Rockland County, NY
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2024-02-06
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The Code
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Part II: General Legislation
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Chapter 331 Retail Sales
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Article X Products Containing BPA
- The Charter
- Ch C Charter
- The Code
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Abandoned and Lost Property
- Ch 5 Administrative Code
- Ch 9 Adult Homes, Committee to Monitor
- Ch 11 Agricultural and Farm Protection Board
- Ch 15 Awards and Recognition
- Ch 18 Beautification Commission
- Ch 22 Boards and Commissions
- Ch 23 Building Construction
- Ch 24 Cemeteries
- Ch 27 Community Action Agency
- Ch 31 Community Services Board
- Ch 35 Consumer Protection, Office of
- Ch 37 Correctional Facility
- Ch 39 Credit Card Payments
- Ch 39A County Property
- Ch 40 Department of Information Technology Services
- Ch 45 Defense and Indemnification
- Ch 50 Deferred Compensation Plan
- Ch 51 (Reserved)
- Ch 53 Drainage Agency
- Ch 56 Emergency Rescue Services
- Ch 58 (Reserved)
- Ch 61 Environmental Management Council
- Ch 62 Environmental Resources Division
- Ch 66 Ethics, Code of
- Ch 70 Fiscal Policy
- Ch 72 Flag, County
- Ch 73 Fund Balance Reserve Account
- Ch 74 General Services, Department of
- Ch 75 Greenspace Preservation Reserve Fund
- Ch 75A Historic Preservation
- Ch 76 Homeowners' Protection Board
- Ch 80 Hospital, Public
- Ch 82 Hudson River Riverfront Preservation/Reclamation
- Ch 85 Insurance, Department of
- Ch 87 Investment Policy
- Ch 92 Labor Relations, Department of
- Ch 94 Lease of Property
- Ch 97 Legal Aid
- Ch 101 Legislature, County
- Ch 108 Mass Transportation
- Ch 115 Medical Examiner
- Ch 118 Municipal Utility Coalition
- Ch 119 (Reserved)
- Ch 120 Notifications and Alerts
- Ch 121 Officers and Employees
- Ch 123 Open Government
- Ch 128 Park Commission
- Ch 135 People With Disabilities, Office for
- Ch 137 Pollution Control
- Ch 139 Printing and Mail Facilities
- Ch 140 Procurement Policy
- Ch 141 Publication of Legislation
- Ch 142 Purchasing Agent
- Ch 149 Rules of the Legislature
- Ch 155 Safety Council
- Ch 159 Salaries
- Ch 165 Sewer Agency; Sewer District
- Ch 169 Sheriff
- Ch 172 Solid Waste Management Authority
- Ch 175 Tobacco Asset Securitization Corporation
- Ch 177 Traffic Safety Board
- Ch 178 Water Resources Management
- Ch 180 Travel Demand Management Program
- Ch 189 Workers' Compensation Self-Insurance Plan
- Ch 195 Youth Agencies
- Part II: General Legislation
- Ch 211 Advertising
- Ch 212 Animal Control Organizations
- Ch 213 Apprenticeship Training Programs
- Ch 214 Automated Teller Machines
- Ch 215 (Reserved)
- Ch 217 Bicycles
- Ch 219 Box Cutters, Sale and Possession of
- Ch 220 Building Construction
- Ch 223 Campaign Finance Reform
- Ch 224 Carbon Monoxide Detectors
- Ch 225 (Reserved)
- Ch 227 Day Care and Home Care
- Ch 230 Dogs and Other Animals
- Ch 232 Domestic Partner Registry
- Ch 234 Drones
- Ch 235 Drugs and Drug Paraphernalia
- Ch 250 Electricians and Electrical Inspections
- Ch 252 Empire Zones
- Ch 252A Energy Programs
- Ch 253 Environmental Protection
- Ch 254 Ephedra Products
- Ch 261 Fair Housing
- Ch 263 Fees and Charges
- Ch 264 Fertilizer
- Ch 265 Fire Insurance Claims
- Ch 266 Fireworks
- Ch 267 Food Service
- Ch 270 Freshwater Wetlands
- Ch 274 Fuels, Sale of
- Ch 277 Funerals
- Ch 278 Furniture, Sale of
- Ch 279 Gender-Motivated Violence, Protection Against
- Ch 280 Ground Meat, Sale of
- Ch 282 Hazardous Materials Notification
- Ch 283 Health Clubs
- Ch 284 Highway Construction
- Ch 286 Home Improvement Contractors
- Ch 287 (Reserved)
- Ch 289 Housing
- Ch 290 Human Rights
- Ch 291 Irrigation Systems
- Ch 293 Laser Pointing Devices
- Ch 295 Littering
- Ch 300 Mercury, Products Containing
- Ch 301 Methamphetamine Production
- Ch 302 Mobile Homes
- Ch 303 Moshing
- Ch 304 Multiple Dwellings
- Ch 309 Nuisances, Public
- Ch 312 Obscene Material
- Ch 315 Parks
- Ch 317 Pesticide Notification
- Ch 317A Pharmacies
- Ch 318 Phones, Cellular
- Ch 319 Plumbers; Heating and Cooling Contractors
- Ch 323 Political Contributions
- Ch 327 Prior Notice of Defects
- Ch 328 Prohormones & Precursors to Hormones, Products Containing
- Ch 329 Records, Access to
- Ch 330 Recycling
- Ch 331 Retail Sales
- Ch 331 Art X Products Containing BPA
- § 331-49 Title.
