NY Env Conserv L § 37-0111 (2021)
2021 New York Laws ENV - Environmental Conservation Article 37 - Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment Title 1 - Substances Hazardous to the Environment 37-0111 - Prohibition Against Brominated Flame Retardants.

§ 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-tenth of one per centum of pentabrominated diphenyl  ether or octabrominated diphenyl ether, by mass.  (b) The commissioner may waive the provisions of this section in whole or  in part upon a finding by the commissioner, in consultation with the commissioners of health and labor in a particular instance that there is no significant threat to the public health.   2. Administration. (a)  The  commissioner  is  hereby  authorized  and directed  to  prescribe such rules and regulations, including provisions for maintenance of records relating  to  products,  fabrics  or  related materials,  and  for  the  labeling  for  a  product,  fabric or related material, as may be necessary and proper for purposes of  administration and enforcement of this article.  (b)  The  commissioner  is  hereby empowered to order the recall of or confiscation of consumer products offered for sale which do not meet the standards set forth in or pursuant to this section.  (c) The commissioner may obtain  from  any  person  by  regulation  or subpoena  issued  pursuant  thereto  such  information  in  the  form of testimony, books, records, or other writings  as  is  pertinent  to  the findings  or determinations which he or she is required or authorized to make pursuant to this section.   All information reported to or otherwise obtained by the  commissioner or  his or her representative pursuant to this section which information contains or relates to a trade secret shall be considered  confidential, except  that  such  information  may  be  disclosed to other officers or employees concerned with carrying out this section or when  relevant  in any proceeding under this section.   3.  Guaranty. (a) No person shall be subject to prosecution under this section if such person: (1) establishes  a  guaranty  received  in  good faith  signed  by  and  containing  the  name  and address of the person residing in the United States by whom the  product,  fabric  or  related material  guaranteed  was  manufactured or from whom it was received, to the effect that reasonable and representative  tests  showing  that  the product,  fabric or related material covered by the guaranty, or used in the product, fabric or related material covered by  the  guaranty  meets the   requirements  of  this  section;  and  (2)  has  not,  by  further processing, affected the flammability of the product, fabric or  related material covered by the guaranty which he or she received. Such guaranty shall  be  either:  (A) a separate guaranty specifically designating the product, fabric or related material guaranteed, in which case it may  be on  the  invoice  or  other  paper  relating  to such product, fabric or related material; or (B) a continuing guaranty filed with the department or with the federal trade commission applicable to any  product,  fabric or  related  material  handled  by  a  guarantor,  in  such  form as the department or the federal trade commission by rules or  regulations  may prescribe;  or  (C)  a  continuing  guaranty  given  by  seller to buyer applicable to any product, fabric or related material sold or to be sold to buyer by seller in a form as the  department  or  the  federal  trade commission by rules or regulations may prescribe.  (b)  The  furnishing  with  respect  to any product, fabric or related material, of a false  guaranty,  except  by  a  person  relying  upon  a guaranty  to  the  same  effect received in good faith and signed by and containing the name and address of the person  residing  in  the  United States  by  whom  the product, fabric or related material guaranteed was manufactured or from whom it was received, with reason  to  believe  the  product,   fabric   or   related  material  falsely  guaranteed  may  be introduced, sold or transported in commerce, is unlawful.   4.  Exclusions.  (a) The provisions of this section shall not apply to any common carrier, contract carrier or freight forwarder  with  respect to  a  product,  fabric  or  related  material  shipped or delivered for shipment through the state for commerce in another state or country.  (b) As used in  this  section,  "distribute  in  commerce"  shall  not include  the resale of products manufactured prior to January first, two thousand six or replacement parts manufactured prior to  January  first, two thousand six.   5.  Violations.  A  violation  of any provision of this section or any rule or regulation  of  the  commissioner  promulgated  hereunder  is  a misdemeanor.  Each  product,  fabric  or  related material made, sold or exposed for sale, shall constitute a separate violation.   6. Severability. The provisions of this section shall be severable and and if any portion thereof or the applicability thereof to any person or circumstances shall be held to be invalid, the remainder of  this  title and the application thereof shall not be affected thereby.