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S05645 Summary:

BILL NOS05645
 
SAME ASSAME AS A02727
 
SPONSORFUSCHILLO
 
COSPNSR
 
MLTSPNSR
 
Add S399-j, Gen Bus L
 
Requires sunscreen products to be labeled with expiration dates and storage recommendations; authorizes the attorney general to seek injunctive relief, restitution, and civil penalties in the case of violations; authorizes persons injured by a violation of this law to bring an action for injunctive relief and actual damages or two hundred and fifty dollars, whichever is greater; authorizes the court, in such an action, to increase the award of damages up to one thousand dollars and to award reasonable attorneys' fees to a prevailing plaintiff.
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S05645 Actions:

BILL NOS05645
 
05/31/2013REFERRED TO CONSUMER PROTECTION
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S05645 Floor Votes:

There are no votes for this bill in this legislative session.
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S05645 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5645
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      May 31, 2013
                                       ___________
 
        Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        AN  ACT  to  amend  the  general  business law, in relation to requiring
          sunscreen products to be labeled with a best if used before  date  and
          storage recommendations
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-j to read as follows:
     3    § 399-j. Date and storage labeling of sunscreen products. 1. It  shall
     4  be  unlawful  for  any  person,  firm, corporation, partnership, limited
     5  liability corporation, or other entity to manufacture, for sale, resale,
     6  or distribution in this state, sunscreen which does not contain a  clear
     7  and  conspicuous label indicating a date on which the product is best if
     8  used before. The date required by this section shall be labeled by month
     9  and year.
    10    2. It shall be unlawful for any person,  firm,  corporation,  partner-

    11  ship, limited liability corporation, or other entity to manufacture, for
    12  sale,  resale,  or  distribution in this state, sunscreen which does not
    13  contain a clear and conspicuous label  providing  information  regarding
    14  the recommended storage of such sunscreen product.
    15    3. No person, firm, corporation, partnership, limited liability corpo-
    16  ration,  or  other  entity  shall sell sunscreen which it knows does not
    17  contain the labeling information required by subdivisions one and two of
    18  this section.
    19    4. For purposes of this section,  sunscreen  shall  mean  sunblock  or
    20  similar lotion or topical preparation manufactured and sold for the sole
    21  purpose  of  protecting  the skin from solar and ultraviolet light expo-
    22  sure.

    23    5. (a) Whenever there shall be a violation of this section, an  appli-
    24  cation  may be made by the attorney general in the name of the people of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01420-01-3

        S. 5645                             2
 
     1  the state of New York to a court or justice  having  jurisdiction  by  a
     2  special  proceeding  to  issue  an  injunction,  and  upon notice to the
     3  defendant of not less than five days, to enjoin or restrain the  contin-
     4  uance  of  such violation; and if it shall appear to the satisfaction of

     5  the court or justice that the defendant  has,  in  fact,  violated  this
     6  section, an injunction may be issued by such court or justice, enjoining
     7  and  restraining any further violation, without requiring proof that any
     8  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
     9  proceeding,  the  court  may  make allowances to the attorney general as
    10  provided in paragraph six of subdivision  (a)  of  section  eighty-three
    11  hundred  three  of the civil practice law and rules, and direct restitu-
    12  tion. Whenever the court  shall  determine  that  a  violation  of  this
    13  section  has  occurred, the court may impose a civil penalty of not more
    14  than two hundred fifty dollars for each such  violation.  In  connection

    15  with  any  such proposed application, the attorney general is authorized
    16  to take proof and make a determination of  the  relevant  facts  and  to
    17  issue subpoenas in accordance with the civil practice law and rules.
    18    (b)  In  addition  to  the  authority  granted to the attorney general
    19  pursuant to this section, any person who has been injured by  reason  of
    20  any violation of this section may bring an action in his or her own name
    21  to enjoin such unlawful act or practice. In such action, such person may
    22  recover his or her actual damages or two hundred fifty dollars, whichev-
    23  er  is  greater.  The  court  may, in its discretion increase the damage
    24  award to an amount not to exceed one thousand  dollars.  The  court  may

    25  award reasonable attorneys' fees to a prevailing plaintiff.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
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