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A08652 Summary:

BILL NO    A08652A

SAME AS    No same as 

SPONSOR    Schimel

COSPNSR    Englebright, Jacobs, Cook, Jaffee, McDonough, Montesano, Goodell,
           Lifton

MLTSPNSR   Glick, Mosley, Perry, Rivera, Robinson, Steck

Add S37-0115, amd SS37-0101 & 71-3703, En Con L

Prohibits the sale of personal care products or cosmetics containing
microbeads.
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A08652 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        8652--A

                                 I N  A S S E M B L Y

                                   January 30, 2014
                                      ___________

       Introduced  by M. of A. SCHIMEL, ENGLEBRIGHT -- Multi-Sponsored by -- M.
         of A. MOSLEY -- read once and referred to the  Committee  on  Environ-
         mental  Conservation  --  committee  discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting the sale of personal care products or cosmetics containing
         microbeads

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 37-0115 to read as follows:
    3  S  37-0115.  PROHIBITION OF SALE OF PERSONAL CARE PRODUCTS AND COSMETICS
    4                 CONTAINING MICROBEADS.
    5    1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
    6  NY OR CORPORATION SHALL  SELL  OR  OFFER  FOR  SALE  ANY  PERSONAL  CARE
    7  PRODUCTS OR COSMETICS CONTAINING MICROBEADS WITHIN NEW YORK STATE.
    8    2.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
    9  LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
   10  SECTION.
   11    S  2. Section 37-0101 of the environmental conservation law is amended
   12  by adding three new subdivisions 7, 8 and 9 to read as follows:
   13    7. "MICROBEADS" MEANS MICRO POLYMER PARTICLES, LESS THAN FIVE MILLIME-
   14  TERS IN DIAMETER, THAT IS MADE OF SYNTHETIC OR SEMI-SYNTHETIC  POLYMERIC
   15  MATERIALS  SUCH AS, BUT NOT LIMITED TO, POLYETHYLENE (PE), POLYPROPYLENE
   16  (PP), POLYETHYLENE TEREPHTHALATE (PET), POLYMETHYL METHACRYLATE  (PMMA),
   17  OR A COMBINATION OF SUCH POLYMERS.
   18    8.  "PERSONAL  CARE PRODUCTS" MEANS CONSUMER PRODUCTS MANUFACTURED FOR
   19  USE IN PERSONAL HYGIENE AND BEAUTIFICATION. PERSONAL CARE PRODUCTS SHALL
   20  INCLUDE, BUT ARE NOT LIMITED TO, ANTIBACTERIAL SOAPS,  HAND  SOAPS,  BAR
   21  SOAPS, LIQUID SOAPS, BODY WASHES, LOTIONS, MOISTURIZERS, FACIAL AND BODY
   22  CLEANERS,  FACIAL  MASKS,  EXFOLIATING  FACIAL  SCRUBS, SUNSCREENS, ACNE
   23  TREATMENT PRODUCTS, SHAMPOOS, CONDITIONERS, TOOTHPASTES, SHAVING  CREAMS
   24  AND GELS, AND FOOT CARE PRODUCTS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13401-06-4
       A. 8652--A                          2

    1    9. "COSMETICS" MEANS CONSUMER PRODUCTS MANUFACTURED FOR USE IN BEAUTI-
    2  FICATION.  COSMETICS  SHALL  INCLUDE, BUT ARE NOT LIMITED TO, LIP GLOSS,
    3  LIPSTICK, LIP BALM, LIP LINER, EYE SHADOW, EYE  LINER,  MASCARA,  BLUSH,
    4  FOUNDATION,  CONCEALER,  POWDER,  PRIMER, BLEMISH COVER STICKS, BRONZER,
    5  SKIN LIGHTENING CREAM, AND HAIR AND MAKEUP REMOVER PRODUCTS.
    6    S  3. Section 71-3703 of the environmental conservation law is amended
    7  by adding a new subdivision 4 to read as follows:
    8    4. ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
    9  COMPANY,  OR  CORPORATION  WHO VIOLATES ANY OF THE PROVISIONS OF SECTION
   10  37-0115 OR ANY RULE OR REGULATION PROMULGATED PURSUANT HERETO, SHALL  BE
   11  LIABLE  FOR  A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH
   12  DAY DURING WHICH SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH
   13  PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED  LIABILITY  COMPANY,  OR
   14  CORPORATION MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON,
   15  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY COMPANY, OR CORPO-
   16  RATION SHALL FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE
   17  FOR A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS  FOR
   18  EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   19    S 4. This act shall take effect one year and six months after it shall
   20  have  become  a  law;  provided, however, that effective immediately the
   21  addition and/or repeal of any  rule  or  regulation  necessary  for  the
   22  implementation  of  this  act  on  its effective date are authorized and
   23  directed to be made and completed on or before one year after  this  act
   24  shall have become a law.
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