Bill Text: NY S06070 | 2015-2016 | General Assembly | Introduced


Bill Title: Prohibits the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06070 Detail]

Download: New_York-2015-S06070-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6070
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   October 16, 2015
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting  the  sale  of  cleaning  products  containing  triclosan,
         triclocarban or derivatives of such antibacterial compounds
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 37-0115 to read as follows:
    3  S 37-0115. PROHIBITION OF TRICLOSAN, TRICLOCARBAN OR DERIVATIVES OF SUCH
    4               ANTIBACTERIAL COMPOUNDS.
    5    1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
    6  NY OR CORPORATION SHALL SELL OR OFFER FOR  SALE  ANY  CLEANING  PRODUCTS
    7  CONTAINING TRICLOSAN, TRICLOCARBAN, OR DERIVATIVES OF SUCH ANTIBACTERIAL
    8  COMPOUNDS,  WITHIN  NEW YORK STATE, PROVIDED, HOWEVER, THAT THIS SECTION
    9  SHALL NOT PROHIBIT THE SALE OF PRODUCTS  CONTAINING  SUCH  ANTIBACTERIAL
   10  COMPOUNDS THAT ARE USED SOLELY IN MEDICAL FACILITIES.
   11    2.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
   12  LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
   13  SECTION.
   14    S  2. Section 37-0101 of the environmental conservation law is amended
   15  by adding a new subdivision 7 to read as follows:
   16    7. "CLEANING PRODUCTS" MEANS, BUT  ARE  NOT  LIMITED  TO,  DISHWASHING
   17  LIQUIDS,  LAUNDRY  DETERGENTS, FABRIC SOFTENERS, DISINFECTANTS, SPONGES,
   18  MOP HEADS, BROOMS, GARBAGE BAGS, CLEANING AGENTS,  ANTIBACTERIAL  SOAPS,
   19  HAND  SOAPS,  BAR  SOAPS,  LIQUID SOAPS, HAND SANITIZERS, SKIN PURIFYING
   20  WIPES, BODY WASHES, FACIAL AND BODY CLEANSERS, SHAMPOOS, AND  CONDITION-
   21  ERS.
   22    S  3. Section 71-3703 of the environmental conservation law is amended
   23  by adding a new subdivision 4 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06171-01-5
       S. 6070                             2
    1    4. ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
    2  COMPANY,  OR  CORPORATION  WHO VIOLATES ANY OF THE PROVISIONS OF SECTION
    3  37-0115 OR ANY RULE OR REGULATION PROMULGATED PURSUANT HERETO, SHALL  BE
    4  LIABLE  FOR  A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH
    5  DAY DURING WHICH SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH
    6  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY, OR
    7  CORPORATION MAY BE  ENJOINED  FROM  CONTINUING  SUCH  VIOLATION.    SUCH
    8  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY, OR
    9  CORPORATION SHALL FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF  THE
   10  STATE  FOR  A  CIVIL  PENALTY  NOT  TO  EXCEED TWO THOUSAND FIVE HUNDRED
   11  DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   12    S 4. This act shall take effect one year and six months after it shall
   13  have become a law; provided, however,  that  effective  immediately  the
   14  addition  and/or  repeal  of  any  rule  or regulation necessary for the
   15  implementation of this act on its  effective  date  are  authorized  and
   16  directed  to  be made and completed on or before one year after this act
   17  shall have become a law.
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