[Adopted 12-4-2012 by L.L. No. 8-2013]
A.Â
This Legislature hereby finds and determines that Bisphenol A ("BPA")
is a chemical commonly contained in polycarbonate plastics, thermal
paper, epoxies, food packaging and other plastic-based materials.
This Legislature also finds and determines that BPA is a synthetic
estrogen which disrupts healthy development and can lead to an altered
immune system, hyperactivity, learning disabilities, reproductive
health problems, increased risk of breast and prostate cancer, obesity
and diabetes. This Legislature further finds and determines that the
County of Suffolk led the nation in regulating BPA when it enacted
Local Law No. 6-2009, which banned the use of BPA in beverage containers
intended for use by children under the age of three. This groundbreaking
ban has since been adopted by the European Union and finally, this
summer, was enacted nationally by the Food and Drug Administration
(FDA).
B.Â
This Legislature finds that thermal paper is used extensively throughout
the United States in receipts documenting purchases. This Legislature
determines that many thermal papers contain high concentrations of
BPA. This Legislature also finds that the BPA coating on thermal paper
can transfer onto anything it contacts, including skin. Scientific
studies have shown that BPA can be absorbed directly through the skin
into the body, and is commonly transferred from hand to mouth by those
handling these receipts. This Legislature further finds that dermal
exposure to BPA poses a risk to public health and particularly to
those whose employment requires distributions of such receipts. This
Legislature further determines that thermal paper containing BPA is
also utilized in bank receipts and at automated teller machines (ATMs)
and gas pump receipts, creating multiple and ubiquitous points of
exposure in daily life, making it difficult to avoid exposure. This
Legislature also determines that workers employed at retail and food
service industries, where BPA-containing thermal paper is most commonly
used, have an average of 30% more BPA in their bodies than adults
employed in other professions.
C.Â
This Legislature finds that there are several manufacturers that
produce thermal paper that does not contain BPA. This Legislature
further determines that the County of Suffolk should protect consumers
and retail workers from the dangerous effects of BPA by prohibiting
the use of thermal paper containing BPA. Therefore, the purpose of
this article is to prohibit the use of thermal paper containing BPA
for any sales receipt printed in the County of Suffolk.
As used in this article the following terms shall have the meanings
indicated:
Bisphenol A.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
No person shall use thermal paper containing BPA as a receipt
of purchase for any sale made in the County of Suffolk.
This article shall be enforced by the Suffolk County Department of Health Services, in accordance with the provisions of Article II, §§ 760-202 through 760-220, of the Suffolk County Sanitary Code.
The Commissioner of the Department of Health Services is hereby
authorized and empowered to promulgate such rules and regulations
as he or she deems necessary to implement this article.
Any person who knowingly violates the provisions of this article
shall be subject to a civil penalty of $50 for an initial violation
of the article and a penalty of $1,000 for each subsequent violation.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect one year immediately subsequent
to filing in the Office of the Secretary of State.
