New York Assembly Bill A02133 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2133--A 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the environmental conservation law, in relation to prohibiting the sale of medical solution containers made with PVC, intentionally added DEHP, and establishes acceptable limits for unin- tentionally added DEHP The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 37 of the environmental conservation law is amended 2 by adding a new title 8 to read as follows: 3 TITLE VIII 4 MEDICAL SOLUTION CONTAINERS 5 Section 37-0801. Definitions. 6 37-0803. Medical solution containers. 7 § 37-0801. Definitions. 8 For purposes of this title, the following terms shall have the follow- 9 ing meanings: 10 1. "DEHP" means Di(2-ethylhexyl) phthalate. 11 2. "Intentionally added DEHP" means DEHP that a manufacturer has 12 intentionally added to an intravenous or other specified medical 13 solution container or medical tubing product and that has a functional 14 or technical effect on the product. 15 3. "Medical solution container" means a container used to house medi- 16 cine, fluid, or nutrition therapy that is administered intravenously or 17 through the mouth, nose, stomach or intestines to patients in a hospi- 18 tal, outpatient, or other health care facility. 19 4. "Medical tubing" means any tubing used to administer fluids, medi- 20 cation, or nutrients directly to an adult, child, or infant, including: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02500-06-5 
 A. 2133--A 2 1 (a) intravenous tubing used to administer fluids, medication or paren- 2 teral nutrition directly into the bloodstream of an adult, child or 3 infant; and 4 (b) medical tubing used to deliver enteral nutrition or medication to 5 a patient's digestive system. 6 5. "Ortho-phthalates" means a class of chemicals that are esters of 7 ortho-phthalic acid. 8 6. "PVC" means polyvinyl chloride, the polymerization of a vinyl chlo- 9 ride monomer, and is also known as poly(1-chloroethylene), or polychlo- 10 roethene. 11 7. "Unintentionally added DEHP" means DEHP in an intravenous or speci- 12 fied medical solution container or medical tubing product that is not 13 used for a functional or technical effect on the product. 14 § 37-0803. Medical solution containers. 15 1. Beginning January first, two thousand thirty, no person or entity 16 shall manufacture, sell, or distribute into commerce in New York medical 17 solution containers made with PVC or intentionally added DEHP. 18 2. Beginning January first, two thousand thirty-three, no person or 19 entity shall manufacture, sell, or distribute into commerce in New York 20 medical tubing made with PVC or intentionally added DEHP. 21 3. No person or entity shall replace DEHP, pursuant to this title, for 22 revised or new products with other ortho-phthalates. 23 4. A medical solution container or medical tubing product shall not 24 have unintentionally added DEHP present at a quantity at or above 0.1 25 percent weight per weight (%w/w). 26 § 2. This act shall take effect immediately.