What's happening
This bill bans the sale of toys, child care products, and certain food or beverage containers containing bisphenol A, and regulates alternatives.
Why it matters
Protects young children from BPA exposure. by banning the sale of toys, child care products, and certain food or beverage containers containing bisphenol A, a chemical linked to potential health risks, specifically targeting products intended for children three years old or younger.
Closes regulatory loopholes. by extending restrictions not just to child care products, but also to toys and food/beverage packaging, which could have previously gone unregulated regarding BPA content for the youngest children.
Prevents “regrettable substitutions”. by requiring that any chemical replacing BPA must be the least toxic alternative and not be a known human carcinogen, developmental or reproductive toxin, or endocrine disruptor—meaning manufacturers can’t simply swap in another harmful chemical.
Creates a mechanism for temporary waivers. if no safer alternatives to BPA are currently available for certain food and beverage containers, but limits the duration and requires proof, pushing manufacturers toward safer innovations while acknowledging current market limitations.
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Who cares
Headline styles
Ban BPA in Kids' Products
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1076
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to regulation of toys, and food and beverage containers containing bisphenol A
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 37-0503 of the environmental conservation law, as added by chapter 280 of the laws of 2010, is amended to read as follows: § 37-0503. Definitions.
As used in this title[, "child]:
1. "Child care product" means all pacifiers and unfilled beverage containers to be used by children under three years old for the consumption of liquids including pacifiers, baby bottles, baby bottle liners and cups, cup lids, straws and sippy cups.
2. "Toy" means all products designed or intended by the manufacturer to be used for play by children three years of age and younger.
§ 2. Section 37-0505 of the environmental conservation law, as added by chapter 280 of the laws of 2010, is amended to read as follows: § 37-0505. Child care products and toys.
1. Beginning December first, two thousand ten, no person, firm, partnership, association, limited liability company or corporation shall sell or offer for sale any child care product intended for use by a child three years of age or younger containing bisphenol A.
2. Beginning December first, two thousand nineteen, no person, firm, partnership, association, limited liability company or corporation shall sell or offer for sale any toy containing bisphenol A.
3. The provisions of this section shall not apply to the sale or distribution of child care products resold or offered for resale, or distributed by consumers for consumer use.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06827-01-9
S. 1076 2
§ 3. Sections 37-0507, 37-0509 and 37-0511 of the environmental conservation law are renumbered sections 37-0511, 37-0513 and 37-0515, and two new sections 37-0507 and 37-0509 are added to read as follows: § 37-0507. Food and beverage containers.
1. Beginning December first, two thousand twenty, no person, firm, partnership, association, limited liability company or corporation shall sell or offer for sale any liquid, food or beverage in a can, jar or other container containing bisphenol A if the liquid, food or beverage is designed or intended primarily for consumption by children three years of age or younger.
2. A manufacturer of a product that is subject to the provisions of subdivision one of this section, may apply to the department for waiver of the requirements of such subdivision for a period of one year, upon proof that there are no available alternatives to bisphenol A in the manufacture of the can, jar or other container that is subject to the provisions of subdivision one of this section. After the granting of such a waiver to a manufacturer, it may thereafter apply for one additional one year waiver. § 37-0509. Alternatives to bisphenol A.
1. A manufacturer of a product prohibited to be sold or offered for sale pursuant to this title shall:
a. not replace bisphenol A with another chemical compound that has been scientifically established to be a known human carcinogen as classified by the United States Environmental Protection Agency, a developmental toxin, an endocrine disrupter or a reproductive toxin;
b. use the least toxic alternative chemical compound to replace bisphenol A;
c. provide, to the department prior to the manufacture of such product, information on such least toxic alternative chemical compound; and
d. not manufacture such product until the department shall have certified such least toxic alternative chemical compound to replace bisphenol A.
2. Every least toxic alternative chemical compound to replace bisphenol A certified by the department shall:
a. be the least toxic alternative available; and
b. not be a known human carcinogen as classified by the United States Environmental Protection Agency, a developmental toxin, an endocrine disrupter or a reproductive toxin.
3. The department shall regularly update its listing of least toxic chemical compounds certified pursuant to subdivision two of this section and provide such updated listings to manufacturers to which subdivision one of this section applies.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to regu- lation 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 chil- dren 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 bever- age containers are allowed by DEC if there are no available substitutes for BPA. BPA in toys would be banned after December 1, 2017 and in food and beverage containers by December 1, 2018.
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 EPA. 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 signif- icantly 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 contain- ers. In addition to New York twelve states (California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, Vermont, Washington and Wisconsin) and the District of Columbia, 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.0086 of 2017-2018 (Hoylman): Diedin Environmental Conservation
S.2764 of 2015-2016 (Hoylman): Died in Environmental Conservation
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.