Title ENV, Environmental Conservation

§ 37-0109. Chromated copper arsenate pressure treated lumber; public\n facilities.\n 1. The state, and any political subdivision thereof, school district,\nboard of cooperative educational services or public authority, and any\nagency of any such entity shall be prohibited from c…

§ 37-0111. Prohibition against brominated flame retardants.\n 1. Manufacture, process, or distribution of brominated flame\nretardants. (a) No person shall manufacture, process or distribute in\ncommerce a product, or a flame-retardant part of a product, containing\nmore than one…

§ 37-0113. Lead and mercury-added wheel weights; prohibited.\n 1. On and after April first, two thousand eleven any person replacing\nor balancing a tire on a motor vehicle required to be registered under\narticle fourteen of title four of the vehicle and traffic law, shall not\n…

§ 37-0115. Lead-containing jewelry.\n For purposes of this section, the following terms shall have the\nfollowing definitions:\n 1. "Body piercing jewelry" means any part of jewelry that is\nmanufactured or sold for placement in a new piercing or a mucous\nmembrane, but does not …

§ 37-0117. Prohibition of cosmetic products and personal care products\n containing 1,4-dioxane or mercury.\n 1. The term "cosmetic product" shall mean any article (a) intended to\nbe rubbed, sprinkled, or sprayed on, introduced into, or otherwise\napplied to the human body or an…

* § 37-0119. Prohibition against certain uses of trichloroethylene.\n 1. No person shall use trichloroethylene as a vapor degreaser, an\nintermediate chemical to produce other chemicals, a refrigerant, or an\nextraction solvent or in any other manufacturing or industrial cleaning…

* § 37-0119. Coal tar; prohibited.\n 1. A person shall not sell or offer for sale a pavement product\ncontaining coal tar.\n 2. A person shall not apply a pavement product that is labeled as\ncontaining coal tar on a driveway or parking area.\n 3. For purposes of this section, th…

§ 37-0121. Prohibition against the use of perfluoroalkyl and\npolyfluoroalkyl substances in apparel and outdoor apparel for severe wet\nconditions.\n 1. After January first, two thousand twenty-five, no person shall sell\nor offer for sale in this state any new, not previously us…

§ 37-0201. Legislative findings and intent.\n The legislature finds and declares that:\n 1. The management of solid waste can pose a wide range of hazards to\npublic health and safety and to the environment; and\n 2. Packaging comprises a significant percentage of the overall sol…

§ 37-0203. Definitions.\n For the purposes of this title, the term:\n 1. "Distributor" shall mean any person, firm, association, partnership\nor corporation, who or which imports or causes to be imported into the\nstate, any container, whether filled or unfilled, used to package\…

§ 37-0205. Prohibitions.\n 1. No package or packaging component shall be offered for sale or for\npromotional purposes by a manufacturer or distributor which includes in\nthe package itself, or in any packaging component, inks, dyes, pigments,\nadhesives, stabilizers or any other…

§ 37-0207. Exemptions.\n All packaging and packaging components shall be subject to this title\nexcept the following:\n 1. Those packages or packaging components which have been delivered to\na distributor or manufacturer prior to January 1, 1992; or those\npackages or packaging …

§ 37-0209. Prohibition on the use of perfluoroalkyl and polyfluoroalkyl\n substances in food packaging.\n 1. No person shall distribute, sell or offer for sale in this state\nfood packaging containing perfluoroalkyl and polyfluoroalkyl (PFAS)\nsubstances as intentionally added ch…

§ 37-0211. Violations.\n 1. A violation of any of the provisions of this title or any rule or\nregulation promulgated pursuant thereto shall be punishable in the case\nof a first violation, by a civil penalty not to exceed ten thousand\ndollars. In the case of a second and any fu…

§ 37-0213. Reports.\n The department shall include a report on the effectiveness of this\ntitle as part of its annual solid waste management plan as required by\nsection 27-0103 of this chapter. The report shall contain a review of\nother toxic substances contained in packaging a…

