Bill Text: NY S03529 | 2023-2024 | General Assembly | Amended

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Bill Title: Restricts certain substances from being used in menstrual products.

Spectrum: Slight Partisan Bill (Democrat 14-6)

Status: (Engrossed) 2024-06-06 - referred to health [S03529 Detail]

Download: New_York-2023-S03529-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3529--C
            Cal. No. 98

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sens.  FERNANDEZ, CLEARE, ADDABBO, ASHBY, CHU, HARCKHAM,
          HOYLMAN-SIGAL, JACKSON, LIU, MARTINEZ,  MARTINS,  MAY,  MAYER,  MYRIE,
          RHOADS,  ROLISON,  SERRANO,  TEDISCO,  WEBB  -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Women's
          Issues  --  committee  discharged,  bill amended, ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee  on  Women's Issues in accordance with Senate Rule 6, sec. 8
          -- reported favorably from said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third  reading  --  again amended and ordered reprinted, retaining its
          place in the order of third reading

        AN ACT to amend the general business law, in relation to the restriction
          of certain substances in menstrual products

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph (b) of subdivision 1 of section 399-aaaa of the
     2  general business law, as added by chapter 362 of the laws  of  2019,  is
     3  amended  and  three new paragraphs (c), (d) and (e) are added to read as
     4  follows:
     5    (b) "menstrual product" shall mean products used for  the  purpose  of
     6  catching  menstruation  and vaginal discharge, including but not limited
     7  to tampons, pads, and menstrual  cups.  These  products  may  be  either
     8  disposable or reusable[.];
     9    (c) "restricted substance" shall mean an unsafe chemical for inclusion
    10  in menstrual products as determined by the commissioner of health, which
    11  shall  include,  but  not  be  limited  to,  lead,  mercury  and related
    12  compounds, formaldehyde, triclosan, toluene,  talc,  dibutyl  phthalate,
    13  di(2)exylhexyl  phthalate,  butylphenyl  methylpropional  and isobutyl-,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04800-11-4
        S. 3529--C                          2

     1  isopropyl-, butyl-, propylparaben, and perfluoroalkyl and  polyfluoroal-
     2  kyl substances;
     3    (d) "perfluoroalkyl and polyfluoroalkyl substances" shall mean a class
     4  of  fluorinated  organic chemicals containing at least one fully fluori-
     5  nated carbon atom;
     6    (e)  "intentionally  added  ingredient"  shall  mean  any  element  or
     7  compound  that  a  manufacturer  has  intentionally added to a menstrual
     8  product, and which has a functional or technical effect in the  finished
     9  product,  including, but not limited to, the components of intentionally
    10  added fragrance, flavoring and colorants, and the intentional  breakdown
    11  products  of  an added element or compound that also has a functional or
    12  technical effect on the finished product.
    13    § 2. Subdivision 4 of section 399-aaaa of the general business law  is
    14  renumbered  subdivision  5  and  a new subdivision 4 is added to read as
    15  follows:
    16    4. No menstrual products distributed, sold or offered for sale in this
    17  state, whether at retail or wholesale,  for  personal,  professional  or
    18  commercial use, or distributed for promotional purposes, shall contain:
    19    (a)  as  of  the  effective date, a restricted substance present as an
    20  intentionally added ingredient at any level; or
    21    (b) as of two years after thresholds are  established  in  regulation,
    22  but no later than January first, two thousand twenty-eight, a restricted
    23  substance  at or above a level that the department of health, in consul-
    24  tation with the department of environmental conservation,  shall  estab-
    25  lish  in  regulation  that  is  the  lowest  level  that can feasibly be
    26  achieved; provided, however, that the department of health  and  depart-
    27  ment  of  environmental  conservation shall review such level every five
    28  years to determine whether it should be  lowered.  The  commissioner  of
    29  health  shall  promulgate regulations establishing these levels no later
    30  than a year after the effective date of this section.
    31    § 3. This act shall take effect twelve  months  after  it  shall  have
    32  become  a  law.  Effective  immediately, the addition, amendment, and/or
    33  repeal of any rule or regulation necessary  for  the  implementation  of
    34  this  act  on its effective date are authorized to be made and completed
    35  on or before such effective date.