Bill Text: NY A00164 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to menstrual product labeling; requires label affixed thereto or a package insert, upon which there shall be plainly and conspicuously printed a list of all ingredients which shall be listed in order of predominance.

Spectrum: Partisan Bill (Democrat 44-1)

Status: (Passed) 2019-10-11 - SIGNED CHAP.362 [A00164 Detail]

Download: New_York-2019-A00164-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         164--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by  M.  of A. L. ROSENTHAL, SIMON, SEAWRIGHT, ROZIC, JAFFEE,
          NIOU, WRIGHT, DICKENS,  GALEF,  WALLACE,  HYNDMAN,  BICHOTTE,  ARROYO,
          ENGLEBRIGHT,  PICHARDO,  RIVERA, D'URSO, TAYLOR, GOTTFRIED, B. MILLER,
          BARRON, BLAKE, LAVINE, EPSTEIN, THIELE, SIMOTAS, RAYNOR, CRUZ, FERNAN-
          DEZ, ORTIZ, SAYEGH, DE LA ROSA, SOLAGES, REYES, BUTTENSCHON, D. ROSEN-
          THAL, MOSLEY, ROMEO, JEAN-PIERRE, GRIFFIN -- Multi-Sponsored by --  M.
          of  A.  COOK,  HEVESI  --  read  once and referred to the Committee on
          Consumer Affairs and  Protection  --  reported  and  referred  to  the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the general business law, in relation to menstrual prod-
          uct labeling

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-aaaa to read as follows:
     3    §  399-aaaa.  Menstrual  product  labeling.  1.  For  purposes of this
     4  section:
     5    (a) "ingredient" shall mean a substance present in any quantity in the
     6  menstrual product;
     7    (b) "menstrual product" shall mean products used for  the  purpose  of
     8  catching  menstruation  and vaginal discharge, including but not limited
     9  to tampons, pads, and menstrual  cups.  These  products  may  be  either
    10  disposable or reusable.
    11    2.  No later than eighteen months after this section shall have become
    12  a law, each package or box containing menstrual products  sold  in  this
    13  state shall contain a plain and conspicuous printed list of all ingredi-
    14  ents  with percentages of the components of the menstrual products. Such
    15  list shall either be printed on the package or affixed thereto.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00527-04-9
        A. 164--A                           2

     1    3. Manufacturers of such menstrual products shall also provide  labels
     2  for  product  dispensers  which  provide an individual with a single use
     3  menstrual product, where the individual is not obtaining  the  menstrual
     4  product in its original package or box.
     5    4.  The  requirements  of  this section shall apply in addition to any
     6  other labeling requirements established pursuant to any other  provision
     7  of law.
     8    5.  Whenever a violation of this section has occurred, a civil penalty
     9  of one percent of total annual in-state sales not to exceed  up  to  one
    10  thousand  dollars per package or box shall be imposed on the manufactur-
    11  er. Where the manufacturer has failed to provide  a  label  for  product
    12  dispensers  pursuant  to subdivision three of this section, the manufac-
    13  turer shall be in violation of this section and a civil penalty  of  one
    14  percent  of total annual in-state sales not to exceed up to one thousand
    15  dollars shall be imposed.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law. Effective immediately, the addition,  amend-
    18  ment and/or repeal of any rule or regulation necessary for the implemen-
    19  tation  of  this act on its effective date are authorized to be made and
    20  completed on or before such effective date.