STATE OF NEW YORK
________________________________________________________________________
3529--C
Cal. No. 98
2023-2024 Regular Sessions
IN SENATE
January 31, 2023
___________
Introduced by Sens. FERNANDEZ, CLEARE, ADDABBO, ASHBY, CHU, HARCKHAM,
HOYLMAN-SIGAL, JACKSON, LIU, MARTINEZ, MARTINS, MAY, MAYER, MYRIE,
RHOADS, ROLISON, SERRANO, TEDISCO, WEBB -- read twice and ordered
printed, and when printed to be committed to the Committee on Women's
Issues -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Women's Issues in accordance with Senate Rule 6, sec. 8
-- reported favorably from said committee, ordered to first and second
report, ordered to a third reading, passed by Senate and delivered to
the Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading -- again amended and ordered reprinted, retaining its
place in the order of third reading
AN ACT to amend the general business law, in relation to the restriction
of certain substances in menstrual products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 399-aaaa of the
2 general business law, as added by chapter 362 of the laws of 2019, is
3 amended and three new paragraphs (c), (d) and (e) are added to read as
4 follows:
5 (b) "menstrual product" shall mean products used for the purpose of
6 catching menstruation and vaginal discharge, including but not limited
7 to tampons, pads, and menstrual cups. These products may be either
8 disposable or reusable[.];
9 (c) "restricted substance" shall mean an unsafe chemical for inclusion
10 in menstrual products as determined by the commissioner of health, which
11 shall include, but not be limited to, lead, mercury and related
12 compounds, formaldehyde, triclosan, toluene, talc, dibutyl phthalate,
13 di(2)exylhexyl phthalate, butylphenyl methylpropional and isobutyl-,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04800-11-4
S. 3529--C 2
1 isopropyl-, butyl-, propylparaben, and perfluoroalkyl and polyfluoroal-
2 kyl substances;
3 (d) "perfluoroalkyl and polyfluoroalkyl substances" shall mean a class
4 of fluorinated organic chemicals containing at least one fully fluori-
5 nated carbon atom;
6 (e) "intentionally added ingredient" shall mean any element or
7 compound that a manufacturer has intentionally added to a menstrual
8 product, and which has a functional or technical effect in the finished
9 product, including, but not limited to, the components of intentionally
10 added fragrance, flavoring and colorants, and the intentional breakdown
11 products of an added element or compound that also has a functional or
12 technical effect on the finished product.
13 § 2. Subdivision 4 of section 399-aaaa of the general business law is
14 renumbered subdivision 5 and a new subdivision 4 is added to read as
15 follows:
16 4. No menstrual products distributed, sold or offered for sale in this
17 state, whether at retail or wholesale, for personal, professional or
18 commercial use, or distributed for promotional purposes, shall contain:
19 (a) as of the effective date, a restricted substance present as an
20 intentionally added ingredient at any level; or
21 (b) as of two years after thresholds are established in regulation,
22 but no later than January first, two thousand twenty-eight, a restricted
23 substance at or above a level that the department of health, in consul-
24 tation with the department of environmental conservation, shall estab-
25 lish in regulation that is the lowest level that can feasibly be
26 achieved; provided, however, that the department of health and depart-
27 ment of environmental conservation shall review such level every five
28 years to determine whether it should be lowered. The commissioner of
29 health shall promulgate regulations establishing these levels no later
30 than a year after the effective date of this section.
31 § 3. This act shall take effect twelve months after it shall have
32 become a law. Effective immediately, the addition, amendment, and/or
33 repeal of any rule or regulation necessary for the implementation of
34 this act on its effective date are authorized to be made and completed
35 on or before such effective date.