§ 37-0215. Rules and regulations.\n The commissioner shall have the power to adopt such rules and\nregulations to provide for the effective application and enforcement of\nthis title. The commissioner, to the extent practicable and appropriate,\nshall utilize the standards design…

§ 37-0301. Definitions.\n As used in this title, the following terms shall have the following\nmeanings:\n 1. "Facility" means all buildings, equipment, structures, and other\nstationary items located on a single site or adjacent sites and owned or\noperated by the same person (o…

§ 37-0303. Applicability.\n The provisions of this title shall apply to every facility owned by,\nor operated on behalf of, a state agency that manufactures or processes\ngreater than twelve thousand five hundred pounds per year of a toxic\nchemical, or otherwise uses greater tha…

§ 37-0305. Toxic chemical release form.\n 1. The owner or operator of each facility subject to the requirements\nof this title shall complete a toxic chemical release form as published\npursuant to subsection (g) of 42 U.S.C. § 11023, as amended and\nsubsections (a) and (b) of 42…

§ 37-0307. Availability of information.\n 1. The release forms required under this title are intended to provide\ninformation to government agencies and the public, including citizens of\ncommunities surrounding covered facilities. The release form shall be\navailable to inform p…

§ 37-0501. Short title.\n This title shall be known and may be cited as the "bisphenol A-free\nchildren and babies act".\n

§ 37-0503. Definitions.\n As used in this title, "child care product" means all pacifiers and\nunfilled beverage containers to be used by children under three years\nold for the consumption of liquids including pacifiers, baby bottles,\nbaby bottle liners and cups, cup lids, stra…

§ 37-0505. Child care products.\n 1. Beginning December first, two thousand ten, no person, firm,\npartnership, association, limited liability company or corporation shall\nsell or offer for sale any child care product intended for use by a\nchild three years of age or younger co…

§ 37-0507. Product labeling.\n The commissioner may authorize product labeling of products that do\nnot contain bisphenol A. The label on such products may prominently\nstate "Bisphenol A Free" or "BPA-Free" to inform consumers that the\nproduct does not contain the chemical bisp…

§ 37-0509. Preemption.\n Jurisdiction in all matters pertaining to bisphenol A which are\nregulated pursuant to the provisions of this title shall be vested\nexclusively in the state.\n

§ 37-0511. Rules and regulations.\n The department is authorized to promulgate such rules and regulations\nas it shall deem necessary to implement the provisions of this title.\n

§ 37-0701. Short title.\n This title shall be known and may be cited as the "TRIS-free children\nand babies act".\n

§ 37-0703. Definitions.\n As used in this title:\n 1. "Child care product" means a consumer product intended for use by\nchildren under three years of age, such as baby products, toys, car\nseats, nursing pillows, crib mattresses, and strollers.\n 2. "TRIS" shall include TCEP (TR…

§ 37-0705. Child care products.\n 1. Beginning December first, two thousand thirteen, no person, firm,\npartnership, association, limited liability company or corporation shall\nsell or offer for sale any child care product intended for use by a\nchild three years of age or young…

§ 37-0707. Preemption.\n Jurisdiction in all matters pertaining to TRIS which are regulated\npursuant to the provisions of this title shall be vested exclusively in\nthe state.\n

§ 37-0709. Rules and regulations.\n The department is authorized to promulgate such rules and regulations\nas it shall deem necessary to implement the provisions of this title.\n

§ 37-0901. Definitions.\n As used in this title, unless the context otherwise indicates, the\nfollowing terms have the following meanings.\n 1. "Children's apparel" means any item of clothing that consists of\nfabric or related material intended or promoted for use in children's\…

§ 37-0903. Applicability.\n 1. New children's products. The provisions of this title shall apply\nto chemicals of concern and high-priority chemicals in children's\nproducts sold or distributed as new and does not apply to used\nchildren's products that are sold or distributed fo…

