§ 37-0901 — Definitions

New York § 37-0901

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Toxic Chemicals In Children's Products
• Art. 37: Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment

Text

§ 37-0901. Definitions.\n As used in this title, unless the context otherwise indicates, the\nfollowing terms have the following meanings.\n 1. "Children's apparel" means any item of clothing that consists of\nfabric or related material intended or promoted for use in children's\nclothing. Children's apparel does not mean protective equipment designed\nto prevent injury, including, but not limited to, bicycle helmets,\nathletic supporters, knee pads or elbow pads.\n 2. "Chemical" means a substance with a distinct molecular composition\nor a group of structurally related substances and includes the breakdown\nproducts of the substance or substances that form through decomposition,\ndegradation or metabolism.\n 3. " Chemical of concern" means a chemical identified by the\ndepartment by rule pursuant to subdivision one of section 37-0905 of\nthis title.\n 4. "Children" means a person or persons aged twelve and under.\n 5. "Children's product" means a consumer product primarily intended\nfor, made for or marketed for use by children, such as baby products,\ntoys, car seats, school supplies, personal care products as defined in\nsection 37-0117 of this article, a product designed or intended by the\nmanufacturer to help a child with sucking or teething, to facilitate\nsleep, relaxation, or the feeding of a child, and children's novelty\nproducts, children's jewelry as defined in section 37-0115 of this\narticle, children's bedding, furniture, furnishings, and apparel.\n"Children's product" does not include (a) batteries; (b) consumer\nelectronic products and their component parts including but not limited\nto personal computers, audio and video equipment, calculators, wireless\nphones, game consoles, video toys that can be connected to a video\nscreen and are operated at a nominal voltage exceeding twenty-four volts\nand handheld devices incorporating a video screen, used to access\ninteractive software and their associated peripherals, accessories and\nperipherals to children's electronic products including plugs, keyboards\nand headphones, interactive software, intended for leisure and\nentertainment, such as computer games, and their storage media, such as\ncompact disks; or (c) sporting equipment including bicycles and\ntricycles, skis, snow boards, sleds, and roller skates; and hunting and\nfishing equipment or components thereof; (d) science kits including\nchemistry sets and model rockets; (e) toy engines and sets of darts with\nmetallic points; (f) motor vehicles or their component parts, watercraft\nor their component parts, all-terrain vehicles or their component parts,\nor off-highway motorcycles or their component parts.\n 6. "Consumer product" means any product that is regularly used or\npurchased to be used for personal, family or household purposes.\nConsumer product shall not mean: (a) a food or beverage or an additive\nto a food or beverage regulated by the United States Food and Drug\nAdministration; or (b) a drug, biologic or medical device regulated by\nthe United States Food and Drug Administration.\n 7. "Distributor" means a person who sells children's products to\nretail establishments on a wholesale basis.\n 8. "Manufacturer" means any person who currently manufactures a\nchildren's product or whose brand name is affixed to the children's\nproduct. In the case of a children's product that was imported into the\nUnited States, "manufacturer" includes the importer or first domestic\ndistributor of the children's product if the person who currently\nmanufactures or assembles the children's product or whose brand name is\naffixed to the children's product does not have a presence in the United\nStates.\n 9. "Practical quantification limit" means the lowest level that can be\nreliably achieved within specified limits of precision and accuracy\nduring routine laboratory operating conditions.\n 10. "High-priority chemical" means (a) a chemical designated pursuant\nto paragraph (a) of subdivision two of section 37-0905 of this title;\nand\n (b) a chemical adopted by the department pursuant to paragraph (b) of\nsubdivision two of section 37-0905 of this title.\n 11. "Intentionally added chemical" means a chemical in a product that\nserves an intended function in the product component.\n 12. "Toy" means a product designed or intended by the manufacturer to\nbe used by children at play.\n 13. "Trace contaminant" means a trace amount of a chemical or\nchemicals that is incidental to manufacturing, including an unintended\nby-product of chemical reactions during the manufacture of the\nchildren's product, a trace impurity in feed-stock, an incompletely\nreacted chemical mixture, or a degradation product.\n 14. "Very persistent" means having a half-life greater than or equal\nto one of the following: (a) a half-life in soil or sediment of greater\nthan one hundred eighty days; (b) a half-life greater than or equal to\nsixty days in water or evidence of long-range transport.\n 15. "Very bioaccumulative" means having a bioconcentration factor or\nbioaccumulation factor greater than or equal to five thousand, or if\nneither are available, having a log Kow greater than 5.0.\n