Ban Toxics in Kids' Products

Section 1. Article 37 of the environmental conservation law is amended by adding a new title 9 to read as follows:

TITLE IX

TOXIC CHEMICALS IN CHILDREN'S PRODUCTS Section 37-0901. Definitions.

37-0903. Consumer notice.

37-0905. Reporting on the use of chemicals.

37-0907. Sales prohibition.

37-0909. Applicability.

37-0911. Enforcement and implementation.

37-0913. Regulations. § 37-0901. Definitions.

As used in this title, unless the context otherwise indicates, the following terms have the following meanings.

1. "Children's apparel" means any item of clothing that consists of fabric or related material intended or promoted for use in children's clothing. Children's apparel does not mean protective equipment designed to prevent injury, including, but not limited to, bicycle helmets, athletic supporters, knee pads or elbow pads.

2. "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism.

3. "Chemicals of concern" means:

(a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01267-03-7

A. 8266 2

(a-1) 1,2-Dibromoethane (CAS 106-93-4)

(a-2) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140- 66-9)

(a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS 27193-28-8)

(a-4) 1,3-Butadiene (CAS 106-99-0)

(b) 1,4-Dioxane (CAS 123-91-1)

(c) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS 1163-19-5)

(d) 2,4-Diaminotoluene (CAS 95-80-7)

(d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)

(e) 2-Aminotoluene (CAS 95-53-4)

(f) 2-Ethylhexanoic acid (CAS 149-57-5)

(g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)

(g-1) 2-Napthylamine (CAS 91-59-8)

(h) 2-Methoxyethanol (CAS 109-86-4)

(i) 3,3'-Dimethylbenzidine and dyes metabolized to 3,3'-Dimethylbenzidine (CAS 119-93-7)

(i-1) 4-Hydroxybiphenol (CAS 92-69-3)

(j) 4-Nonylphenol; 4-NP and its isomer mixtures including CAS 84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)

(j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)

(k) 4-Tert-octylphenol; 1,1,3,3-Tetramethyl-4-butylphenol (CAS 140-66-9)

(l) Acetaldehyde (CAS 75-07-0)

(m) Acrylonitrile (CAS 107-13-1)

(n) Aniline(CAS 62-53-3)

(o) Antimony & antimony compounds (CAS 7440-36-0)

(p) Arsenic & arsenic compounds (CAS 7440-38-2) including arsenic trioxide & dimethyl arsenic (CAS 75-60-5)

(q) Asbestos (CAS 1332-21-4)

(r) Benzene (CAS 71-43-2)

(s) Benzene, pentachloro (CAS 608-93-5)

(s-1) Benzidine and its salts (CAS 92-87-5)

(t) Benzophenone-2 (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS 131-55-5)

(u) Bisphenol A (CAS 80-05-7)

(v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)

(w) Butyl paraben (CAS 94-28-6)

(x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)

(y) C.I. solvent yellow 14 (CAS 842-07-9)

(z) Cadmium & cadmium compounds (CAS 7440-43-9)

(aa) Carbon disulfide (CAS 75-15-0)

(bb) Cobalt & cobalt compounds (CAS 7440-48-4)

(cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)

(dd) Dibutyl phthalate (CAS 84-74-2)

(dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)

(ee) Diethyl phthalate (CAS 84-66-2)

(ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)

(gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)

(hh) Di-n-hexyl phthalate (CAS 84-75-3)

(ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)

(ii-1) Epichlorohydrin (CAS 106-98-9)

(jj) Estragole (CAS 140-67-0)

(kk) Ethyl paraben (CAS 120-47-8)

(ll) Ethylbenzene (CAS 100-41-4)

A. 8266 3

(mm) Ethylene glycol (CAS 107-21-1)

(nn) Ethylene glycol monoethyl ester (CAS 110-80-5)

(oo) Formaldehyde (CAS 50-0-0)

(pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)

(qq) Hexachlorobenzene (CAS 118-74-1)

(rr) Hexachlorobutadiene (CAS 87-68-3)

(ss) Lead & lead compounds (CAS 7439-92-1)

(tt) Mercury & mercury compounds (CAS 7439-97-6) including methyl mercury (CAS 22967-92-6)

(uu) Methyl ethyl ketone (CAS 78-93-3)

(vv) Methyl paraben (CAS 99-76-3)

(ww) Methylene chloride (CAS 75-09-2)

(ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)

(xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)

(xx-1) Mono-n-butylphthalate (CAS 131-70-4)

(yy) N-methylpyrrolidone (CAS 872-50-4)

(yy-1) Nickel and nickel compounds (CAS N/A)

(zz) N-nitrosodimethylamine (CAS 62-75-9)

(aaa) N-nitrosodiphenylamine (CAS 86-30-6)

(bbb) Octamethylcyclotetrasiloxane (CAS 556-67-2)

(ccc) Para-chloroaniline (CAS 106-47-3)

(ddd) Perchloroethylene (CAS 127-18-4)

(eee) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763- 23-1)

(fff) Phenol (CAS 108-95-2)

(ggg) Phenol, 4-octyl- (CAS 1806-26-4)

(hhh) Phthalic anhydride (CAS 85-44-9)

(iii) P-hydroxybenzoic acid (CAS 99-96-7)

(jjj) Propyl paraben (CAS 94-13-3)

(jjj-1) Silica, crystalline (in the form of quartz or cristabolite dust) (CAS 14808-60-7)

(kkk) Styrene (CAS 100-42-5)

(lll) Tetrabromobisphenol A (CAS 79-94-7)

(mmm) Toluene (CAS 108-88-3)

(nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)

(ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)

(ppp) Vinyl chloride (CAS 75-01-4)

4. "Children" means a person or persons aged twelve and under.

