NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9964
SPONSOR: Englebright (MS)
TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the sale of child products containing organohal-
ogen flame retardant
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to eliminate the exposure of children to
certain flame retardants.
SUMMARY OF PROVISIONS:
Amends Article 37 of the Environmental Conservation Law to prohibit the
use of organhalogen flame retardants, which contain the element bromine
or chlorine, in children's products.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The Legislature has acted consistently, most recently in 2011 with a
prohibition on the flame retardant TRIS, to prohibit the use of harmful
flame retardants in children's products. This legislation, which is
based on a Rhode Island law, would prohibit the use of Organohalogen
Flame Retardants (OFRs) in children's products. The federal Consumer
Product Safety Commission (CPSC) issued a public warning in September
2017 about the recognized health risks of OFRs stating, "The known
adverse health effects of these chemicals to consumers include: repro-
ductive impairment (e.g., abnormal gonadal development, reduced number
of ovarian follicles, reduced sperm count...); neurological impacts
(e.g. decreased IQ in children, impaired memory, learning deficits,
altered motor behavior, hyperactivity); endocrine disruption and inter-
ference with thyroid hormone action (potentially contributing to
diabetes and obesity); genotoxicity; cancer; and immune disorders. These
chemicals have a disproportionately negative health effect on vulnerable
populations, including children." In addition, the CPSC issued very
specific recommendations, stating, "Further, the Commission recommends
that, before purchasing such products for resale, importers, distribu-
tors, and retailers obtain assurances from manufacturers that such
products do not contain OFRs. Finally, the Commission recommends that
consumers, especially those who are pregnant or with young children,
inquire and obtain assurances from retailers that such products do not
contain OFRs." This legislation is intended to ensure that parents
making purchases in New York do not need to question whether products
contain OFRs by prohibiting their use in children's products.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL-GOVERNMENTS:
This act shall take effect immediately.
STATE OF NEW YORK
March 2, 2018
Introduced by M. of A. ENGLEBRIGHT, PEOPLES-STOKES, SEAWRIGHT, JAFFEE,
RIVERA, SIMON, D'URSO, STECK, THIELE, SANTABARBARA, TITONE, LAVINE,
GLICK, GALEF, ZEBROWSKI, GOTTFRIED, SEPULVEDA, PICHARDO, LIFTON,
MOSLEY, CAHILL -- read once and referred to the Committee on Environ-
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of child products containing organohalogen flame
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 37-0703 of the environmental conservation law is
2 amended by adding a new subdivision 3 to read as follows:
3 3. "Organohalogen flame retardant" shall include any chemical contain-
4 ing the element bromine or chlorine bonded to carbon that is added to a
5 plastic, foam or textile.
6 § 2. Subdivision 1 of section 37-0705 of the environmental conserva-
7 tion law, as added by chapter 259 of the laws of 2011, is amended to
8 read as follows:
9 1. (a) Beginning December first, two thousand thirteen, no person,
10 firm, partnership, association, limited liability company or corporation
11 shall sell or offer for sale any child care product intended for use by
12 a child three years of age or younger containing TRIS.
13 (b) Beginning July first, two thousand nineteen, no person, firm,
14 partnership, association, limited liability company or corporation shall
15 sell or offer for sale any child care product intended for use by a
16 child three years of age or younger containing organohalogen flame
18 § 3. Section 37-0707 of the environmental conservation law, as added
19 by chapter 259 of the laws of 2011, is amended to read as follows:
20 § 37-0707. Preemption.
21 Jurisdiction in all matters pertaining to TRIS and organohalogen flame
22 retardant which are regulated pursuant to the provisions of this title
23 shall be vested exclusively in the state.
24 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.