What's happening
This bill bans the manufacture, distribution, and sale of toys and child care products containing certain phthalates in New York.
Why it matters
Addresses health concerns. by targeting specific phthalates (e.g., DEHP, DBP, BBP, DINP, DIDP, DNOP) shown in research to disrupt hormones and potentially cause developmental and reproductive harm, especially in young children.
Sets strict limits. on allowable concentrations (no more than 0.1%) of these chemicals in toys and child care products, focusing additional restrictions on items intended for children under three that might be mouthed, directly reducing a major route of exposure.
Pushes industry toward safer alternatives. by requiring that banned phthalates and bisphenol-A be replaced only with substances that are neither carcinogenic nor reproductive toxicants, as rated by the EPA, potentially driving innovation in safer materials.
Imposes significant penalties. for violations—with fines of at least $10,000 per day—creating a strong financial incentive for manufacturers and sellers to comply, which could lead to better oversight and quicker adoption of safer products in the marketplace.
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Who cares
Headline styles
Ban Toxic Chemicals in Toys
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
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.
Ban Toxic Chemicals in Toys
In Assembly Committee · Consumer Affairs And Protection · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3166
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer 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 phthalates
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings. The legislature hereby finds that phthalates are a class of chemicals used in polyvinyl chloride (PVC) plastic to improve flexibility and in cosmetics to bind fragrance to the product. Phthalates are used in many products intended for use by young children including, but not limited to, teethers, toys and soft plastic books.
It is further found that there is extensive scientific literature reporting the hormone disrupting effect of phthalates, and substantial evidence that levels of the phthalates of concern are found in humans at levels associated with adverse effects. Population studies show that virtually everyone carries some level of phthalates in their body. For the general population, the oral route of exposure is considered a major route.
§ 2. The general business law is amended by adding a new section 397-b to read as follows:
§ 397-b. Toys and child care products; phthalates. 1. For the purposes of this section:
(a) "Child care article" means all products designed or intended by the manufacturer to facilitate sleep, relaxation or the feeding of children, or to help children with sucking or teething;
(b) "Toy" means all products designed or intended by the manufacturer to be used by children when they play.
2. No person, firm, partnership, association, limited liability company or corporation shall manufacture, distribute, sell or offer for sale
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03326-01-9
S. 3166 2
any toy or child care product containing di(2-ethylexyl)phthalate, dibutyl phthalate or butyl benzyl phthalate in concentrations in excess of 0.1 percent.
3. 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 di-isononyl phthalate, di-isodecyl phthalate or di-n-octyl phthalate in concentrations in excess of 0.1 percent, intended for use by a child under three years of age when such toy or product may be placed in the child's mouth.
4. 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.
5. 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.
§ 3. This act shall take effect twenty-four months after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to prohibiting the manufacture, distribution and sale of toys and child care products containing phthalates
Purpose
This bill prohibits the manufacturing of toys containing an excess of 0.1 percent of the compound known as phthalate in order to safeguard children from this toxic substance.
Summary of provisions
Section one sets forth the legislative intent
Section two amends the general business law is amended by adding a new section 397-b.
Section three sets forth the effective date.
Justification
Why does the United States remain one of the few developed countries to allow children to play with toys that scientists say may cause infertil- ity in boys? The toys in question contain substances called phthalates (pronounced "thalates"). While the European Union has banned these substances in products meant for children, there is powerful resistance from the chemical and toy industries to doing the same here in the United States.
Recently, citizens in California and San Francisco successfully passed bans on phthalates in children's toys. This legislation will codify this important child safety measure in New York State. Phthalates help make plastic toys like some rubber ducks and teething rings soft and pliable. But scientific evidence suggests that exposure to phthalates (which are also used in dozens of other consumer items like, makeup, shampoos and shower curtains) may interfere with-the sexual development of boys. Last year, San Francisco became the first U.S. city to ban phthalates in toys. The toy and chemical industries sued the city to block implementa- tion, claiming there's not enough evidence to warrant any action. A similar ban is set to take effect throughout the state of California in 2009.
In October 2003, the European Commission presented a proposal for a new EU regulatory system for chemicals. A regulatory plan was proposed because the Commission believed that the current legislative framework for chemicals in the EU did not produce sufficient information about the effects of chemicals on human health and the environment.
In addition, the risk assessment process was slow and resource-intensive and did not allow the regulatory system to work efficiently and effec- tively. The European plan puts the burden on manufacturers, importers, and downstream users to ensure that they manufacture, place on the market, or use such substances that do not adversely affect human health or the environment. The plan was approved in December 2006 and went into effect in June 2007. In the United States, we continue to allow our children to play with toys made with dangerous and toxic chemicals. Europe is also moving to ban the use of artificial food colorings, espe- cially in food for children because of proven health risks. In the United States we continue our carefree attitude that imperils the health of our children. A ban on the use of phthalates is needed in New York and the United States so that American children can have the same safety protections enjoyed by children in Europe.
Legislative history
2017-18: A.994 - Referred to Consumer Affairs and Protection 2015-16: A.386 - Reported to Codes 2013-14: A.5295-A - Reported to Codes 2011-12: A.4212 - Referred to Consumer Affairs and Protection
Fiscal implications
Undetermined.
Effective date
This bill shall take effect twenty-four months after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.