- § 331-50 Findings and intent.
- § 331-51 Definitions.
- § 331-52 Prohibition.
- § 331-53 Enforcement; penalties for offenses.
- § 331-54 Applicability.
- § 331-55 When effective.
- Ch 338 Scooters, In-Line Skates, Roller Skates and Skateboards
- Ch 340 Secondhand Precious Metals or Gems
- Ch 345 Sewers
- Ch 347 Sex Offenders
- Ch 349 Smoking
- Ch 350 Solid Waste
- Ch 351 Spring Traps
- Ch 353 Stream Conservation
- Ch 354 Tanning Facilities
- Ch 355 Taxation
- Ch 357 Tax-Delinquent Property
- Ch 362 Theater Promoters
- Ch 363 Third-Party Food Delivery Services
- Ch 369 Transient Merchants
- Ch 371 Trapping
- Ch 375 Vehicles and Traffic
- Ch 377 Vehicles, Idling of
- Ch 378 Veterans
- Ch 388 Waterfowl, Feeding of
- Ch 388A Weapons, Imitation and Replica
- Ch 389 Wells
- Ch 390 Wireless 911 Calls, Routing of
- Ch 394 Wreckers and Towers
- Appendix
- Ch A601 Acts of the Legislature Applicable to Rockland County
- Disposition List
- Ch DL Disposition List
[Adopted 4-20-2010 by L.L. No. 5-2010]
This article shall be known as "The BPA-Free Children and Babies
Law."
A.
Bisphenol A (BPA) is a chemical commonly contained in polycarbonate
plastics, including baby bottles and pacifiers designed for use by
young children. Furthermore, BPA in beverage containers such as baby
bottles and "sippy" cups manufactured with the chemical is released
into drinks when those containers are warmed.
B.
Studies show that BPA is a synthetic estrogen that disrupts healthy
human development and has been linked to a variety of diseases, including
an increased risk of diseases or disorders of the brain, reproductive
system, and immune system; problems with liver function testing; diabetes
and heart disease; interruptions in chemotherapy treatment and hormonal
disturbances. Additionally, BPA has been shown to pose a significant
health risk to infants and young children as younger developing kidneys
tend to retain the toxin in their bodies longer than the kidneys of
older children and adults, and this age group has been found to have
the highest levels of BPA exposure.
C.
A number of states and municipalities as well as the federal government
have either passed or are considering a ban on BPA in products intended
for use by young children.
D.
The purpose of this article is to ensure the continued protection
of the public health, safety and general welfare of all County residents,
specifically the County's infants and young children, whose growing
bodies are most vulnerable to the harmful health effects of BPA.
As used in this article, the following terms shall have the
meanings indicated:
Bisphenol A.
All products designed or intended by the manufacturer to
help with the feeding of children, including but not limited to baby
bottles, baby bottle liners, nipples and sippy cups.
The County of Rockland, New York.
Ay natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
All products such as pacifiers and teething rings designed
or intended by the manufacturer to be used to provide relief from
gum discomfort or to facilitate sleep or relaxation.
No person shall sell or offer for sale within the County any
children's beverage container or sucking/teething product that contains
BPA.
Any person who violates the provisions of this article shall
be subject to the imposition by the Rockland County Department of
Consumer Protection of a civil penalty of $500 for an initial violation,
and $1,000 for each subsequent violation. No civil penalty shall be
imposed by the Rockland County Department of Consumer Protection as
provided for herein unless the alleged violator has received notice
of the charge against him or her and has had an opportunity to be
heard pursuant to the normal procedures of the Rockland County Department
of Consumer Protection. Prior to the imposition of the first civil
penalty on an alleged violator, the Rockland County Department of
Consumer Protection shall make a good-faith effort to issue a warning
to the alleged violator and shall make a good-faith effort to educate
the alleged violator about the provisions of this article.
This article shall apply to any and all actions occurring on
or after the effective date of this article.
This article shall take effect 90 days after it is filed with
the New York State Secretary of State.
