N.Y. Environmental Conservation Law 37-0915 – Enforcement and implementation
§ 37-0915. Enforcement and implementation.
Terms Used In N.Y. Environmental Conservation Law 37-0915
- 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. See N.Y. Environmental Conservation Law 37-0901
- High-priority chemical: means (a) a chemical designated pursuant to paragraph (a) of subdivision two of section 37-0905 of this title; and
(b) a chemical adopted by the department pursuant to paragraph (b) of subdivision two of section 37-0905 of this title. See N.Y. Environmental Conservation Law 37-0901 - 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. See N.Y. Environmental Conservation Law 37-0901
- Trace contaminant: means a trace amount of a chemical or chemicals that is incidental to manufacturing, including an unintended by-product of chemical reactions during the manufacture of the children's product, a trace impurity in feed-stock, an incompletely reacted chemical mixture, or a degradation product. See N.Y. Environmental Conservation Law 37-0901
1. Failure to provide notice. A children's product containing a high-priority chemical may not be sold, offered for sale or distributed for sale in this state unless the manufacturer has provided a report to the department required under section 37-0907 of this title by the date required in such section. The commissioner may exempt a children's product from this prohibition if, in the commissioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare.
2. Statement of compliance. The department may request the manufacturer of the children's product to provide a statement of compliance on a form provided by the department, within fifteen days of receipt of a request from the department. The statement of compliance shall:
(a) attest that the children's product does not contain the high-priority chemical; or
(b) attest that notification required by section 37-0913 of this title has been provided;
(c) attest that the manufacturer has notified persons who sell the product in this state that the sale of the children's product is prohibited;
(d) attest that the presence of a high-priority chemical is only as a trace contaminant; or
(e) attest that the chemical prohibited pursuant to subdivision two of section 37-0909 of this title is only present in an inaccessible component of the children's product.