chemicals used to plasticize some food containers, plastic wrap, toys, shampoos, perfumes and beauty products. Such chemicals have been shown to have hormone disrupting effects.
2. No person, firm, partnership, association, limited liability company or corporation shall manufacture, distribute, sell or offer for sale any toy or child care product containing bisphenol-A, intended for use by a child under fourteen years of age.
3. For the purposes of this section, "phthalates" means di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05552-01-7
A. 2186 2
phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).
4. No person, firm, partnership, association, limited liability company or corporation shall manufacture, distribute, sell or offer for sale any toy or child care product containing any individual phthalate or multiple phthalates in concentrations in excess of 0.1 percent.
5. No person, firm, partnership, association, limited liability company or corporation shall manufacture, distribute, sell or offer for sale any toy or child care product containing any individual phthalate or multiple phthalates in concentrations in excess of 0.1 percent, intended for use by a child under fourteen years of age when such toy or product may be placed in the child's mouth.
6. Every manufacturer of a product or toy prohibited by this section shall use the least toxic alternative to the bisphenol-A or phthalate in the toy or product. Such alternative shall not be (i) a carcinogen rated by the United States Environmental Protection Agency as A, B or C carcinogens, or substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens or suggestive of being human carcinogens, as described in the "List of Chemicals Evaluated for Carcinogen Potential"; or (ii) reproductive toxicants that cause birth defects, reproductive harm or developmental harm as identified by the United States Environmental Protection Agency.
7. Any person, firm, partnership, association, limited liability company or corporation which violates any provision of this section shall be liable for a civil fine of not less than ten thousand dollars for each day of such violation.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.