Relates to the regulation of ingredients in personal care products and cosmetics to include chemicals of concern which shall be provided on lists identified by the commissioner.
STATE OF NEW YORK
________________________________________________________________________
143--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. GOTTFRIED, ENGLEBRIGHT, L. ROSENTHAL, REYES,
THIELE, GALEF, DICKENS, STECK, GALLAGHER, COLTON, KELLES, CLARK, GRIF-
FIN, SILLITTI, SEAWRIGHT, LAVINE, FAHY, SIMON, FORREST, STIRPE, GLICK,
EPSTEIN, RAMOS, QUART, LUNSFORD, JACOBSON, BURDICK, NIOU, ABINANTI,
DINOWITZ, ZEBROWSKI, GIBBS, STERN -- read once and referred to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to the
regulation of ingredients in personal care products and cosmetics
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "safe personal care and cosmetics act".
3 § 2. Legislative findings and intent. There are thousands of chemicals
4 used in personal care, household cleaning, and other consumer products,
5 many of which have never been fully tested for potential impacts on
6 human health or the environment. Moreover, regarding the safety of
7 using personal care products, it is most concerning that cosmetics regu-
8 lation in the United States has not been significantly updated since
9 1938. This has led state national, and international organizations to
10 develop lists of chemicals of concern, including New York State's Toxic
11 Chemicals in children's products and others. While federal law requires
12 personal care product labels to list certain intentionally added ingre-
13 dients, information concerning potential health effects is not widely
14 available and certain categories of chemical ingredients are exempt from
15 labeling requirements. Furthermore, over 40 countries, including coun-
16 tries in the European Union, Japan, Cambodia, and Vietnam, have stricter
17 restrictions on chemicals in personal care products than does the United
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00402-07-2
A. 143--A 2
1 States. Therefore, the legislature finds and declares that federal
2 disclosure requirements are inadequate to educate and protect consumers,
3 and that it shall be the policy of the state to require the personal
4 care product industry to more fully disclose ingredients and identify
5 ingredients published as chemicals of concern on lists identified by the
6 commissioner and other state, national or international lists.
7 § 2. Article 37 of the environmental conservation law is amended by
8 adding a new title 11 to read as follows:
9 TITLE XI
10 PERSONAL CARE AND COSMETICS
11 Section 37-1101. Definitions.
12 37-1103. Disclosure.
13 37-1105. Promulgation of lists.
14 37-1107. Sales prohibition.
15 37-1109. Small business exemption.
16 37-1111. Penalties.
17 § 37-1101. Definitions.
18 As used in this title, unless the context requires otherwise:
19 1. "Chemical of concern" shall mean a chemical or class of chemicals
20 referenced in Section 108954(a)(1) of Chapter 13 to Part 3 of Division
21 104 of the California Health and Safety Code as of March fifteenth, two
22 thousand twenty-two, and asthmagens as designated by the commissioner,
23 in consultation with the commissioner of health.
24 2. "Ingredient" shall mean:
25 (a) an intentionally added ingredient present in any quantity in a
26 personal care product; or
27 (b) a nonfunctional byproduct or nonfunctional contaminant present in
28 a personal care product, in any quantity, provided such element or
29 compound is a chemical of concern.
30 3. "Intentionally added ingredient" shall mean any element or compound
31 that a manufacturer has intentionally added to a personal care product,
32 and which has a functional or technical effect in the finished product,
33 including, but not limited to, the components of intentionally added
34 fragrance, flavoring and colorants, and the intentional breakdown
35 products of an added element or compound that also has a functional or
36 technical effect on the finished product.
37 4. "Nonfunctional byproduct" shall mean any element or compound which
38 has no functional or technical effect in the finished product which:
39 (a) was intentionally added during the manufacturing process for a
40 personal care product at any point in a product's, a raw material's or
41 ingredient's supply chain; or
42 (b) was created or formed during the manufacturing process as an
43 intentional or unintentional consequence of the manufacturing process at
44 any point in a product's, a raw material's, or an ingredient's supply
45 chain.
46 Nonfunctional byproduct shall include, but is not limited to, an
47 unreacted raw material, a breakdown product of an intentionally added
48 ingredient, or a byproduct of the manufacturing process.
49 5. "Nonfunctional contaminant" shall mean any element or compound
50 present in a personal care product as an unintentional consequence of
51 manufacturing which has no functional or technical effect in the
52 finished product. Nonfunctional contaminants include, but are not limit-
53 ed to, elements or compounds present in the environment as contaminants
54 which were introduced into a product, a raw material, or a product
55 ingredient as a result of the use of an environmental medium, such as a
56 naturally occurring mineral, air, soil or water, in the manufacturing
A. 143--A 3
1 process at any point in a product's, a raw material's, or an ingredi-
2 ent's supply chain.
