§ 37-0911 — Children's product safety council; established

New York § 37-0911

• 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

§ 37-0911. Children's product safety council; established. 1. There\nshall be established, within the department, the children's product\nsafety council. Such council shall be composed of ten members as\nfollows:\n (a) the commissioner, or the commissioner's designee, who shall be the\nchair of the council;\n (b) the commissioner of health or his or her designee;\n (c) a designee of the commissioner with expertise in epidemiology,\ntoxicology or health risk assessment;\n (d) a designee of the commissioner of health with expertise in\nepidemiology, toxicology or health risk assessment; and\n (e) six members appointed by the governor, two of whom shall be\nrecommended by the temporary president of the senate, and two by the\nspeaker of the assembly.\n 2. (a) Of the four members appointed to the children's product safety\ncouncil and recommended by the temporary president of the senate and the\nspeaker of the assembly, the temporary president of the senate and the\nspeaker of the assembly shall each recommend:\n (i) one member who has expertise in pediatrics; and\n (ii) one member who has a background or expertise in toxicology or\nhealth risk assessment.\n (b) Of the two additional members appointed to the children's product\nsafety council, the governor shall appoint members who have a background\nin environmental health and safety, risk assessment or medicine.\n (c) The members of such council appointed pursuant to paragraph (e) of\nsubdivision one of this section shall serve terms of two years.\n (d) The members appointed pursuant to paragraph (e) of subdivision one\nof this section shall each serve his or her term of office or until his\nor her successor is appointed; provided that any vacancy in the position\nof an appointed member shall be filled in the same manner as the\noriginal appointment and only for the unexpired term of the vacancy.\n 3. The members of the children's product safety council shall receive\nno compensation for their services, but shall be allowed their actual\nand necessary expenses incurred in the performance of their duties\npursuant to this title.\n 4. The children's product safety council shall meet at such times and\nplaces as may be determined by its chair. The council shall meet at a\nminimum of two times per year. All meetings shall be open to the public\npursuant to article seven of the public officers law. A majority of the\nmembers of such council shall constitute a quorum for the transaction of\nbusiness. Action may be taken, and motions and resolutions adopted, at\nany meeting by the affirmative vote of a majority of the full membership\nof the council.\n 5. (a) The council shall make recommendations to the department\nrelating to those chemicals, which the department may list as\nhigh-priority chemicals pursuant to section 37-0905 of this title. The\ncouncil shall provide the department with its first list of recommended\nhigh-priority chemicals no later than one year from the initial meeting\nof the council, and the council shall update the list annually\nthereafter. In determining what chemicals shall be recommended as\nhigh-priority chemicals the council shall, at a minimum, consider the\ncriteria of paragraph (b) of subdivision two of section 37-0905 of this\ntitle;\n (b) The council shall make recommendations to the department relating\nto those chemicals which should be prohibited by the department pursuant\nto subdivision two of section 37-0909 of this title.\n (i) In determining what chemicals shall be recommended for\nprohibition, the council shall, at a minimum, consider those chemicals\nlisted as high-priority chemicals pursuant to section 37-0905 of this\ntitle.\n (ii) The council shall provide the department with its first list of\nsuch chemicals no later than two years from the initial meeting of the\ncouncil. The council shall update the list, including a review of the\nchemicals listed as high-priority chemicals pursuant to section 37-0905\nof this title, annually thereafter.\n 6. The children's product safety council shall be entitled to request\nand receive information from any state, municipal department, board,\ncommission or agency that may be required or are deemed necessary for\nthe purposes of such council.\n 7. Before the council advances any recommendation to the department,\nthe council shall provide an opportunity for public and stakeholder\ncomments. Final recommendations of the council shall be posted on the\ndepartment's website within thirty days after the council adopts such\nrecommendations.\n