Bill Text: NY S06077 | 2019-2020 | General Assembly | Introduced

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

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Bill Title: Relates to the regulation of ingredients in personal care products to include chemicals of concern which shall be provided on lists identified by the commissioner.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-03-09 - PRINT NUMBER 6077A [S06077 Detail]

Download: New_York-2019-S06077-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6077

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the environmental conservation law, in relation  to  the
          regulation of ingredients in personal care products

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

     1    Section 1. Legislative findings and intent.  There  are  thousands  of
     2  chemicals  used in personal care, household cleaning, and other consumer
     3  products, many of which have  never  been  fully  tested  for  potential
     4  impacts  on  human  health or the environment. This has led national and
     5  international organizations to develop lists of  chemicals  of  concern,
     6  including  the New York State Department of Environmental Conservation's
     7  Household Cleaning Product Ingredient Disclosure Program (HCPIDP). While
     8  federal law requires personal care product labels to list certain inten-
     9  tionally added  ingredients,  information  concerning  potential  health
    10  effects  is  not  widely  available  and  certain categories of chemical
    11  ingredients are exempt from labeling requirements. Furthermore, over  40
    12  countries,  including  countries in the European Union, Japan, Cambodia,
    13  and Vietnam, have stricter restrictions on chemicals  in  personal  care
    14  products  than does the United States.  Therefore, the legislature finds
    15  and declares that federal  disclosure  requirements  are  inadequate  to
    16  educate  and  protect  consumers, and that it shall be the policy of the
    17  state to require the  personal  care  product  industry  to  more  fully
    18  disclose  ingredients and identify ingredients published as chemicals of
    19  concern on lists identified by the commissioner such as  the  HCPIDP  or
    20  other national or international lists.
    21    §  2.  Article  37 of the environmental conservation law is amended by
    22  adding a new title 10 to read as follows:
    23                                   TITLE X
    24                    REGULATION OF PERSONAL CARE PRODUCTS
    25  Section 37-1001. Definitions.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11385-03-9
        S. 6077                             2

     1          37-1003. Disclosure.
     2          37-1005. Periodic review.
     3          37-1007. Sales prohibition.
     4          37-1009. Small business exemption.
     5          37-1011. Penalties.
     6  § 37-1001. Definitions.
     7    As used in this title, unless the context requires otherwise:
     8    1. "Chemical of concern" shall mean a chemical appearing on any of the
     9  lists  included in the department of environmental conservation division
    10  of materials management program policy on  household  cleansing  product
    11  information  disclosure  published  on June sixth, two thousand eighteen
    12  pursuant to article thirty-five of this chapter and 6 NYCRR part 659, or
    13  as designated by the commissioner, in consultation with the commissioner
    14  of health.
    15    2. "Ingredient" shall mean all of the following:
    16    (a) an intentionally added ingredient present in  any  quantity  in  a
    17  personal care product;
    18    (b)  a nonfunctional byproduct or nonfunctional contaminant present in
    19  a personal care product, in any quantity exceeding one part per  million
    20  of  the  content of the product, by weight or other amount determined by
    21  the commissioner;
    22    (c) a nonfunctional byproduct present in a personal  care  product  in
    23  any  quantity  not  exceeding one part per million of the content of the
    24  product by weight present at or above the practical quantification limit
    25  as determined by the commissioner, provided such element or compound has
    26  been published as a chemical of concern on one or more lists  identified
    27  by the commissioner;
    28    (d)  a nonfunctional contaminant present in a personal care product in
    29  a quantity determined by the commissioner and not exceeding one part per
    30  million of the content of the product by weight present at or above  the
    31  practical  quantification  limit,  provided such element or compound has
    32  been published as a chemical of concern on one or more lists  identified
    33  by the commissioner.
    34    3. "Intentionally added ingredient" shall mean any element or compound
    35  that  a manufacturer has intentionally added to a personal care product,
    36  and which has a functional or technical effect in the finished  product,
    37  including,  but  not  limited  to, the components of intentionally added
    38  fragrance,  flavoring  and  colorants,  and  the  intentional  breakdown
    39  products  of  an added element or compound that also has a functional or
    40  technical effect on the finished product.
    41    4. "Nonfunctional byproduct" shall mean any element or compound  which
    42  has no functional or technical effect in the finished product which:
    43    (a)  was  intentionally  added  during the manufacturing process for a
    44  personal care product at any point in a product's, a raw  material's  or
    45  ingredient's supply chain; or
    46    (b)  was  created  or  formed  during  the manufacturing process as an
    47  intentional or unintentional consequence of the manufacturing process at
    48  any point in a product's, a raw material's, or  an  ingredient's  supply
    49  chain.
    50    Nonfunctional  byproduct  shall  include,  but  is  not limited to, an
    51  unreacted raw material, a breakdown product of  an  intentionally  added
    52  ingredient, or a byproduct of the manufacturing process.
    53    5.  "Nonfunctional  contaminant"  shall  mean  any element or compound
    54  present in a personal care product as an  unintentional  consequence  of
    55  manufacturing  which  has  no  functional  or  technical  effect  in the
    56  finished product. Nonfunctional contaminants include, but are not limit-
        S. 6077                             3