3 6. "Manufacturer" shall mean any person, firm, association, partner-
4 ship, limited liability company, or corporation which produces,
5 prepares, formulates, or compounds a personal care product, or whose
6 brand name is affixed to such product. In the case of a personal care
7 product imported into the United States, "manufacturer" shall mean the
8 importer or first domestic distributor of the product if the entity that
9 manufactures the product or whose brand name is affixed to the product
10 does not have a presence in the United States.
11 7. "Personal care product" shall mean articles intended to be rubbed,
12 poured, sprinkled, or sprayed on, introduced into, or otherwise applied
13 to the human body or any part thereof for cleansing, beautifying,
14 promoting attractiveness, or altering the appearance, and articles
15 intended for use as a component of any such articles; except that such
16 term shall not include soap.
17 8. "Practical quantification limit" means the lowest level that can be
18 reliably achieved within pre-determined limits of precision and accuracy
19 during routine laboratory operating conditions.
20 9. "Restricted substance" shall mean lead, lead compounds, or mercury
21 and related compounds, formaldehyde, parafolmaldehyde, triclosan,
22 toluene, per- and polyfluoroalkyl substances, dibutyl phthalate,
23 di(2)exylhexyl phthalate, diethyl phthalate, butyl benzyl phthalate,
24 isobutyl-, isopropyl-, butyl-, methyl-, propyl paraben, methylene
25 glycol, oxybenzone, Quanternium-15, m-Phenylenediamine and its salts,
26 and o- Phenylenediamine and its salts.
27 10. "Soap" shall mean articles comprised entirely of an alkali salt of
28 fatty acids where the detergent properties of the article are due to the
29 alkali-fatty acid compounds, and the article shall be labeled, sold, and
30 represented only as a soap.
31 § 37-1103. Disclosure.
32 1. Manufacturers of personal care products distributed, sold or
33 offered for sale in this state, whether at retail or wholesale, for
34 personal, professional or commercial use, or distributed for promotional
35 purposes, shall furnish to the department, in a manner prescribed by the
36 commissioner that is readily accessible to the public, information for
37 each personal care product, including but not limited to:
38 (a) a list naming each ingredient, of the product in descending order
39 of predominance by weight in the product, except that ingredients pres-
40 ent at a weight below one percent (1%) may be listed following other
41 ingredients without respect to the order of predominance by weight; and
42 (b) each ingredient in the product that is a chemical of concern.
43 2. The information required by subdivision one of this section shall
44 be submitted to the department on or before January thirtieth, two thou-
45 sand twenty-four and annually thereafter.
46 3. The information provided pursuant to subdivision one of this
47 section to the department shall be made available to the public by the
48 department, provided however, that an ingredient that is not a chemical
49 of concern may be withheld from public disclosure if the department
50 determines, based on application by the manufacturer, that disclosure
51 would reveal proprietary information. If the department makes such a
52 determination, the manufacturer shall provide a generic name for the
53 ingredient consistent with the confidential chemical substances identify
54 reporting requirements of the federal Toxic Substance Control Act.
55 4. The department may require submission by a manufacturer of the
56 information required by this section to the Interstate Chemicals Clear-
A. 143--A 4
1 inghouse, which may make the reported information available to the
2 public, except for proprietary information withheld under subdivision
3 three of this section.
4 5. The manufacturer shall pay a fee upon submission of the information
5 required pursuant to subdivision one of this section to cover the
6 department's reasonable costs in the administration and enforcement of
7 this title. Exclusive of fines and penalties, the state shall only
8 recover its actual cost of administration and enforcement.
9 § 37-1105. Promulgation of lists.
10 The department shall promulgate as regulations the lists of chemicals
11 of concern and restricted substances on or before the effective date of
12 this title, and shall periodically revise the regulations as necessary
13 when such lists are amended.
14 § 37-1107. Sales prohibition.
15 Effective three years after the effective date of this section, no
16 person shall distribute, sell or offer for sale in this state a personal
17 care product containing a restricted substance.
18 § 37-1109. Small business exemption.
19 The requirements of section 37-1103 of this title shall not apply to
20 personal care product manufacturers that employ ten persons or fewer,
21 and are independently owned and operated.
22 § 37-1111. Penalties.
23 A manufacturer in violation of this title is subject to a civil penal-
24 ty not to exceed five thousand dollars for each violation in the case of
25 a first offense. Manufacturers who commit subsequent violations are
26 subject to a civil penalty not to exceed ten thousand dollars for each
27 additional offense.
28 § 3. Severability. If any provision of this act, or any application of
29 any provision of this act, is held to be invalid, or to violate or be
30 inconsistent with any federal law or regulation, that shall not affect
31 the validity or effectiveness of any other provision of this act, or of
32 any other application of any provision of this act, which can be given
33 effect without that provision or application; and to that end, the
34 provisions and applications of this act are severable.
35 § 4. This act shall take effect one year after it shall have become a
36 law. Effective immediately, the addition, amendment and/or repeal of any
37 rule or regulation necessary for the implementation of this act on its
38 effective date are authorized to be made and completed on or before such
39 effective date.
