Bill Text: NY S01340 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that no person shall sell or offer for sale any cosmetic product or personal care product containing mercury, other than in trace amounts allowed by the food and drug administration as unavoidable under conditions of good manufacturing practice or necessary for use as a preservative in the absence of an effective and safe nonmercurial preservative substitute.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-02-08 - SUBSTITUTED BY A619 [S01340 Detail]
Download: New_York-2023-S01340-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1340 2023-2024 Regular Sessions IN SENATE January 11, 2023 ___________ Introduced by Sen. BROUK -- 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 the sale of cosmetic products containing trace amounts of mercury The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 37-0117 of the environmental 2 conservation law, as amended by chapter 44 of the laws of 2020, is 3 amended to read as follows: 4 7. A manufacturer of a cosmetic product or personal care product, 5 otherwise subject to the requirements of subdivisions three and four of 6 this section, may apply to the department for a one-year waiver from 7 such requirements for a specific cosmetic product or personal care prod- 8 uct, and upon such proof that the manufacturer has taken steps to reduce 9 the presence of 1,4-dioxane in that product and is unable to comply with 10 the requirements of subdivisions three and four of this section. There- 11 after, a manufacturer may apply for one additional one-year waiver for 12 such product, upon its satisfaction of such similar proof. 13 § 2. Subdivision 8 of section 37-0117 of the environmental conserva- 14 tion law, as added by a chapter of the laws of 2022 amending the envi- 15 ronmental conservation law relating to prohibiting cosmetic products and 16 personal care products that contain mercury, as proposed in legislative 17 bills numbers S. 8291-A and A. 8630-A, is amended to read as follows: 18 8. No person shall sell or offer for sale any cosmetic product or 19 personal care product containing mercury, other than in trace amounts 20 identified by the department, in consultation with the department of 21 health, in regulations. Any such trace amounts shall be consistent with 22 the permissible concentrations of trace amounts allowed by the food and 23 drug administration as (a) unavoidable under conditions of good manufac- 24 turing practice, or (b) necessary for use as a preservative in the 25 absence of an effective and safe nonmercurial preservative substitute in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04313-01-3S. 1340 2 1 cosmetic products intended for use only in the area of the eye. For the 2 purposes of this subdivision "mercury" shall mean elemental mercury Hg, 3 mercuric iodide, mercury oxide, mercurous chloride, ethyl mercury, 4 phenyl mercuric salts, ammoniated mercury, amide chloride of mercury, 5 mercury sulfide or cinnabaris, or mercury iodide. 6 § 3. This act shall take effect on the same date and in the same 7 manner as a chapter of the laws of 2022 amending the environmental 8 conservation law relating to prohibiting cosmetic products and personal 9 care products that contain mercury, as proposed in legislative bills 10 numbers S. 8291-A and A. 8630-A, takes effect.
