New York S 2540: Relates to notification of a data breach

Bill Text

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S02540 Summary:

BILL NOS02540 

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SAME ASNo Same As

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SPONSORMYRIE

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COSPNSR

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MLTSPNSR

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Add §397-c, Gen Bus L

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Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

Go to top S02540 Actions:

BILL NOS02540 

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01/21/2025REFERRED TO CONSUMER PROTECTION

05/19/20251ST REPORT CAL.1128

05/20/20252ND REPORT CAL.

05/21/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS02540 Committee&nbspVotes:

Go to topS02540 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02540 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2540

 2025-2026 Regular Sessions

 IN SENATE

 January 21, 2025
 ___________

 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 Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings. The legislature hereby finds that
 2 phthalates are a class of chemicals used in polyvinyl chloride (PVC)
 3 plastic to improve flexibility and in cosmetics to bind fragrance to the
 4 product. Phthalates are used in many products intended for use by young
 5 children including, but not limited to, teethers, toys and soft plastic
 6 books.
 7 It is further found that there is extensive scientific literature
 8 reporting the hormone disrupting effect of phthalates, and substantial
 9 evidence that levels of the phthalates of concern are found in humans at
 10 levels associated with adverse effects. Population studies show that
 11 virtually everyone carries some level of phthalates in their body. For
 12 the general population, the oral route of exposure is considered a major
 13 route.
 14 § 2. The general business law is amended by adding a new section 397-c
 15 to read as follows:
 16 § 397-c. Toys and child care products; phthalates. 1. For the purposes
 17 of this section:
 18 (a) "Child care article" means all products designed or intended by
 19 the manufacturer to facilitate sleep, relaxation or the feeding of chil-
 20 dren, or to help children with sucking or teething;
 21 (b) "Toy" means all products designed or intended by the manufacturer
 22 to be used by children when they play.
 23 2. No person, firm, partnership, association, limited liability compa-
 24 ny 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.
 LBD06778-01-5

 S. 2540 2

 1 any toy or child care product containing di(2-ethylexyl)phthalate, dibu-
 2 tyl phthalate or butyl benzyl phthalate in concentrations in excess of
 3 0.1 percent.
 4 3. No person, firm, partnership, association, limited liability compa-
 5 ny or corporation shall manufacture, distribute, sell or offer for sale
 6 any toy or child care product containing di-isononyl phthalate, di-iso-
 7 decyl phthalate or di-n-octyl phthalate in concentrations in excess of
 8 0.1 percent, intended for use by a child under three years of age when
 9 such toy or product may be placed in the child's mouth.
 10 4. Every manufacturer of a product or toy prohibited by this section
 11 shall use the least toxic alternative to the bisphenol-A or phthalate in
 12 the toy or product. Such alternative shall not be (i) a carcinogen rated
 13 by the United States Environmental Protection Agency as A, B or C carci-
 14 nogens, or substances listed as known or likely carcinogens, known to be
 15 human carcinogens, likely to be human carcinogens or suggestive of being
 16 human carcinogens, as described in the "List of Chemicals Evaluated for
 17 Carcinogen Potential"; or (ii) reproductive toxicants that cause birth
 18 defects, reproductive harm or developmental harm as identified by the
 19 United States Environmental Protection Agency.
 20 5. Any person, firm, pa