2023 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.