Bill Text: NY S04389 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: (Passed) 2019-12-09 - APPROVAL MEMO.34 [S04389 Detail]

Download: New_York-2019-S04389-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4389--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 11, 2019
                                       ___________

        Introduced   by   Sens.   KAMINSKY,  BOYLE,  BROOKS,  COMRIE,  GAUGHRAN,
          GOUNARDES, 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

        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 three new subdivisions 4, 5 and 6 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; such trace concentrations  shall  not  exceed
     6  two parts per million by December thirty-first, two thousand twenty-two;
     7  and  further,  shall not exceed one part per million by December thirty-
     8  first, two thousand twenty-three.
     9    5. A manufacturer of a household cleansing product, otherwise  subject
    10  to  the  requirements  of subdivision four of this section, may apply to
    11  the department for a  one-year  waiver  from  such  requirements  for  a
    12  specific  household cleansing product, upon such proof that the manufac-
    13  turer has taken steps to reduce the  presence  of  1,4-dioxane  in  that
    14  product  and  is  unable  to comply with the requirements of subdivision
    15  four of this section.   Thereafter, a manufacturer  may  apply  for  one
    16  additional  one-year waiver for such product, upon such the satisfaction
    17  of such similar proof.
    18    6. The department is authorized to promulgate  such  rules  and  regu-
    19  lations  as  it shall deem necessary to implement the provisions of this
    20  section, including rules and regulations with respect to  any  allowable
    21  trace concentrations, consistent with the requirements of this section.
    22    §  2.  The  environmental  conservation law is amended by adding a new
    23  section 37-0115 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10243-03-9
        S. 4389--A                          2

     1  § 37-0115. Prohibition of cosmetic products and personal  care  products
     2               containing 1,4-dioxane.
     3    1.  The term "cosmetic product" shall mean any article (a) intended to
     4  be rubbed, sprinkled, or  sprayed  on,  introduced  into,  or  otherwise
     5  applied to the human body or any part thereof for beautifying, promoting
     6  attractiveness,  or altering the appearance, and (b) intended for use as
     7  a component of any such article. The term "cosmetic product"  shall  not
     8  include any personal care product as defined in this section for which a
     9  prescription is required for distribution or dispensation as provided in
    10  section  two  hundred eighty-one of the public health law or section six
    11  thousand eight hundred ten of the education law.
    12    2. The term "personal care product" shall mean  any  product  intended
    13  for  cleaning  or  cleansing  any part of the body, such as the skin and
    14  hair, and including but not limited to, hair shampoo, hair  conditioner,
    15  soap,  bath gels and other bath products.  The term "personal care prod-
    16  uct" shall not include any product for which a prescription is  required
    17  for  distribution  or  dispensation  as  provided in section two hundred
    18  eighty-one of the public  health  law  or  section  six  thousand  eight
    19  hundred ten of the education law.
    20    3.  No  person  shall  sell  or  offer  for  sale any cosmetic product
    21  containing 1,4-dioxane, other than such  trace  concentrations,  not  to
    22  exceed ten parts per million.
    23    4.  No  person  shall sell or offer for sale any personal care product
    24  containing 1,4-dioxane, other than such trace concentrations, as author-
    25  ized by the commissioner, in consultation with the department of health,
    26  by regulation; and further, such trace concentrations for personal  care
    27  products  shall  not to exceed two parts per million by December thirty-
    28  first, two thousand twenty-two and one  part  per  million  by  December
    29  thirty-first, two thousand twenty-three.
    30    5.  The  department  is  authorized to promulgate such rules and regu-
    31  lations as it shall deem necessary to implement the provisions  of  this
    32  section,  including  rules and regulations with respect to any allowable
    33  trace concentrations, consistent with the requirements of this section.
    34    6. A manufacturer of a cosmetic  product  or  personal  care  product,
    35  otherwise  subject to the requirements of this section, may apply to the
    36  department for a one-year waiver from such requirements for  a  specific
    37  cosmetic  product or personal care product, and upon such proof that the
    38  manufacturer has taken steps to reduce the presence  of  1,4-dioxane  in
    39  that  product  and  is  unable  to  comply with the requirements of this
    40  section.  Thereafter, a manufacturer may apply for one  additional  one-
    41  year  waiver  for  such  product,  upon its satisfaction of such similar
    42  proof.
    43    § 3. Section 71-3703 of the environmental conservation law is  amended
    44  by adding a new subdivision 4 to read as follows:
    45    4.  Any  person who violates any of the provisions of, or who fails to
    46  perform any duty imposed by section 37-0115 or any  rule  or  regulation
    47  promulgated  pursuant hereto, shall be liable for a civil penalty not to
    48  exceed one thousand dollars for each day  during  which  such  violation
    49  continues,  and  in  addition  thereto, such person may be enjoined from
    50  continuing such violation. Such person shall for a second  violation  be
    51  liable  to the people of the state for a civil penalty not to exceed two
    52  thousand five hundred dollars for each day during which  such  violation
    53  continues.
    54    § 4. This act shall take effect December 31, 2022.