Bill Text: NY A06295 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-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. LBD10243-02-9A. 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.