|SAME AS||SAME AS A05966|
|Add §37-0115, En Con L|
|Relates to banning certain chemicals from being manufactured, used, or stored within the state including triclosan, 1,4-dioxane, isophorone, cyclohexanone, or any synonym of such products.|
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STATE OF NEW YORK ________________________________________________________________________ 1184 2019-2020 Regular Sessions IN SENATE January 11, 2019 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to banning certain chemicals from being manufactured, used, or stored within the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 37-0115 to read as follows: 3 § 37-0115. Prohibition against triclosan, 1,4-dioxane, isophorone, or 4 cyclohexanone. 5 1. Manufacturing, processing, or distribution. No person shall manu- 6 facture, process or distribute in commerce a product, or a part of a 7 product, containing triclosan, 1,4-dioxane, isophorone, cyclohexanone, 8 or any synonym of such products. This restriction shall not apply to the 9 use of isophorone or cyclohexanone, or any synonym of such products, 10 used in the manufacture, process, or distribution of an item that cannot 11 reasonably be expected to come into use by an individual under the age 12 of eighteen. 13 2. Administration. (a) The commissioner is hereby authorized and 14 directed to prescribe such rules and regulations, including provisions 15 for maintenance of records relating to products or related materials, 16 and for the labeling of a product or related material, as may be neces- 17 sary and proper for purposes of administration and enforcement of this 18 section. 19 (b) The commissioner is hereby empowered to order the recall of or 20 confiscation of consumer products offered for sale that do not meet the 21 standards set forth in or pursuant to this section. 22 (c) The commissioner may obtain from any person by regulation or 23 subpoena issued pursuant thereto, such information in the form of testi- 24 mony, books, records, or other writings as is pertinent to the findings EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04804-01-9S. 1184 2 1 or determinations which he or she is required or authorized to make 2 pursuant to this section. All information reported to or otherwise 3 obtained by the commissioner or his or her representative pursuant to 4 this section that contains or relates to a trade secret, shall be 5 considered confidential, except that such information may be disclosed 6 to other officers or employees concerned with carrying out this section, 7 or when relevant in any proceeding under this section. 8 3. Guaranty. (a) (i) No person shall be subject to prosecution under 9 this section if such person: (A) establishes a guaranty received in good 10 faith signed by and containing the name and address of the person resid- 11 ing in the United States who shall be responsible for the product or 12 related material; and (B) establishes that such product or related mate- 13 rial will be used for research purposes only and shall not be intro- 14 duced, sold or transported in commerce. 15 (ii) Such guaranty shall be either: (A) a separate guaranty specif- 16 ically designating the product, or related material guaranteed, in which 17 case it may be on the invoice or other paper relating to such product, 18 or related material; (B) a continuing guaranty filed with the department 19 or with the federal trade commission applicable to any product, or 20 related material handled by a guarantor, in such form as the department 21 or the federal trade commission by rules or regulations may prescribe; 22 or (C) a continuing guaranty given by seller to buyer applicable to any 23 product, or related material sold or to be sold to buyer by seller in a 24 form as the department or the federal trade commission by rules or regu- 25 lations may prescribe. 26 (b) The furnishing with respect to any product, or related material, 27 of a false guaranty, except by a person relying upon a guaranty to the 28 same effect received in good faith and signed by and containing the name 29 and address of the person residing in the United States by whom the 30 product, or related material guaranteed was manufactured or from whom it 31 was received, with reason to believe the product, or related material 32 falsely guaranteed may be introduced, sold or transported in commerce, 33 is unlawful. 34 4. Exclusions. (a) The provisions of this section shall not apply to 35 any common carrier, contract carrier or freight forwarder with respect 36 to a product, or related material shipped or delivered for shipment 37 through the state for commerce in another state or country. 38 (b) As used in this section, "distribute in commerce" shall not 39 include the resale of products manufactured prior to January first, two 40 thousand nineteen. 41 5. Violations. Each product, or related material made, sold or exposed 42 for sale, shall constitute a separate violation. A violation of any 43 provision of this section or any rule or regulation promulgated here- 44 under is a class A misdemeanor. 45 6. Severability. The provisions of this section shall be severable and 46 if any portion thereof or the applicability thereof to any person or 47 circumstances shall be held to be invalid, the remainder of this section 48 and the application thereof shall not be affected thereby. 49 § 2. This act shall take effect on the one hundred twentieth day after 50 it shall have become a law. Effective immediately, the addition, amend- 51 ment and/or repeal of any rule or regulation necessary for the implemen- 52 tation of this act on its effective date are authorized to be made and 53 completed on or before such effective date.