Bill Text: NY S04389 | 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 21-2)

Status: (Engrossed) 2019-06-20 - returned to senate [S04389 Detail]

Download: New_York-2019-S04389-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4389--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 11, 2019
                                       ___________

        Introduced by Sens. KAMINSKY, BOYLE, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
          GOUNARDES,  HARCKHAM, HOYLMAN, KAPLAN, KRUEGER, LAVALLE, LIU, SALAZAR,
          SERRANO, SKOUFIS, STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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.
    15    6.  A manufacturer of a household cleansing product, otherwise subject
    16  to the requirements of subdivision four of this section,  may  apply  to
    17  the  department  for  a  one-year  waiver  from  such requirements for a
    18  specific household cleansing product, upon such proof that the  manufac-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10243-05-9

        S. 4389--B                          2

     1  turer  has  taken  steps  to  reduce the presence of 1,4-dioxane in that
     2  product and is unable to comply with  the  requirements  of  subdivision
     3  four  of  this  section.    Thereafter, a manufacturer may apply for one
     4  additional  one-year waiver for such product, upon such the satisfaction
     5  of such similar proof.
     6    7. The department is authorized to promulgate  such  rules  and  regu-
     7  lations  as  it shall deem necessary to implement the provisions of this
     8  section, including rules and regulations with respect to  any  allowable
     9  trace concentrations, consistent with the requirements of this section.
    10    §  2.  The  environmental  conservation law is amended by adding a new
    11  section 37-0115 to read as follows:
    12  § 37-0115. Prohibition of cosmetic products and personal  care  products
    13               containing 1,4-dioxane.
    14    1.  The term "cosmetic product" shall mean any article (a) intended to
    15  be rubbed, sprinkled, or  sprayed  on,  introduced  into,  or  otherwise
    16  applied to the human body or any part thereof for beautifying, promoting
    17  attractiveness,  or altering the appearance, and (b) intended for use as
    18  a component of any such article. The term "cosmetic product"  shall  not
    19  include any personal care product as defined in this section for which a
    20  prescription is required for distribution or dispensation as provided in
    21  section  two  hundred  eighty-one  of  the  public health law or section
    22  sixty-eight hundred ten of the education law.
    23    2. The term "personal care product" shall mean  any  product  intended
    24  for  cleaning  or  cleansing  any part of the body, such as the skin and
    25  hair, and including but not limited to, hair shampoo, hair  conditioner,
    26  soap,  bath gels and other bath products.  The term "personal care prod-
    27  uct" shall not include any product for which a prescription is  required
    28  for  distribution  or  dispensation  as  provided in section two hundred
    29  eighty-one of the public health law or section sixty-eight  hundred  ten
    30  of the education law.
    31    3.  No  person  shall  sell  or  offer  for  sale any cosmetic product
    32  containing 1,4-dioxane, other than such  trace  concentrations,  not  to
    33  exceed  ten  parts  per  million  by December thirty-first, two thousand
    34  twenty-two.
    35    4. No person shall sell or offer for sale any  personal  care  product
    36  containing 1,4-dioxane, other than such trace concentrations, as author-
    37  ized by the commissioner, in consultation with the department of health,
    38  by  regulation; and further, such trace concentrations for personal care
    39  products shall not exceed two parts  per  million  by  December  thirty-
    40  first,  two  thousand  twenty-two  and  one part per million by December
    41  thirty-first, two thousand twenty-three.
    42    5. No later then May first, two thousand twenty-five,  and  every  two
    43  years thereafter, the department, in consultation with the department of
    44  health,  shall  review such trace concentration thresholds and determine
    45  whether such concentrations shall be lowered  to  better  protect  human
    46  health and the environment.
    47    6.  The  department  is  authorized to promulgate such rules and regu-
    48  lations as it shall deem necessary to implement the provisions  of  this
    49  section,  including  rules and regulations with respect to any allowable
    50  trace concentrations, consistent with the requirements of this section.
    51    7. A manufacturer of a cosmetic  product  or  personal  care  product,
    52  otherwise  subject to the requirements of this section, may apply to the
    53  department for a one-year waiver from such requirements for  a  specific
    54  cosmetic  product or personal care product, and upon such proof that the
    55  manufacturer has taken steps to reduce the presence  of  1,4-dioxane  in
    56  that  product  and  is  unable  to  comply with the requirements of this

        S. 4389--B                          3

     1  section.  Thereafter, a manufacturer may apply for one  additional  one-
     2  year  waiver  for  such  product,  upon its satisfaction of such similar
     3  proof.
     4    §  3. Section 71-3703 of the environmental conservation law is amended
     5  by adding a new subdivision 4 to read as follows:
     6    4. Any person who violates any of the provisions of, or who  fails  to
     7  perform  any  duty  imposed by section 37-0115 or any rule or regulation
     8  promulgated pursuant hereto, shall be liable for a civil penalty not  to
     9  exceed  one  thousand  dollars  for each day during which such violation
    10  continues, and in addition thereto, such person  may  be  enjoined  from
    11  continuing  such  violation. Such person shall for a second violation be
    12  liable to the people of the state for a civil penalty not to exceed  two
    13  thousand  five  hundred dollars for each day during which such violation
    14  continues.
    15    § 4. This act shall take effect January 1, 2022. Effective  immediate-
    16  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    17  necessary for the implementation of this act on its effective  date  are
    18  authorized to be made and completed on or before such effective date.
feedback