Bill Text: NY A06295 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to prohibiting household cleansing products and personal cosmetic products that contain 1,4-dioxane.

Spectrum: Partisan Bill (Democrat 38-0)

Status: (Introduced) 2019-04-09 - reported referred to ways and means [A06295 Detail]

Download: New_York-2019-A06295-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6295
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting   household   cleansing  products  and  personal  cosmetic
          products that contain 1,4-dioxane
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  35-0105 of the environmental conservation law is
     2  amended by adding a new subdivision 4 to read as follows:
     3    4. No household cleansing product shall be distributed, sold,  offered
     4  or  exposed for sale in this state which contains 1,4-dioxane other than
     5  such trace concentrations as may be authorized by the  commissioner,  in
     6  consultation with the department of health, by regulations.
     7    §  2.  The  environmental  conservation law is amended by adding a new
     8  section 37-0115 to read as follows:
     9  § 37-0115. Prohibition  of   personal   cosmetic   products   containing
    10               1,4-dioxane.
    11    1.  The  term  "personal  cosmetic product" shall mean any article (a)
    12  intended to be rubbed, poured,  sprinkled,  or  sprayed  on,  introduced
    13  into,  or  otherwise  applied  to the human body or any part thereof for
    14  cleansing,  beautifying,  promoting  attractiveness,  or  altering   the
    15  appearance, and (b) intended for use as a component of any such article.
    16  The  term  "personal cosmetic product" shall not include any product for
    17  which a prescription is required for  distribution  or  dispensation  as
    18  provided  in  section two hundred eighty-one of the public health law or
    19  section six thousand eight hundred ten of the education law.
    20    2. No person shall sell or offer for sale any personal cosmetic  prod-
    21  uct  containing 1,4-dioxane, other than such trace concentrations as may
    22  be authorized by the commissioner, in consultation with  the  department
    23  of health, by regulation.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10243-02-9

        A. 6295                             2
     1    3.  The  department  is  authorized to promulgate such rules and regu-
     2  lations as it shall deem necessary to implement the provisions  of  this
     3  section.
     4    4.  A  manufacturer  of a product that is subject to the provisions of
     5  this section, may apply to the department for a waiver of  the  require-
     6  ments  for  a period of one year, upon proof that there are no available
     7  alternatives to 1,4-dioxane in  a  personal  cosmetic  product  that  is
     8  subject  to the provisions of this section. After the granting of such a
     9  waiver to a manufacturer, it may thereafter apply for one additional one
    10  year waiver.
    11    § 3. Section 71-3703 of the environmental conservation law is  amended
    12  by adding a new subdivision 4 to read as follows:
    13    4.  Any  person who violates any of the provisions of, or who fails to
    14  perform any duty imposed by section 37-0115 or any  rule  or  regulation
    15  promulgated  pursuant hereto, shall be liable for a civil penalty not to
    16  exceed one thousand dollars for each day  during  which  such  violation
    17  continues,  and  in  addition  thereto, such person may be enjoined from
    18  continuing such violation. Such person shall for a second  violation  be
    19  liable  to the people of the state for a civil penalty not to exceed two
    20  thousand five hundred dollars for each day during which  such  violation
    21  continues.
    22    § 4. This act shall take effect December 31, 2021.
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