STATE OF NEW YORK
________________________________________________________________________
8816
IN SENATE
January 8, 2026
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law, in relation to the restriction
of certain substances in menstrual products; and to amend a chapter of
the laws of 2025 amending the general business law relating to the
restriction of certain substances in menstrual products, as proposed
in legislative bills numbers S. 1548 and A. 1502, in relation to the
effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 399-aaaa of the
2 general business law, as added by a chapter of the laws of 2025 amending
3 the general business law relating to the restriction of certain
4 substances in menstrual products, as proposed in legislative bills
5 numbers S. 1548 and A. 1502, is amended to read as follows:
6 (c) "restricted substance" shall mean [an unsafe chemical for inclu-
7 sion in menstrual products as determined by the commissioner of health,
8 which shall include, but not be limited to,] lead, mercury and related
9 compounds, formaldehyde, triclosan, toluene, talc, dibutyl phthalate,
10 [di(2)exylhexyl] di(2-ethylhexyl) phthalate, 2-(4-Tertbutylbenzyl)
11 propionaldehyde (also known as butylphenyl methylpropional [and isobu-
12 tyl-, isopropyl-, butyl-,]), isobutylparaben, isopropylparaben, butyl-
13 paraben, propylparaben, and perfluoroalkyl and polyfluoroalkyl
14 substances;
15 § 2. Subdivision 4 of section 399-aaaa of the general business law, as
16 added by a chapter of the laws of 2025 amending the general business law
17 relating to the restriction of certain substances in menstrual products,
18 as proposed in legislative bills numbers S. 1548 and A. 1502, is amended
19 to read as follows:
20 4. No menstrual products distributed, sold or offered for sale in this
21 state, whether at retail or wholesale, for personal, professional or
22 commercial use, or distributed for promotional purposes, shall contain[:
23 (a) as of the effective date,] a restricted substance present as an
24 intentionally added ingredient at any level[; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04698-02-6
S. 8816 2
1 (b) as of two years after thresholds are established in regulation,
2 but no later than January first, two thousand twenty-nine, a restricted
3 substance at or above a level that the department of health, in consul-
4 tation with the department of environmental conservation, shall estab-
5 lish in regulation that is the lowest level that can feasibly be
6 achieved; provided, however, that the department of health and depart-
7 ment of environmental conservation shall review such level every five
8 years to determine whether it should be lowered. The commissioner of
9 health shall promulgate regulations establishing these levels no later
10 than a year after the effective date of this section].
11 § 3. Section 3 of a chapter of the laws of 2025 amending the general
12 business law relating to the restriction of certain substances in
13 menstrual products, as proposed in legislative bills numbers S. 1548 and
14 A. 1502, is amended to read as follows:
15 § 3. This act shall take effect twelve months after it shall have
16 become a law. [Effective immediately, the addition, amendment, and/or
17 repeal of any rule or regulation necessary for the implementation of
18 this act on its effective date are authorized to be made and completed
19 on or before such effective date.]
20 § 4. This act shall take effect immediately; provided, however, that
21 sections one and two of this act shall take effect on the same date and
22 in the same manner as a chapter of the laws of 2025 amending the general
23 business law relating to the restriction of certain substances in
24 menstrual products, as proposed in legislative bills numbers S. 1548 and
25 A. 1502, takes effect.
