NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9068
SPONSOR: Pretlow
 
TITLE OF BILL:
An act to amend the general business law, in relation to limiting the
sale of chemical hair relaxers and at-home permanent hairstyle kits to
licensed cosmetologists
 
PURPOSE OR GENERAL IDEA OF BILL:
To stop the sale of cheMical hair relaxers to consumers that do not have
a cosmetology license.
 
SUMMARY OF SPECIFIC PROVISIONS:
Amending the general business law by adding a new section 399-tt; sale
of certain cosmetology products.
 
JUSTIFICATION:
The Food and Drug Administration (FDA) has proposed to put a ban on
chemical hair relaxers. The target date for this ban is April 2024.
Consumers were given access to a product that was intended for profes-
sional use only. The entire industry has failed to protect consumers and
were using the manufacturers term "for professional use only" to justify
selling this chemical to consumers. If a product should be used by
professionals only, there is no reason why the public should have access
to purchasing. To obtain a Cosmetology license in the state of New York
a person is required to complete 1,000 hours approved course of study
and pass a written and practical state exam. Allowing consumers to have
access to a product they have no educational experience in is negligent.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
9068
IN ASSEMBLY
February 6, 2024
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to limiting the
sale of chemical hair relaxers and at-home permanent hairstyle kits to
licensed cosmetologists
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-tt to read as follows:
3 § 399-tt. Sale of certain cosmetology products. 1. (a) For the
4 purposes of this section "chemical hair relaxer" shall mean any product
5 that is designed to straighten curly, coiled, or tightly coiled hair by
6 breaking the disulfide bonds found within a persons hair;
7 (b) "permanent hairstyle kit" shall mean any product that alters the
8 structure in a persons hair to create a hairstyle, otherwise known as, a
9 perm; and
10 (c) "entity" shall mean any business, firm, partnership, association,
11 limited liability company, or corporation.
12 2. Any entity licensed or authorized to do business in the state of
13 New York that provides cosmetology products shall only sell or offer for
14 retail sale chemical hair relaxers or permanent hairstyle kits to indi-
15 viduals licensed in the practice of cosmetology pursuant to article
16 twenty-seven of this chapter.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13814-01-3