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
________________________________________________________________________
3331--B
Cal. No. 1100
2021-2022 Regular Sessions
IN SENATE
January 28, 2021
___________
Introduced by Sens. RIVERA, SALAZAR, BAILEY, BIAGGI, BOYLE, BRISPORT,
BROOKS, BROUK, CLEARE, HARCKHAM, HINCHEY, HOYLMAN, JACKSON, KAPLAN,
KRUEGER, LIU, MANNION, MARTUCCI, MYRIE, REICHLIN-MELNICK, SANDERS,
SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed
to be committed to the Committee on Environmental Conservation --
recommitted to the Committee on Environmental Conservation in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00402-06-2
S. 3331--B 2
1 restrictions on chemicals in personal care products than does the United
2 States. Therefore, the legislature finds and declares that federal
3 disclosure requirements are inadequate to educate and protect consumers,
4 and that it shall be the policy of the state to require the personal
5 care product industry to more fully disclose ingredients and identify
6 ingredients published as chemicals of concern on lists identified by the
7 commissioner and other state, national or international lists.
8 § 2. Article 37 of the environmental conservation law is amended by
9 adding a new title 11 to read as follows:
10 TITLE XI
11 PERSONAL CARE AND COSMETICS
12 Section 37-1101. Definitions.
13 37-1103. Disclosure.
14 37-1105. Promulgation of lists.
15 37-1107. Sales prohibition.
16 37-1109. Small business exemption.
17 37-1111. Penalties.
18 § 37-1101. Definitions.
19 As used in this title, unless the context requires otherwise:
20 1. "Chemical of concern" shall mean a chemical or class of chemicals
21 referenced in Section 108954(a)(1) of Chapter 13 to Part 3 of Division
22 104 of the California Health and Safety Code as of March fifteenth, two
23 thousand twenty-two, and asthmagens as designated by the commissioner,
24 in consultation with the commissioner of health.
25 2. "Ingredient" shall mean:
26 (a) an intentionally added ingredient present in any quantity in a
27 personal care product; or
28 (b) a nonfunctional byproduct or nonfunctional contaminant present in
29 a personal care product, in any quantity, provided such element or
30 compound is a chemical of concern.
31 3. "Intentionally added ingredient" shall mean any element or compound
32 that a manufacturer has intentionally added to a personal care product,
33 and which has a functional or technical effect in the finished product,
34 including, but not limited to, the components of intentionally added
35 fragrance, flavoring and colorants, and the intentional breakdown
36 products of an added element or compound that also has a functional or
37 technical effect on the finished product.
38 4. "Nonfunctional byproduct" shall mean any element or compound which
39 has no functional or technical effect in the finished product which:
40 (a) was intentionally added during the manufacturing process for a
41 personal care product at any point in a product's, a raw material's or
42 ingredient's supply chain; or
43 (b) was created or formed during the manufacturing process as an
44 intentional or unintentional consequence of the manufacturing process at
45 any point in a product's, a raw material's, or an ingredient's supply
46 chain.
47 Nonfunctional byproduct shall include, but is not limited to, an
48 unreacted raw material, a breakdown product of an intentionally added
49 ingredient, or a byproduct of the manufacturing process.
50 5. "Nonfunctional contaminant" shall mean any element or compound
51 present in a personal care product as an unintentional consequence of
52 manufacturing which has no functional or technical effect in the
53 finished product. Nonfunctional contaminants include, but are not limit-
54 ed to, elements or compounds present in the environment as contaminants
55 which were introduced into a product, a raw material, or a product
56 ingredient as a result of the use of an environmental medium, such as a
S. 3331--B 3
1 naturally occurring mineral, air, soil or water, in the manufacturing
2 process at any point in a product's, a raw material's, or an ingredi-
3 ent's supply chain.
4 6. "Manufacturer" shall mean any person, firm, association, partner-
5 ship, limited liability company, or corporation which produces,
6 prepares, formulates, or compounds a personal care product, or whose
7 brand name is affixed to such product. In the case of a personal care
8 product imported into the United States, "manufacturer" shall mean the
9 importer or first domestic distributor of the product if the entity that
10 manufactures the product or whose brand name is affixed to the product
11 does not have a presence in the United States.
12 7. "Personal care product" shall mean articles intended to be rubbed,
13 poured, sprinkled, or sprayed on, introduced into, or otherwise applied
14 to the human body or any part thereof for cleansing, beautifying,
15 promoting attractiveness, or altering the appearance, and articles
16 intended for use as a component of any such articles; except that such
17 term shall not include soap.
