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AB4924 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4924
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2015
                                       ___________
 
        Introduced  by  M.  of A. SCHIMEL, ENGLEBRIGHT, COOK, JAFFEE, McDONOUGH,
          MONTESANO, GOODELL, LIFTON -- Multi-Sponsored by -- M.  of  A.  GLICK,
          MOSLEY,  PERRY,  RIVERA,  ROBINSON, STECK -- read once and referred to
          the Committee on Environmental Conservation
 
        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  §  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    §  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06170-01-5

        A. 4924                             2
 
     1  treatment products, shampoos, conditioners, toothpastes, shaving  creams
     2  and gels, and foot care products.
     3    9. "Cosmetics" means consumer products manufactured for use in beauti-
     4  fication.  Cosmetics  shall  include, but are not limited to, lip gloss,
     5  lipstick, lip balm, lip liner, eye shadow, eye  liner,  mascara,  blush,
     6  foundation,  concealer,  powder,  primer, blemish cover sticks, bronzer,
     7  skin lightening cream, and hair and makeup remover products.
     8    § 3. Section 71-3703 of the environmental conservation law is  amended
     9  by adding a new subdivision 4 to read as follows:
    10    4.  Any  person,  firm,  partnership,  association,  limited liability
    11  company, or corporation who violates any of the  provisions  of  section
    12  37-0115  or any rule or regulation promulgated pursuant hereto, shall be
    13  liable for a civil penalty not to exceed one thousand dollars  for  each
    14  day during which such violation continues, and in addition thereto, such
    15  person,  firm,  partnership,  association, limited liability company, or
    16  corporation may be enjoined from continuing such violation. Such person,
    17  firm, partnership, association, limited  liability  company,  or  corpo-
    18  ration shall for a second violation be liable to the people of the state
    19  for  a civil penalty not to exceed two thousand five hundred dollars for
    20  each day during which such violation continues.
    21    § 4. This act shall take effect one year and six months after it shall
    22  have become a law; provided, however,  that  effective  immediately  the
    23  addition  and/or  repeal  of  any  rule  or regulation necessary for the
    24  implementation of this act on its  effective  date  are  authorized  and
    25  directed  to  be made and completed on or before one year after this act
    26  shall have become a law.
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