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A02727 Summary:

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A02727 Floor Votes:

A02727 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2727--B
                                                                Cal. No. 156
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  WEISENBERG, GALEF, McKEVITT, MILLER, COLTON,
          COOK, ZEBROWSKI, ROSENTHAL, JAFFEE, HOOPER, OTIS,  SCHIMEL,  WEINSTEIN
          -- Multi-Sponsored by -- M. of A. DINOWITZ, DUPREY, GOTTFRIED, HIKIND,
          JACOBS,  McDONALD, ROBINSON, SWEENEY, TITONE -- read once and referred

          to the Committee on Consumer Affairs and Protection --  ordered  to  a
          third  reading  --  passed  by  Assembly  and delivered to the Senate,
          recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
          reprinted,  retaining  its  place  on  the  order  of third reading --
          repassed by Assembly and delivered to the Senate,  recalled  from  the
          Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
          its place on the order of third reading
 
        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
          providing for the repeal of such provisions upon expiration thereof
 
          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 labeling of sunscreen products. 1. It shall be unlawful
     4  for any person, firm, corporation, partnership, limited liability corpo-
     5  ration, or other entity to manufacture, for sale,  resale,  or  distrib-
     6  ution in this state, sunscreen which does not contain a label indicating
     7  a date on which the product is best if used before. The date required by
     8  this section shall be labeled by month and year.
     9    2. No person, firm, corporation, partnership, limited liability corpo-
    10  ration,  or  other  entity  shall sell sunscreen which it knows does not
    11  contain the labeling information required by  subdivision  one  of  this
    12  section.

    13    3.  For purposes of this section, sunscreen shall mean a topical, non-
    14  dosage product intended for use strictly as a human  OTC  drug  product,
    15  and  not  also  a  cosmetic product, and labeled with the term "SPF" and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01420-06-4
        A. 2727--B                          2
 
     1  labeled solely for use in sunburn protection, and  containing  at  least
     2  one  active ingredient listed in 21 C.F.R. 352.10 that absorbs, reflects
     3  or scatters radiation.  For purposes of this section  "sunscreen"  shall

     4  not  include  products in which available empirical testing demonstrates
     5  that the sunscreen product maintains its integrity and effectiveness for
     6  a period of at least three years.
     7    4. Whenever there shall be a violation of this section, an application
     8  may be made by the attorney general in the name of  the  people  of  the
     9  state of New York to a court or justice having jurisdiction by a special
    10  proceeding  to  issue an injunction, and upon notice to the defendant of
    11  not less than five days, to enjoin or restrain the continuance  of  such
    12  violation;  and  if  it shall appear to the satisfaction of the court or
    13  justice that the defendant has,  in  fact,  violated  this  section,  an

    14  injunction  may  be  issued  by  such  court  or  justice, enjoining and
    15  restraining any further violation,  without  requiring  proof  that  any
    16  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    17  proceeding, the court may make allowances to  the  attorney  general  as
    18  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    19  hundred three of the civil practice law and rules, and  direct  restitu-
    20  tion.  Whenever  the  court  shall  determine  that  a violation of this
    21  section has occurred, the court may impose a civil penalty of  not  more
    22  than  two  hundred  fifty dollars for each such violation. In connection
    23  with any such proposed application, the attorney general  is  authorized

    24  to  take  proof  and  make  a determination of the relevant facts and to
    25  issue subpoenas in accordance with the civil  practice  law  and  rules.
    26  Any  monetary  penalties that are secured by the state shall be utilized
    27  by the department of health for sunscreen education programs.
    28    § 2. This act shall take effect two years after it shall have become a
    29  law; provided that it shall be repealed upon the adoption by the  United
    30  States  Food  and  Drug Administration of a final OTC drug monograph for
    31  sunscreen products; provided that the commissioner of health shall noti-
    32  fy the legislative bill drafting commission upon the occurrence  of  the
    33  adoption  of  a final OTC drug monograph for sunscreen products provided
    34  for in this act in order that the commission may  maintain  an  accurate

    35  and  timely  effective data base of the official text of the laws of the
    36  state of New York in  furtherance  of  effectuating  the  provisions  of
    37  section  44  of the legislative law and section 70-b of the public offi-
    38  cers law.