§ 37-0905. Chemicals of concern and high-priority chemicals.\n 1. Chemicals of concern.\n (a) Within two years of the effective date of this title, the\ndepartment, in consultation with the department of health, shall\npromulgate a list of chemicals of concern. A chemical may be …

§ 37-0907. Reporting on the use of chemicals.\n 1. Reporting of chemical use. No later than twelve months after a\nchemical of concern or high-priority chemical appears on the lists\npromulgated pursuant to section 37-0905 of this title, every\nmanufacturer who offers a children'…

§ 37-0909. Sales prohibition.\n 1. Effective January first, two thousand twenty-three, no person shall\ndistribute, sell or offer for sale in this state a children's product in\nwhich tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8), benzene\n(CAS 71-43-2),, or asbestos (…

§ 37-0911. Children's product safety council; established. 1. There\nshall be established, within the department, the children's product\nsafety council. Such council shall be composed of ten members as\nfollows:\n (a) the commissioner, or the commissioner's designee, who shall b…

§ 37-0913. Notice to retailers and the public.\n 1. A manufacturer of a children's product containing a high-priority\nchemical shall notify persons that offer the children's product for sale\nor distribution in the state, in a form prescribed by the department, of\nthe use of su…

§ 37-0915. Enforcement and implementation.\n 1. Failure to provide notice. A children's product containing a\nhigh-priority chemical may not be sold, offered for sale or distributed\nfor sale in this state unless the manufacturer has provided a report to\nthe department required …

§ 37-0917. Regulations.\n The department may adopt any rules and regulations it deems necessary\nto implement the provisions of this title.\n

§ 37-1001. Definitions.\n As used in this title:\n 1. "Consumer product" means any product that is regularly used or\npurchased to be used for personal, family or household purposes.\nConsumer product shall not mean: (a) a food or beverage or an additive\nto a food or beverage re…

§ 37-1003. Furniture and mattresses.\n 1. Beginning December first, two thousand twenty-four, no person shall\nsell or offer for sale in the state of New York any new, not previously\nowned, upholstered furniture or mattress, that contains, or a\nconstituent component of which co…

§ 37-1005. Exemptions.\n The prohibitions in section 37-1003 of this title shall not apply to\nthe following:\n 1. Electronic components of mattresses, reupholstered furniture, or\nupholstered furniture, or any associated casing for such electronic\ncomponents.\n 2. Upholstered o…

§ 37-1007. Electronic display.\n Beginning December first, two thousand twenty-four, no person shall\nsell or offer for sale in the state of New York any electronic display\nthat contains, in the enclosure or stand of such electronic display, any\norganohalogen flame retardant ch…

§ 37-1009. Reporting.\n 1. For the purposes of this section, "manufacturer" shall mean a\nperson who: (a) assembles or substantially assembles electronic displays\nfor sale in the state; (b) manufactures electronic displays, under its\nown brand name or under any other brand name…

§ 37-1011. Certification of compliance.\n 1. For the purpose of this section the following terms shall have the\nfollowing meanings:\n (a) "covered products" shall mean:\n (i) mattresses, upholstered furniture, or electronic displays; or\n (ii) upholstered or reupholstered furnit…

§ 37-1013. Severability.\n If any clause, sentence, paragraph, subdivision, section or part of\nthis act shall be adjudged by any court of competent jurisdiction to be\ninvalid, such judgment shall not affect, impair, or invalidate the\nremainder thereof, but shall be confined in…

§ 37-1015. Regulations.\n The department may adopt any rules and regulations it deems necessary\nto implement the provisions of this title.\n

§ 37-1101. Unlawful acts.\n 1. Beginning January first, two thousand twenty-nine, it shall be\nunlawful for any person to sell, offer for sale or use, or distribute\nwithin the state any corn, soybean or wheat seeds coated or treated with\npesticides, as defined in subdivision th…

§ 38-0101. Declaration of policy.\n It is hereby declared to be the policy of the state to protect present\nand future New Yorkers from the dangers inherent in the depletion of the\nworld's ozone layer, by restricting the distribution and sale of\nchlorofluorocarbon compounds as …