     1  ed to, elements or compounds present in the environment as  contaminants
     2  which    were  introduced  into  a product, a raw material, or a product
     3  ingredient as a result of the use of an environmental medium, such as  a
     4  naturally  occurring  mineral,  air, soil or water, in the manufacturing
     5  process at any point in a product's, a raw material's,  or  an  ingredi-
     6  ent's supply chain.
     7    6.  "Manufacturer"  shall mean any person, firm, association, partner-
     8  ship,  limited    liability  company,  or  corporation  which  produces,
     9  prepares,  formulates,  or compounds a   personal care product, or whose
    10  brand name is affixed to such product. In the case of  a  personal  care
    11  product  imported  into the United States, "manufacturer" shall mean the
    12  importer or first domestic distributor of the product if the entity that
    13  manufactures the product or whose brand  name is affixed to the  product
    14  does not have a presence in the United States.
    15    7.  "Personal care product" shall mean articles intended to be rubbed,
    16  poured, sprinkled, or sprayed on, introduced into, or otherwise  applied
    17  to  the  human  body  or  any  part  thereof for cleansing, beautifying,
    18  promoting attractiveness,  or  altering  the  appearance,  and  articles
    19  intended  for  use as a component of any such articles; except that such
    20  term shall not include soap.
    21    8.  "Restricted  substance"  shall  mean  lead,  mercury  and  related
    22  compounds,  formaldehyde,  triclosan,  toluene, per- and polyfluoroalkyl
    23  substances, dibutyl phthalate, di(2)exylhexyl phthalate, and  isobutyl-,
    24  isopropyl-, butyl-, and propyl paraben.
    25    9.  "Soap" shall mean articles comprised entirely of an alkali salt of
    26  fatty acids where the detergent properties of the article are due to the
    27  alkali-fatty acid compounds, and the article shall be labeled, sold, and
    28  represented only as a soap.
    29  § 37-1003. Disclosure.
    30    1. Manufacturers  of  personal  care  products  distributed,  sold  or
    31  offered  for  sale  in  this  state, whether at retail or wholesale, for
    32  personal, professional or commercial use, or distributed for promotional
    33  purposes, shall furnish to the commissioner  for  public  record,  in  a
    34  manner  prescribed by the commissioner that is readily accessible to the
    35  public and machine readable, such information  regarding  such  products
    36  pursuant  to  rules and regulations promulgated by the commissioner. For
    37  each personal care product, such information shall  include,  but  shall
    38  not be limited to:
    39    (a)  (i)  a list naming each ingredient, as defined in subdivision two
    40  of section 37-1001 of this title, of the product in descending order  of
    41  predominance  by  weight in the product, except that ingredients present
    42  at a weight below one percent (1%) may be listed following other  ingre-
    43  dients without respect to the order of predominance by weight;
    44    (ii)  such  list  shall disclose that the ingredient is published as a
    45  chemical of concern as identified in this title, including specification
    46  of which list or lists such chemical of concern is on; and
    47    (b) the nature and extent of investigations and research performed  by
    48  or  for  the manufacturer concerning the effects on human health and the
    49  environment of such product or such ingredients.
    50    2. Such manufacturers shall furnish  information  on  or  before  July
    51  first,  two thousand twenty and every two years thereafter. In addition,
    52  such manufacturers shall furnish such information prior to the  sale  of
    53  any  new  personal  care  product,  when  the formulation of a currently
    54  disclosed product is substantially or materially changed, when any  list
    55  of  chemicals of concern identified by the commissioner pursuant to this
    56  article is changed to include an ingredient present in a  personal  care
        S. 6077                             4

     1  product  subject  to  this  article,  or  at  such other times as may be
     2  required by the commissioner.
     3    3.  Such  information  shall  be  made  available to the public by the
     4  commissioner, in accordance with this section,  with  the  exception  of
     5  those  portions  which  the  manufacturer  determines,  subject  to  the
     6  approval of the commissioner, is related to a  proprietary  process  the
     7  disclosure  of  which  would  compromise  the manufacturer's competitive
     8  position. The commissioner shall not approve any exceptions  under  this
     9  subdivision  with  respect  to any ingredient published as a chemical of
    10  concern on one or more lists identified by the commissioner.
    11    4. The commissioner may direct submission of such information  to  the
    12  Interstate Chemicals Clearinghouse, which may make the reported informa-
    13  tion  available  to  the  public,  subject to information to be withheld
    14  under subdivision three of this section.
    15  § 37-1005. Periodic review.
    16    The commissioner, in consultation with  the  commissioner  of  health,
    17  shall  periodically  review  the  list  of chemicals of concern and, may
    18  through regulation, add or remove chemicals from such list.
    19  § 37-1007. Sales prohibition.
    20    Effective three years after this section takes effect, no person shall
    21  distribute, sell or offer for sale in this state a personal care product
    22  containing a restricted substance.
    23  § 37-1009. Small business exemption.
    24    The requirements of this title shall not apply to personal care  prod-
    25  uct  manufacturers  that employ five persons or fewer, and are independ-
    26  ently owned and operated.
    27  § 37-1011. Penalties.
    28    A manufacturer in violation of this title is subject to a civil penal-
    29  ty not to exceed five thousand dollars for each violation in the case of
    30  a first offense. Manufacturers  who  commit  subsequent  violations  are
    31  subject  to  a civil penalty not to exceed ten thousand dollars for each
    32  additional offense.
    33    § 3. Severability. If any provision of this act, or any application of
    34  any provision of this act, is held to be invalid, or to  violate  or  be
    35  inconsistent  with  any federal law or regulation, that shall not affect
    36  the validity or effectiveness of any other provision of this act, or  of
    37  any  other  application of any provision of this act, which can be given
    38  effect without that provision or  application;  and  to  that  end,  the
    39  provisions and applications of this act are severable.
    40    §  4.  This act shall take effect July 1, 2020. Effective immediately,
    41  the addition, amendment and/or repeal of any rule or  regulation  neces-
    42  sary  for  the  implementation  of  this  act  on its effective date are
    43  authorized to be made and completed on or before such effective date.