Bill Text: NY A04924 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits the sale of personal care products or cosmetics containing microbeads.

Spectrum: Moderate Partisan Bill (Democrat 18-5)

Status: (Introduced - Dead) 2015-12-30 - enacting clause stricken [A04924 Detail]

Download: New_York-2015-A04924-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4924
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2015
                                      ___________
       Introduced  by  M.  of A. SCHIMEL, ENGLEBRIGHT, COOK, JAFFEE, McDONOUGH,
         MONTESANO, GOODELL, LIFTON -- Multi-Sponsored by -- M.  of  A.  GLICK,
         MOSLEY,  PERRY,  RIVERA,  ROBINSON, STECK -- read once and referred to
         the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting the sale of personal care products or cosmetics containing
         microbeads
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 37-0115 to read as follows:
    3  S  37-0115.  PROHIBITION OF SALE OF PERSONAL CARE PRODUCTS AND COSMETICS
    4                 CONTAINING MICROBEADS.
    5    1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
    6  NY OR CORPORATION SHALL  SELL  OR  OFFER  FOR  SALE  ANY  PERSONAL  CARE
    7  PRODUCTS OR COSMETICS CONTAINING MICROBEADS WITHIN NEW YORK STATE.
    8    2.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
    9  LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
   10  SECTION.
   11    S  2. Section 37-0101 of the environmental conservation law is amended
   12  by adding three new subdivisions 7, 8 and 9 to read as follows:
   13    7. "MICROBEADS" MEANS MICRO POLYMER PARTICLES, LESS THAN FIVE MILLIME-
   14  TERS IN DIAMETER, THAT IS MADE OF SYNTHETIC OR SEMI-SYNTHETIC  POLYMERIC
   15  MATERIALS  SUCH AS, BUT NOT LIMITED TO, POLYETHYLENE (PE), POLYPROPYLENE
   16  (PP), POLYETHYLENE TEREPHTHALATE (PET), POLYMETHYL METHACRYLATE  (PMMA),
   17  OR A COMBINATION OF SUCH POLYMERS.
   18    8.  "PERSONAL  CARE PRODUCTS" MEANS CONSUMER PRODUCTS MANUFACTURED FOR
   19  USE IN PERSONAL HYGIENE AND BEAUTIFICATION. PERSONAL CARE PRODUCTS SHALL
   20  INCLUDE, BUT ARE NOT LIMITED TO, ANTIBACTERIAL SOAPS,  HAND  SOAPS,  BAR
   21  SOAPS, LIQUID SOAPS, BODY WASHES, LOTIONS, MOISTURIZERS, FACIAL AND BODY
   22  CLEANERS,  FACIAL  MASKS,  EXFOLIATING  FACIAL  SCRUBS, SUNSCREENS, ACNE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06170-01-5
       A. 4924                             2
    1  TREATMENT PRODUCTS, SHAMPOOS, CONDITIONERS, TOOTHPASTES, SHAVING  CREAMS
    2  AND GELS, AND FOOT CARE PRODUCTS.
    3    9. "COSMETICS" MEANS CONSUMER PRODUCTS MANUFACTURED FOR USE IN BEAUTI-
    4  FICATION.  COSMETICS  SHALL  INCLUDE, BUT ARE NOT LIMITED TO, LIP GLOSS,
    5  LIPSTICK, LIP BALM, LIP LINER, EYE SHADOW, EYE  LINER,  MASCARA,  BLUSH,
    6  FOUNDATION,  CONCEALER,  POWDER,  PRIMER, BLEMISH COVER STICKS, BRONZER,
    7  SKIN LIGHTENING CREAM, AND HAIR AND MAKEUP REMOVER PRODUCTS.
    8    S 3. Section 71-3703 of the environmental conservation law is  amended
    9  by adding a new subdivision 4 to read as follows:
   10    4.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
   11  COMPANY, OR CORPORATION WHO VIOLATES ANY OF THE  PROVISIONS  OF  SECTION
   12  37-0115  OR ANY RULE OR REGULATION PROMULGATED PURSUANT HERETO, SHALL BE
   13  LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS  FOR  EACH
   14  DAY DURING WHICH SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH
   15  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY, OR
   16  CORPORATION MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON,
   17  FIRM, PARTNERSHIP, ASSOCIATION, LIMITED  LIABILITY  COMPANY,  OR  CORPO-
   18  RATION SHALL FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE
   19  FOR  A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR
   20  EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   21    S 4. This act shall take effect one year and six months after it shall
   22  have become a law; provided, however,  that  effective  immediately  the
   23  addition  and/or  repeal  of  any  rule  or regulation necessary for the
   24  implementation of this act on its  effective  date  are  authorized  and
   25  directed  to  be made and completed on or before one year after this act
   26  shall have become a law.