STATE OF NEW YORK
________________________________________________________________________
5990--C
Cal. No. 228
2023-2024 Regular Sessions
IN ASSEMBLY
March 28, 2023
___________
Introduced by M. of A. L. ROSENTHAL, GLICK, FAHY, SIMON, GALLAGHER,
LEVENBERG, CRUZ, JACKSON, TAYLOR, SIMONE, BORES, DICKENS, LUNSFORD,
COLTON, STECK, SHIMSKY, RAGA, DINOWITZ, STERN, JACOBSON, RAJKUMAR,
THIELE, BARRETT, KIM, HEVESI, ANDERSON, GUNTHER, JEAN-PIERRE, EPSTEIN,
McMAHON, SANTABARBARA, CLARK, MAMDANI, SEAWRIGHT, FORREST, CARROLL,
BICHOTTE HERMELYN, SHRESTHA, CUNNINGHAM, RA, EACHUS, BURGOS, SAYEGH,
OTIS, DE LOS SANTOS, WOERNER, SILLITTI, SLATER, HUNTER, NOVAKHOV,
WEPRIN, VANEL, WALLACE, ZINERMAN, ZACCARO, BENEDETTO, PRETLOW, RIVERA,
STIRPE, JONES, LUPARDO, MEEKS, CONRAD, McDONALD, LEE, ARDILA, BRONSON,
BUTTENSCHON, PHEFFER AMATO, DAVILA, McDONALD, AUBRY, DILAN, MANKTELOW,
GALLAHAN, GANDOLFO, RAMOS, K. BROWN, BURKE, DURSO, KELLES, ROZIC,
BENDETT, REYES, JENSEN, DARLING, BURDICK, PAULIN, ALVAREZ -- read once
and referred to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Health in accordance with
Assembly Rule 3, sec. 2 -- reported from committee, advanced to a
third reading, amended and ordered reprinted, retaining its place on
the order of third reading -- again amended on third reading, ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the general business law, in relation to the restriction
of certain substances in menstrual products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 399-aaaa of the
2 general business law, as added by chapter 362 of the laws of 2019, is
3 amended and three new paragraphs (c), (d) and (e) are added to read as
4 follows:
5 (b) "menstrual product" shall mean products used for the purpose of
6 catching menstruation and vaginal discharge, including but not limited
7 to tampons, pads, and menstrual cups. These products may be either
8 disposable or reusable[.];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04800-12-4
A. 5990--C 2
1 (c) "restricted substance" shall mean an unsafe chemical for inclusion
2 in menstrual products as determined by the commissioner of health, which
3 shall include, but not be limited to, lead, mercury and related
4 compounds, formaldehyde, triclosan, toluene, talc, dibutyl phthalate,
5 di(2)exylhexyl phthalate, butylphenyl methylpropional and isobutyl-,
6 isopropyl-, butyl-, propylparaben, and perfluoroalkyl and polyfluoroal-
7 kyl substances;
8 (d) "perfluoroalkyl and polyfluoroalkyl substances" shall mean a class
9 of fluorinated organic chemicals containing at least one fully fluori-
10 nated carbon atom;
11 (e) "intentionally added ingredient" shall mean any element or
12 compound that a manufacturer has intentionally added to a menstrual
13 product, and which has a functional or technical effect in the finished
14 product, including, but not limited to, the components of intentionally
15 added fragrance, flavoring and colorants, and the intentional breakdown
16 products of an added element or compound that also has a functional or
17 technical effect on the finished product.
18 § 2. Subdivision 4 of section 399-aaaa of the general business law is
19 renumbered subdivision 5 and a new subdivision 4 is added to read as
20 follows:
21 4. No menstrual products distributed, sold or offered for sale in this
22 state, whether at retail or wholesale, for personal, professional or
23 commercial use, or distributed for promotional purposes, shall contain:
24 (a) as of the effective date, a restricted substance present as an
25 intentionally added ingredient at any level; or
26 (b) as of two years after thresholds are established in regulation,
27 but no later than January first, two thousand twenty-eight, a restricted
28 substance at or above a level that the department of health, in consul-
29 tation with the department of environmental conservation, shall estab-
30 lish in regulation that is the lowest level that can feasibly be
31 achieved; provided, however, that the department of health and depart-
32 ment of environmental conservation shall review such level every five
33 years to determine whether it should be lowered. The commissioner of
34 health shall promulgate regulations establishing these levels no later
35 than a year after the effective date of this section.
36 § 3. This act shall take effect twelve months after it shall have
37 become a law. Effective immediately, the addition, amendment, and/or
38 repeal of any rule or regulation necessary for the implementation of
39 this act on its effective date are authorized to be made and completed
40 on or before such effective date.
