Bill Text: NY A06295 | 2019-2020 | General Assembly | Amended
Bill Title: Prohibits household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane.
Spectrum: Strong Partisan Bill (Democrat 50-5)
Status: (Passed) 2019-12-09 - APPROVAL MEMO.34 [A06295 Detail]
Download: New_York-2019-A06295-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6295--A Cal. No. 528 2019-2020 Regular Sessions IN ASSEMBLY March 4, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, D. ROSENTHAL, BLAKE, SIMON, ROMEO, ARROYO, THIELE, ABINANTI, D'URSO, LIFTON, STIRPE, JAFFEE, DICKENS, GRIFFIN, SOLAGES, DE LA ROSA, EPSTEIN, COLTON, HYND- MAN, CRUZ, JEAN-PIERRE, L. ROSENTHAL, PICHARDO, OTIS, ZEBROWSKI, HUNT- ER, GALEF, DINOWITZ, GLICK, WILLIAMS, STECK, WEPRIN, NIOU, MAGNARELLI, CARROLL, ORTIZ, STERN, REYES, MOSLEY, PERRY, PAULIN, FAHY, ASHBY, LUPARDO, BARRON, JONES -- Multi-Sponsored by -- M. of A. COOK, SAYEGH, WRIGHT -- read once and referred to the Committee on Environmental Conservation -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Ways and Means -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the environmental conservation law, in relation to prohibiting household cleansing products, cosmetic products and personal care 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 four new subdivisions 4, 5, 6 and 7 to read as 3 follows: 4 4. No household cleansing product shall be distributed, sold, offered 5 or exposed for sale in this state which contains 1,4-dioxane other than 6 such trace concentrations; such trace concentrations shall not exceed 7 two parts per million by December thirty-first, two thousand twenty-two; 8 and further, shall not exceed one part per million by December thirty- 9 first, two thousand twenty-three. 10 5. No later then May first, two thousand twenty-five, and every two 11 years thereafter, the department, in consultation with the department of 12 health, shall review such trace concentration thresholds and determine 13 whether such concentrations shall be lowered to better protect human 14 health and the environment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10243-06-9A. 6295--A 2 1 6. A manufacturer of a household cleansing product, otherwise subject 2 to the requirements of subdivision four of this section, may apply to 3 the department for a one-year waiver from such requirements for a 4 specific household cleansing product, upon such proof that the manufac- 5 turer has taken steps to reduce the presence of 1,4-dioxane in that 6 product and is unable to comply with the requirements of subdivision 7 four of this section. Thereafter, a manufacturer may apply for one 8 additional one-year waiver for such product, upon such the satisfaction 9 of such similar proof. 10 7. The department is authorized to promulgate such rules and regu- 11 lations as it shall deem necessary to implement the provisions of this 12 section, including rules and regulations with respect to any allowable 13 trace concentrations, consistent with the requirements of this section. 14 § 2. The environmental conservation law is amended by adding a new 15 section 37-0115 to read as follows: 16 § 37-0115. Prohibition of cosmetic products and personal care products 17 containing 1,4-dioxane. 18 1. The term "cosmetic product" shall mean any article (a) intended to 19 be rubbed, sprinkled, or sprayed on, introduced into, or otherwise 20 applied to the human body or any part thereof for beautifying, promoting 21 attractiveness, or altering the appearance, and (b) intended for use as 22 a component of any such article. The term "cosmetic product" shall not 23 include any personal care product as defined in this section for which a 24 prescription is required for distribution or dispensation as provided in 25 section two hundred eighty-one of the public health law or section 26 sixty-eight hundred ten of the education law. 27 2. The term "personal care product" shall mean any product intended 28 for cleaning or cleansing any part of the body, such as the skin and 29 hair, and including but not limited to, hair shampoo, hair conditioner, 30 soap, bath gels and other bath products. The term "personal care prod- 31 uct" shall not include any product for which a prescription is required 32 for distribution or dispensation as provided in section two hundred 33 eighty-one of the public health law or section sixty-eight hundred ten 34 of the education law. 35 3. No person shall sell or offer for sale any cosmetic product 36 containing 1,4-dioxane, other than such trace concentrations, not to 37 exceed ten parts per million by December thirty-first, two thousand 38 twenty-two. 39 4. No person shall sell or offer for sale any personal care product 40 containing 1,4-dioxane, other than such trace concentrations, as author- 41 ized by the commissioner, in consultation with the department of health, 42 by regulation; and further, such trace concentrations for personal care 43 products shall not exceed two parts per million by December thirty- 44 first, two thousand twenty-two and one part per million by December 45 thirty-first, two thousand twenty-three. 46 5. No later then May first, two thousand twenty-five, and every two 47 years thereafter, the department, in consultation with the department of 48 health, shall review such trace concentration thresholds and determine 49 whether such concentrations shall be lowered to better protect human 50 health and the environment. 51 6. The department is authorized to promulgate such rules and regu- 52 lations as it shall deem necessary to implement the provisions of this 53 section, including rules and regulations with respect to any allowable 54 trace concentrations, consistent with the requirements of this section. 55 7. A manufacturer of a cosmetic product or personal care product, 56 otherwise subject to the requirements of this section, may apply to theA. 6295--A 3 1 department for a one-year waiver from such requirements for a specific 2 cosmetic product or personal care product, and upon such proof that the 3 manufacturer has taken steps to reduce the presence of 1,4-dioxane in 4 that product and is unable to comply with the requirements of this 5 section. Thereafter, a manufacturer may apply for one additional one- 6 year waiver for such product, upon its satisfaction of such similar 7 proof. 8 § 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 who violates any of the provisions of, or who fails to 11 perform any duty imposed by section 37-0115 or any rule or regulation 12 promulgated pursuant hereto, shall be liable for a civil penalty not to 13 exceed one thousand dollars for each day during which such violation 14 continues, and in addition thereto, such person may be enjoined from 15 continuing such violation. Such person shall for a second violation be 16 liable to the people of the state for a civil penalty not to exceed two 17 thousand five hundred dollars for each day during which such violation 18 continues. 19 § 4. This act shall take effect January 1, 2022. Effective immediate- 20 ly, the addition, amendment and/or repeal of any rule or regulation 21 necessary for the implementation of this act on its effective date are 22 authorized to be made and completed on or before such effective date.