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

New York Senate Bill 3529

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

Spectrum: Moderate Partisan Bill (Democrat 14-4)

Status: (Engrossed) 2024-01-22 - referred to health [S03529 Detail]

Download: New_York-2023-S03529-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         3529--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced by Sens. FERNANDEZ, CLEARE, HOYLMAN-SIGAL, 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

        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 a new paragraph (c) is added to read as follows:
     4    (b)  "menstrual  product"  shall mean products used for the purpose of
     5  catching menstruation and vaginal discharge, including but  not  limited
     6  to  tampons,  pads,  and  menstrual  cups.  These products may be either
     7  disposable or reusable[.];
     8    (c) "restricted substance" shall mean an unsafe chemical for inclusion
     9  in menstrual products as determined by the commissioner of health, which
    10  shall include,  but  not  be  limited  to,  lead,  mercury  and  related
    11  compounds,  formaldehyde, triclosan, toluene, talc, per- and polyfluoro-
    12  alkyl substances, dibutyl phthalate, di(2)exylhexyl phthalate, butylphe-
    13  nyl methylpropional and isobutyl-, isopropyl-, butyl-, and   propylpara-
    14  ben.
    15    §  2. Subdivision 4 of section 399-aaaa of the general business law is
    16  renumbered subdivision 5 and a new subdivision 4 is  added  to  read  as
    17  follows:
    18    4. No menstrual products distributed, sold or offered for sale in this
    19  state,  whether  at  retail  or wholesale, for personal, professional or
    20  commercial use, or distributed for promotional purposes, shall contain a
    21  restricted substance or use such restricted substance  as  a  fragrance,
    22  colorant, dye, preservative or other intentionally added ingredient.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04800-05-3

        S. 3529--A                          2

     1    §  3.  This  act  shall  take effect twelve months after it shall have
     2  become a law. Effective immediately,  the  addition,  amendment,  and/or
     3  repeal  of  any  rule  or regulation necessary for the implementation of
     4  this act on its effective date are authorized to be made  and  completed
     5  on or before such effective date.