5. "Children's product" means a product primarily intended for, made for or marketed for use by children, such as baby products, toys, car seats, school supplies, 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 novelty products, children's jewelry, children's bedding, furniture, furnishings, and apparel. "Children's product" does not include (a) batteries; or (b) consumer electronic products including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals; or (c) a food or beverage or an additive to a food or beverage regulated by the United States Food and Drug Administration; or (d) a tobacco product; or (e) a pesticide regulated by the United States Environmental Protection Agency. "Children's product" also does not include a drug, biologic or medical device regulated by the United States Food and Drug Administration.

A. 8266 4

6. "Distributor" means a person who sells children's products to retail establishments on a wholesale basis.

7. "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.

8. "Manufacturer" means any person who currently manufactures a children's product or whose brand name is affixed to the children's product. In the case of a children's product that was imported into the United States, "manufacturer" includes the importer or first domestic distributor of the children's product if the person who currently manufactures or assembles the children's product or whose brand name is affixed to the children's product does not have a presence in the United States.

9. "Dangerous chemical" means (a) the following chemicals:

CASRN13674-87-8 Tris (1, 3 dichloro-2-propyl) phosphate

CASRN71-43-2 Benzene

CASRN7439-92-1 lead and compounds (inorganic)

CASRN7439-97-6 Mercury and mercury compounds, including methyl

mercury (CASRN 22967-92-6)

CASRN7440-36-0 Antimony and antimony compounds

CASRN50-00-0 Formaldehyde

CASRN1332-21-4 Asbestos

CASRN7440-38-2 Arsenic and arsenic compounds including arsenic

trioxide (CASRN 1327-53-3)

and dimethyl arsenic (CASRN 75-60-5)

CASRN7440-43-9 Cadmium

CASRN7440-48-4 Cobalt and cobalt compounds and

(b) a chemical adopted by the department pursuant to section 37-0903 of this title.

10. "Toy" means a product designed or intended by the manufacturer to be used by children at play. § 37-0903. Consumer notice.

1. Publishing of lists. Within one hundred eighty days of the effective date of this title, the department shall post lists of dangerous chemicals and chemicals of concern on the department's website.

2. Periodic review. (a) The department, in consultation with the department of health, may periodically review the list of dangerous chemicals and, through regulation, add or remove dangerous chemicals or chemicals of concern from such lists.

(b) The department, in consultation with the department of health, may identify a chemical as a dangerous chemical if, upon such review, it is present in a children's product and meets any of the following criteria:

(i) The chemical or its metabolites have been found through biomonitoring to be present in humans;

(ii) The chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water or elsewhere in the home environment;

(iii) The chemical has been found through monitoring to be present in fish, wildlife or the natural environment; or

(iv) The sale or use of the chemical or a children's product containing the chemical has been banned in another state or states within the United States because of the health effects of such chemical.

(c) The department, in consultation with the department of health, may remove a chemical from the list of dangerous chemicals if, upon review, it determines on the basis of credible scientific evidence that such

A. 8266 5

chemical no longer meets the criteria for listing under paragraph (b) of this subdivision.

(d) The department, in consultation with the department of health shall identify a chemical as a chemical of concern if, upon review, it determines that the chemical has been identified by a state, federal or international governmental entity on the basis of credible scientific evidence as:

(i) A carcinogen, reproductive or developmental toxicant, neurotoxicant, asthmagen, or endocrine disruptor;

(ii) Persistent, bioaccumulative and toxic; or

(iii) Very persistent and very bioaccumulative. § 37-0905. Reporting on the use of chemicals.

1. Reporting of chemical use. No later than twelve months after a dangerous 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 a dangerous chemical or chemical of concern shall report such chemical use to the department.

(a) This report must at a minimum identify the children's product category, the dangerous chemical or chemicals of concern contained in the children's product and the intended purpose of such chemicals. The department may also require reporting of the following information:

(i) the amount of such chemical in the children's product; or

(ii) information on the likelihood that the chemical will be released from the children's product to the environment during the product's life cycle and the extent to which users of the product category are likely to be exposed to the chemical.

(b) The department is authorized to direct submission of such report to the interstate chemicals clearinghouse.

2. Waiver of reporting. Upon application by a manufacturer, the commissioner may waive all or part of the reporting requirements under subdivision one of this section for one or more specified uses of a dangerous chemical. In making such determination, the commissioner may consider: (a) if substantially equivalent information is already publicly available or that the information is not needed for the purposes of this chapter, (b) similar waivers granted by other states, and (c) whether the specified use or uses are minor in volume.

3. Notice. (a) A manufacturer of a children's product containing a dangerous chemical shall notify persons that offer the children's product for sale or distribution in the state, in a form prescribed by the department, of the presence of such dangerous chemical, and provide such persons with information regarding the toxicity of such chemical.

(b) The department shall notify consumers about children's products containing chemicals of concern and dangerous chemicals. The notification shall be published on the department's website.