N.Y. Environmental Conservation Law § 37-0907: Reporting on the use of chemicals

§ 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 product for sale or distribution in

this state that contains a chemical of concern or a high-priority

chemical shall report such chemical use at or above practical

quantification limits to the department, provided however, that the

department may, through regulation, establish an alternative threshold

for the reporting of trace contaminants.

(a) This report must at a minimum identify the children's product, the

high-priority chemical or chemicals of concern contained in the

children's product and the intended purpose of such chemicals. The

department may also require reporting of the following information:

(i) the amount of such chemical in the children's product; or

(ii) information on the likelihood that the chemical will be released

from the children's product to the environment during the product's life

cycle and the extent to which users of the product are likely to be

exposed to the chemical.

(b) The department is authorized to direct submission of such report

to the interstate chemicals clearinghouse and may otherwise provide for

reciprocal data sharing with other states which require reporting of the

same information.

2. Waiver of reporting. Upon application by a manufacturer, the

commissioner may waive all or part of the reporting requirements under

subdivision one of this section for one or more specified uses of a

high-priority chemical. In making such determination, the commissioner

may consider: (a) if substantially equivalent information is already

publicly available or that the information is not needed for the

purposes of this chapter, (b) similar waivers granted by other states,

and (c) whether the specified use or uses are minor in volume.

3. Fees. The manufacturer shall pay a fee upon submission of a report

of chemical use pursuant to subdivision one of this section or a waiver

request pursuant to subdivision two of this section to cover the

department's reasonable costs in the administration and enforcement of

this title. Exclusive of fines and penalties, the state shall only

recover its actual cost of administration and enforcement.