Bill Text: NY A02727 | 2013-2014 | General Assembly | Amended
Bill Title: Requires sunscreen products to be labeled with best if used before dates; authorizes the attorney general to seek injunctive relief, restitution, and civil penalties in the case of violations; authorizes persons injured by a violation of this law to bring an action for injunctive relief and actual damages or two hundred and fifty dollars, whichever is greater.
Spectrum: Strong Partisan Bill (Democrat 20-2)
Status: (Vetoed) 2014-12-17 - tabled [A02727 Detail]
Download: New_York-2013-A02727-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2727--B
Cal. No. 156
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
Introduced by M. of A. WEISENBERG, GALEF, McKEVITT, MILLER, COLTON,
COOK, ZEBROWSKI, ROSENTHAL, JAFFEE, HOOPER, OTIS, SCHIMEL, WEINSTEIN
-- Multi-Sponsored by -- M. of A. DINOWITZ, DUPREY, GOTTFRIED, HIKIND,
JACOBS, McDONALD, ROBINSON, SWEENEY, TITONE -- read once and referred
to the Committee on Consumer Affairs and Protection -- ordered to a
third reading -- passed by Assembly and delivered to the Senate,
recalled from the Senate, vote reconsidered, bill amended, ordered
reprinted, retaining its place on the order of third reading --
repassed by Assembly and delivered to the Senate, recalled from the
Senate, vote reconsidered, bill amended, ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the general business law, in relation to requiring
sunscreen products to be labeled with a best if used before date; and
providing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 399-j to read as follows:
3 S 399-J. DATE LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL BE UNLAWFUL
4 FOR ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO-
5 RATION, OR OTHER ENTITY TO MANUFACTURE, FOR SALE, RESALE, OR DISTRIB-
6 UTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A LABEL INDICATING
7 A DATE ON WHICH THE PRODUCT IS BEST IF USED BEFORE. THE DATE REQUIRED BY
8 THIS SECTION SHALL BE LABELED BY MONTH AND YEAR.
9 2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO-
10 RATION, OR OTHER ENTITY SHALL SELL SUNSCREEN WHICH IT KNOWS DOES NOT
11 CONTAIN THE LABELING INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS
12 SECTION.
13 3. FOR PURPOSES OF THIS SECTION, SUNSCREEN SHALL MEAN A TOPICAL, NON-
14 DOSAGE PRODUCT INTENDED FOR USE STRICTLY AS A HUMAN OTC DRUG PRODUCT,
15 AND NOT ALSO A COSMETIC PRODUCT, AND LABELED WITH THE TERM "SPF" AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01420-06-4
A. 2727--B 2
1 LABELED SOLELY FOR USE IN SUNBURN PROTECTION, AND CONTAINING AT LEAST
2 ONE ACTIVE INGREDIENT LISTED IN 21 C.F.R. 352.10 THAT ABSORBS, REFLECTS
3 OR SCATTERS RADIATION. FOR PURPOSES OF THIS SECTION "SUNSCREEN" SHALL
4 NOT INCLUDE PRODUCTS IN WHICH AVAILABLE EMPIRICAL TESTING DEMONSTRATES
5 THAT THE SUNSCREEN PRODUCT MAINTAINS ITS INTEGRITY AND EFFECTIVENESS FOR
6 A PERIOD OF AT LEAST THREE YEARS.
7 4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
8 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
9 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
10 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
11 NOT LESS THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTINUANCE OF SUCH
12 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
13 JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
14 INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND
15 RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
16 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
17 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
18 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
19 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
20 TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
21 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
22 THAN TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH VIOLATION. IN CONNECTION
23 WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED
24 TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO
25 ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
26 ANY MONETARY PENALTIES THAT ARE SECURED BY THE STATE SHALL BE UTILIZED
27 BY THE DEPARTMENT OF HEALTH FOR SUNSCREEN EDUCATION PROGRAMS.
28 S 2. This act shall take effect two years after it shall have become a
29 law; provided that it shall be repealed upon the adoption by the United
30 States Food and Drug Administration of a final OTC drug monograph for
31 sunscreen products; provided that the commissioner of health shall noti-
32 fy the legislative bill drafting commission upon the occurrence of the
33 adoption of a final OTC drug monograph for sunscreen products provided
34 for in this act in order that the commission may maintain an accurate
35 and timely effective data base of the official text of the laws of the
36 state of New York in furtherance of effectuating the provisions of
37 section 44 of the legislative law and section 70-b of the public offi-
38 cers law.
