2023 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 › 37-0911 - Children's Product Safety Council; Established.

§  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
chair of the council;
(b) the commissioner of health or his or her designee;
(c) a designee of the commissioner  with  expertise  in  epidemiology,
toxicology or health risk assessment;
(d)  a  designee  of  the  commissioner  of  health  with expertise in
epidemiology, toxicology or health risk assessment; and
(e) six members appointed by  the  governor,  two  of  whom  shall  be
recommended  by  the  temporary  president of the senate, and two by the
speaker of the assembly.
2. (a) Of the four members appointed to the children's product  safety
council and recommended by the temporary president of the senate and the
speaker  of  the assembly, the temporary president of the senate and the
speaker of the assembly shall each recommend:
(i) one member who has expertise in pediatrics; and
(ii) one member who has a background or  expertise  in  toxicology  or
health risk assessment.
(b)  Of the two additional members appointed to the children's product
safety council, the governor shall appoint members who have a background
in environmental health and safety, risk assessment or medicine.
(c) The members of such council appointed pursuant to paragraph (e) of
subdivision one of this section shall serve terms of two years.
(d) The members appointed pursuant to paragraph (e) of subdivision one
of this section shall each serve his or her term of office or until  his
or her successor is appointed; provided that any vacancy in the position
of  an  appointed  member  shall  be  filled  in  the same manner as the
original appointment and only for the unexpired term of the vacancy.
3. The members of the children's product safety council shall  receive
no  compensation  for  their services, but shall be allowed their actual
and necessary expenses incurred  in  the  performance  of  their  duties
pursuant to this title.
4.  The children's product safety council shall meet at such times and
places as may be determined by its chair. The council shall  meet  at  a
minimum  of two times per year. All meetings shall be open to the public
pursuant to article seven of the public officers law. A majority of  the
members of such council shall constitute a quorum for the transaction of
business.  Action  may be taken, and motions and resolutions adopted, at
any meeting by the affirmative vote of a majority of the full membership
of the council.
5. (a) The  council  shall  make  recommendations  to  the  department
relating   to   those  chemicals,  which  the  department  may  list  as
high-priority chemicals pursuant to section 37-0905 of this  title.  The
council  shall provide the department with its first list of recommended
high-priority chemicals no later than one year from the initial  meeting
of  the  council,  and  the  council  shall  update  the  list  annually
thereafter. In  determining  what  chemicals  shall  be  recommended  as
high-priority  chemicals  the  council shall, at a minimum, consider the
criteria of paragraph (b) of subdivision two of section 37-0905 of  this
title;
(b)  The council shall make recommendations to the department relating
to those chemicals which should be prohibited by the department pursuant
to subdivision two of section 37-0909 of this title.
(i)  In  determining  what  chemicals   shall   be   recommended   for
prohibition,  the  council shall, at a minimum, consider those chemicals

listed as high-priority chemicals pursuant to section  37-0905  of  this
title.
(ii)  The  council shall provide the department with its first list of
such chemicals no later than two years from the initial meeting  of  the
council.  The  council  shall update the list, including a review of the
chemicals listed as high-priority chemicals pursuant to section  37-0905
of this title, annually thereafter.
6.  The children's product safety council shall be entitled to request
and receive information from any  state,  municipal  department,  board,
commission  or  agency  that may be required or are deemed necessary for
the purposes of such council.
7. Before the council advances any recommendation to  the  department,
the  council  shall  provide  an  opportunity for public and stakeholder
comments. Final recommendations of the council shall be  posted  on  the
department's  website  within  thirty days after the council adopts such
recommendations.