NY Env Conserv L § 37-0901 (2021)
2021 New York Laws ENV - Environmental Conservation Article 37 - Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment Title 9 - Toxic Chemicals in Children's Products 37-0901 - Definitions.

§ 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 clothing. Children's apparel does not mean protective equipment designed to prevent injury, including,  but  not  limited  to,  bicycle  helmets, athletic supporters, knee pads or elbow pads.   2.  "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.   3.  "  Chemical  of  concern"  means  a  chemical  identified  by  the department  by  rule  pursuant  to subdivision one of section 37-0905 of this title.   4. "Children" means a person or persons aged twelve and under.   5. "Children's product" means a consumer  product  primarily  intended for,  made  for  or marketed for use by children, such as baby products, toys, car seats, school supplies, personal care products as  defined  in section  37-0117  of this article, a product designed or intended by the manufacturer to help a child with sucking  or  teething,  to  facilitate sleep,  relaxation,  or  the  feeding of a child, and children's novelty products, children's jewelry as  defined  in  section  37-0115  of  this article,   children's  bedding,  furniture,  furnishings,  and  apparel. "Children's product"  does  not  include  (a)  batteries;  (b)  consumer electronic  products and their component parts including but not limited to personal computers, audio and video equipment, calculators,  wireless phones,  game  consoles,  video  toys  that  can be connected to a video screen and are operated at a nominal voltage exceeding twenty-four volts and handheld devices  incorporating  a  video  screen,  used  to  access interactive  software  and their associated peripherals, accessories and peripherals to children's electronic products including plugs, keyboards and  headphones,  interactive  software,  intended   for   leisure   and entertainment,  such as computer games, and their storage media, such as compact  disks;  or  (c)  sporting  equipment  including  bicycles   and tricycles,  skis, snow boards, sleds, and roller skates; and hunting and fishing equipment or components  thereof;  (d)  science  kits  including chemistry sets and model rockets; (e) toy engines and sets of darts with metallic points; (f) motor vehicles or their component parts, watercraft or their component parts, all-terrain vehicles or their component parts, or off-highway motorcycles or their component parts.   6.  "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 by  the  United  States  Food  and  Drug Administration;  or  (b) a drug, biologic or medical device regulated by the United States Food and Drug Administration.   7. "Distributor" means a  person  who  sells  children's  products  to retail establishments on a wholesale basis.   8.  "Manufacturer"  means  any  person  who  currently  manufactures a children's product or whose brand name  is  affixed  to  the  children's product.  In the case of a children's product that was imported into the United States, "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.    9. "Practical quantification limit" means the lowest level that can be reliably  achieved  within  specified  limits  of precision and accuracy during routine laboratory operating conditions.   10.  "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.   11. "Intentionally added chemical" means a chemical in a product  that serves an intended function in the product component.   12.  "Toy" means a product designed or intended by the manufacturer to be used by children at play.   13. "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.   14. "Very persistent" means having a half-life greater than  or  equal to  one of the following: (a) a half-life in soil or sediment of greater than one hundred eighty days; (b) a half-life greater than or  equal  to sixty days in water or evidence of long-range transport.   15.  "Very  bioaccumulative" means having a bioconcentration factor or bioaccumulation factor greater than or equal to  five  thousand,  or  if neither are available, having a log Kow greater than 5.0.