18 8. "Practical quantification limit" means the lowest level that can be
19 reliably achieved within pre-determined limits of precision and accuracy
20 during routine laboratory operating conditions.
21 9. "Restricted substance" shall mean lead, lead compounds, or mercury
22 and related compounds, formaldehyde, parafolmaldehyde, triclosan,
23 toluene, per- and polyfluoroalkyl substances, dibutyl phthalate,
24 di(2)exylhexyl phthalate, diethyl phthalate, butyl benzyl phthalate,
25 isobutyl-, isopropyl-, butyl-, methyl-, propyl paraben, methylene
26 glycol, oxybenzone, Quanternium-15, m-Phenylenediamine and its salts,
27 and o- Phenylenediamine and its salts.
28 10. "Soap" shall mean articles comprised entirely of an alkali salt of
29 fatty acids where the detergent properties of the article are due to the
30 alkali-fatty acid compounds, and the article shall be labeled, sold, and
31 represented only as a soap.
32 § 37-1103. Disclosure.
33 1. Manufacturers of personal care products distributed, sold or
34 offered for sale in this state, whether at retail or wholesale, for
35 personal, professional or commercial use, or distributed for promotional
36 purposes, shall furnish to the department, in a manner prescribed by the
37 commissioner that is readily accessible to the public, information for
38 each personal care product, including but not limited to:
39 (a) a list naming each ingredient, of the product in descending order
40 of predominance by weight in the product, except that ingredients pres-
41 ent at a weight below one percent (1%) may be listed following other
42 ingredients without respect to the order of predominance by weight; and
43 (b) each ingredient in the product that is a chemical of concern.
44 2. The information required by subdivision one of this section shall
45 be submitted to the department on or before January thirtieth, two thou-
46 sand twenty-four and annually thereafter.
47 3. The information provided pursuant to subdivision one of this
48 section to the department shall be made available to the public by the
49 department, provided however, that an ingredient that is not a chemical
50 of concern may be withheld from public disclosure if the department
51 determines, based on application by the manufacturer, that disclosure
52 would reveal proprietary information. If the department makes such a
53 determination, the manufacturer shall provide a generic name for the
54 ingredient consistent with the confidential chemical substances identify
55 reporting requirements of the federal Toxic Substance Control Act.
S. 3331--B 4
1 4. The department may require submission by a manufacturer of the
2 information required by this section to the Interstate Chemicals Clear-
3 inghouse, which may make the reported information available to the
4 public, except for proprietary information withheld under subdivision
5 three of this section.
6 5. The manufacturer shall pay a fee upon submission of the information
7 required pursuant to subdivision one of this section to cover the
8 department's reasonable costs in the administration and enforcement of
9 this title. Exclusive of fines and penalties, the state shall only
10 recover its actual cost of administration and enforcement.
11 § 37-1105. Promulgation of lists.
12 The department shall promulgate as regulations the lists of chemicals
13 of concern and restricted substances on or before the effective date of
14 this title, and shall periodically revise the regulations as necessary
15 when such lists are amended.
16 § 37-1107. Sales prohibition.
17 Effective three years after the effective date of this section, no
18 person shall distribute, sell or offer for sale in this state a personal
19 care product containing a restricted substance.
20 § 37-1109. Small business exemption.
21 The requirements of section 37-1103 of this title shall not apply to
22 personal care product manufacturers that employ ten persons or fewer,
23 and are independently owned and operated.
24 § 37-1111. Penalties.
25 A manufacturer in violation of this title is subject to a civil penal-
26 ty not to exceed five thousand dollars for each violation in the case of
27 a first offense. Manufacturers who commit subsequent violations are
28 subject to a civil penalty not to exceed ten thousand dollars for each
29 additional offense.
30 § 3. Severability. If any provision of this act, or any application of
31 any provision of this act, is held to be invalid, or to violate or be
32 inconsistent with any federal law or regulation, that shall not affect
33 the validity or effectiveness of any other provision of this act, or of
34 any other application of any provision of this act, which can be given
35 effect without that provision or application; and to that end, the
36 provisions and applications of this act are severable.
37 § 4. This act shall take effect one year after it shall have become a
38 law. Effective immediately, the addition, amendment and/or repeal of any
39 rule or regulation necessary for the implementation of this act on its
40 effective date are authorized to be made and completed on or before such
41 effective date.
