Chemical Legislation in New York
Bisphenol A-Free Children and Babies Act
In 2010, the New York legislature enacted a ban on the use of BPA in child care products, defined as pacifiers and unfilled beverage containers to be used by children under three years old for the consumption of liquids. Effective December 1, 2010, the law prohibits the sale or offer for sale of any BPA-containing child care product intended for use by children three years of age or younger. Additionally, the Commissioner may authorize labeling of products not containing BPA as "Bisphenol A Free" or "BPA-Free.”
A6919D-2009 (S3296H-2009)
TRIS-Free Children and Babies Act
On August 1, 2011, the Governor signed into law a ban on the use of the flame retardant tris(2- chloroethyl) phosphate (TRIS) in products intended for use by children under the age of 3 years (including baby products, toys, car seats, nursing pillows, crib mattresses, and strollers). Effective December 1, 2013, the law prohibits any person or corporation from selling or offering to sell such products.
A6195A-2011 (S4085A-2011)
Ban on Flame Retardants
In 2004, New York enacted a prohibition on the manufacture, processing, or distribution of products containing more than 0.1% by mass of penta-BDE or octa-BDE. The law also established a Task Force on Flame Retardant Safety.
Pollution Prevention Program
In 2005, New York enacted legislation requiring the Department of Environmental Conservation to promote pollution prevention, including reduction of the use of hazardous substances. The law established the New York State Pollution Prevention Institute (NYSP2I), funded by the Department. The mission of the institute is to provide a comprehensive and integrated program designed to make the state more sustainable through, inter alia, reductions in toxic chemical use.
Pollution Prevention Institute
New York Chemicals Avoidance List
In 2008 the Governor of New York issued Executive Order No. 4, Establishing a State Green Procurement and Agency Sustainability Program. The Order establishes the Interagency Committee on Sustainability and Green Procurement. By September 1, 2008 (and annually thereafter), the Committee must identify at least three priority categories of commodities, services, or technology, and at least 12 priority commodities, services and technologies for which the Committee will develop green procurement lists. By December 1, 2008, the Committee must develop procurement specifications for use by state agencies and public authorities.
On December 4, 2009, the Advisory Council presented to the Committee a proposed approach for the consideration of chemicals in the development of green specifications (Consideration of Chemicals in the Development of Green Specifications). Exhibit F sets forth a proposed list of such substances (Preliminary Worksheet on Chemicals for Consideration in Green Procurement). The guidance document also notes that, when developing green procurement specifications, the Committee will consider chemicals that pose potential health and environmental impacts, including substances listed on EPA Waste Minimization Priority List, the U.S. Department of Health and Human Services National Toxicology Program, current Report on Carcinogens, List of Chemicals Known and Reasonably Anticipated to be Human Carcinogens and TSCA Chemical Action Plans.
On December 29, 2010, the Committee approved the policy document.
Procurement Subcommittee Exhibit F: Preliminary Worksheet on Chemicals for Consideration in Green Procurement
Consideration of Chemicals in the Development of Green Specifications (Approved)