Bill Text: NY A02727 | 2013-2014 | General Assembly | Amended

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

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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

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2727--A
                                                               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
       AN  ACT  to  amend  the  general  business law, in relation to requiring
         sunscreen products to be labeled with a best if used before date
         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
   16  LABELED SOLELY FOR USE IN SUNBURN PROTECTION, AND  CONTAINING  AT  LEAST
   17  ONE  ACTIVE INGREDIENT LISTED IN 21 C.F.R. 352.10 THAT ABSORBS, REFLECTS
   18  OR SCATTERS RADIATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01420-03-4
       A. 2727--A                          2
    1    4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
    2  MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
    3  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
    4  PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
    5  NOT  LESS  THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTINUANCE OF SUCH
    6  VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
    7  JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
    8  INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
    9  RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
   10  PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
   11  PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
   12  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
   13  HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
   14  TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
   15  SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
   16  THAN TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH  VIOLATION.  IN  CONNECTION
   17  WITH  ANY  SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED
   18  TO TAKE PROOF AND MAKE A DETERMINATION OF  THE  RELEVANT  FACTS  AND  TO
   19  ISSUE  SUBPOENAS  IN  ACCORDANCE  WITH THE CIVIL PRACTICE LAW AND RULES.
   20  ANY MONETARY PENALTIES THAT ARE SECURED BY THE STATE SHALL  BE  UTILIZED
   21  BY THE DEPARTMENT OF HEALTH FOR SUNSCREEN EDUCATION PROGRAMS.
   22    S 2. This act shall take effect two years after it shall have become a
   23  law;  provided that it shall be repealed upon the adoption by the United
   24  States Food and Drug Administration of a final OTC  drug  monograph  for
   25  sunscreen products; provided that the commissioner of health shall noti-
   26  fy  the  legislative bill drafting commission upon the occurrence of the
   27  adoption of a final OTC drug monograph for sunscreen  products  provided
   28  for  in  this  act in order that the commission may maintain an accurate
   29  and timely effective data base of the official text of the laws  of  the
   30  state  of  New  York  in  furtherance  of effectuating the provisions of
   31  section 44 of the legislative law and section 70-b of the public officer
   32  law.