Title ENV, Environmental Conservation

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

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

§ 37-0113. Lead and mercury-added wheel weights; prohibited. 1. On and after April first, two thousand eleven any person replacing or balancing a tire on a motor vehicle required to be registered under article fourteen of title four of the vehicle and traffic law, shall not use a…

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

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

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

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

§ 37-0121. Prohibition against the use of perfluoroalkyl and polyfluoroalkyl substances in apparel and outdoor apparel for severe wet conditions. 1. After January first, two thousand twenty-five, no person shall sell or offer for sale in this state any new, not previously used, a…

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

§ 37-0203. Definitions. For the purposes of this title, the term: 1. "Distributor" shall mean any person, firm, association, partnership or corporation, who or which imports or causes to be imported into the state, any container, whether filled or unfilled, used to package produc…

§ 37-0205. Prohibitions. 1. No package or packaging component shall be offered for sale or for promotional purposes by a manufacturer or distributor which includes in the package itself, or in any packaging component, inks, dyes, pigments, adhesives, stabilizers or any other addi…

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

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

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

§ 37-0213. Reports. The department shall include a report on the effectiveness of this title as part of its annual solid waste management plan as required by section 27-0103 of this chapter. The report shall contain a review of other toxic substances contained in packaging and re…

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

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

§ 37-0303. Applicability. The provisions of this title shall apply to every facility owned by, or operated on behalf of, a state agency that manufactures or processes greater than twelve thousand five hundred pounds per year of a toxic chemical, or otherwise uses greater than fiv…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 37-0913. Notice to retailers and the public. 1. A manufacturer of a children's product containing a high-priority chemical shall notify persons that offer the children's product for sale or distribution in the state, in a form prescribed by the department, of the use of such hi…

§ 37-0915. Enforcement and implementation. 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…

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

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

§ 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. The prohibitions in section 37-1003 of this title shall not apply to the following: 1. Electronic components of mattresses, reupholstered furniture, or upholstered furniture, or any associated casing for such electronic components. 2. Upholstered or reuphol…

§ 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. 1. For the purposes of this section, "manufacturer" shall mean a person who: (a) assembles or substantially assembles electronic displays for sale in the state; (b) manufactures electronic displays, under its own brand name or under any other brand name, for…

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

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

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

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

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