Bill Text: NY S06940 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-04-17 - SIGNED CHAP.44 [S06940 Detail]
Download: New_York-2019-S06940-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6940 IN SENATE January 6, 2020 ___________ Introduced by Sen. KAMINSKY -- 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 prohibiting household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane 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 35-0105 of the environmental 2 conservation law, as added by a chapter of the laws of 2019 amending the 3 environmental conservation law relating to prohibiting household cleans- 4 ing products, cosmetic products and personal care products that contain 5 1,4-dioxane, as proposed in legislative bills numbers S. 4389-B and A. 6 6295-A, is amended to read as follows: 7 7. The department is authorized to promulgate such rules and regu- 8 lations as it shall deem necessary to implement the provisions of this 9 section, including rules and regulations with respect to any allowable 10 trace concentrations[, consistent with the requirements of this11section]. 12 § 2. Section 37-0115 of the environmental conservation law, as added 13 by a chapter of the laws of 2019 amending the environmental conservation 14 law relating to prohibiting household cleansing products, cosmetic 15 products and personal care products that contain 1,4-dioxane, as 16 proposed in legislative bills numbers S. 4389-B and A. 6295-A, is 17 amended to read as follows: 18 § [37-0115] 37-0117. Prohibition of cosmetic products and personal care 19 products containing 1,4-dioxane. 20 1. The term "cosmetic product" shall mean any article (a) intended to 21 be rubbed, sprinkled, or sprayed on, introduced into, or otherwise 22 applied to the human body or any part thereof for beautifying, promoting 23 attractiveness, or altering the appearance, and (b) intended for use as 24 a component of any such article. The term "cosmetic product" shall not 25 include any personal care product as defined in this section for which a 26 prescription is required for distribution or dispensation as provided in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10243-07-0S. 6940 2 1 section two hundred eighty-one of the public health law or section 2 sixty-eight hundred ten of the education law. 3 2. The term "personal care product" shall mean any product intended 4 for cleaning or cleansing any part of the body, such as the skin and 5 hair, and including but not limited to, hair shampoo, hair conditioner, 6 soap, bath gels and other bath products. The term "personal care prod- 7 uct" shall not include any product for which a prescription is required 8 for distribution or dispensation as provided in section two hundred 9 eighty-one of the public health law or section sixty-eight hundred ten 10 of the education law. 11 3. No person shall sell or offer for sale any cosmetic product 12 containing 1,4-dioxane, other than such trace concentrations, [not to13exceed] that exceeds ten parts per million by December thirty-first, two 14 thousand twenty-two. 15 4. No person shall sell or offer for sale any personal care product 16 containing 1,4-dioxane, other than such trace concentrations, as author- 17 ized by the commissioner, in consultation with the department of health, 18 by regulation; and further, such trace concentrations for personal care 19 products shall not exceed two parts per million by December thirty- 20 first, two thousand twenty-two and one part per million by December 21 thirty-first, two thousand twenty-three. 22 5. No later then May first, two thousand twenty-five, and every two 23 years thereafter, the department, in consultation with the department of 24 health, shall review such trace concentration thresholds and determine 25 whether such concentrations shall be lowered to better protect human 26 health and the environment. 27 6. The department is authorized to promulgate such rules and regu- 28 lations as it shall deem necessary to implement the provisions of this 29 section, including rules and regulations with respect to any allowable 30 trace concentrations[, consistent with the requirements of this31section]. 32 7. A manufacturer of a cosmetic product or personal care product, 33 otherwise subject to the requirements of this section, may apply to the 34 department for a one-year waiver from such requirements for a specific 35 cosmetic product or personal care product, and upon such proof that the 36 manufacturer has taken steps to reduce the presence of 1,4-dioxane in 37 that product and is unable to comply with the requirements of this 38 section. Thereafter, a manufacturer may apply for one additional one- 39 year waiver for such product, upon its satisfaction of such similar 40 proof. 41 § 3. Subdivision 4 of section 71-3703 of the environmental conserva- 42 tion law, as added by a chapter of the laws of 2019 amending the envi- 43 ronmental conservation law relating to prohibiting household cleansing 44 products, cosmetic products and personal care products that contain 45 1,4-dioxane, as proposed in legislative bills numbers S. 4389-B and A. 46 6295-A, is amended to read as follows: 47 4. Any person who violates any of the provisions of, or who fails to 48 perform any duty imposed by section [37-0115] 37-0117 or any rule or 49 regulation promulgated pursuant hereto, shall be liable for a civil 50 penalty not to exceed one thousand dollars for each day during which 51 such violation continues, and in addition thereto, such person may be 52 enjoined from continuing such violation. Such person shall for a second 53 violation be liable to the people of the state for a civil penalty not 54 to exceed two thousand five hundred dollars for each day during which 55 such violation continues.S. 6940 3 1 § 4. This act shall take effect on the same date and in the same 2 manner as a chapter of the laws of 2019 amending the environmental 3 conservation law relating to prohibiting household cleansing products, 4 cosmetic products and personal care products that contain 1,4-dioxane, 5 as proposed in legislative bills numbers S. 4389-B and A. 6295-A, takes 6 effect.