STATE OF NEW YORK
________________________________________________________________________
5122
2021-2022 Regular Sessions
IN SENATE
February 24, 2021
___________
Introduced by Sen. KENNEDY -- 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
prohibiting the sale of cleaning products containing triclosan,
triclocarban or derivatives of such antibacterial compounds
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 37-0121 to read as follows:
3 § 37-0121. Prohibition of triclosan, triclocarban or derivatives of such
4 antibacterial compounds.
5 1. No person, firm, partnership, association, limited liability compa-
6 ny or corporation shall sell or offer for sale any cleaning products
7 containing triclosan, triclocarban, or derivatives of such antibacterial
8 compounds, within New York state, provided, however, that this section
9 shall not prohibit the sale of products containing such antibacterial
10 compounds that are used solely in medical facilities.
11 2. The department is authorized to promulgate such rules and regu-
12 lations as it shall deem necessary to implement the provisions of this
13 section.
14 § 2. Section 37-0101 of the environmental conservation law is amended
15 by adding a new subdivision 7 to read as follows:
16 7. "Cleaning products" means, but are not limited to, dishwashing
17 liquids, laundry detergents, fabric softeners, disinfectants, sponges,
18 mop heads, brooms, garbage bags, cleaning agents, antibacterial soaps,
19 hand soaps, bar soaps, liquid soaps, hand sanitizers, skin purifying
20 wipes, body washes, facial and body cleansers, shampoos, and condition-
21 ers.
22 § 3. Section 71-3703 of the environmental conservation law is amended
23 by adding a new subdivision 5 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07007-01-1
S. 5122 2
1 5. Any person, firm, partnership, association, limited liability
2 company, or corporation who violates any of the provisions of section
3 37-0121 or any rule or regulation promulgated pursuant hereto, shall be
4 liable for a civil penalty not to exceed one thousand dollars for each
5 day during which such violation continues, and in addition thereto, such
6 person, firm, partnership, association, limited liability company, or
7 corporation may be enjoined from continuing such violation. Such
8 person, firm, partnership, association, limited liability company, or
9 corporation shall for a second violation be liable to the people of the
10 state for a civil penalty not to exceed two thousand five hundred
11 dollars for each day during which such violation continues.
12 § 4. This act shall take effect one year and six months after it shall
13 have become a law. Effective immediately the addition and/or repeal of
14 any rule or regulation necessary for the implementation of this act on
15 its effective date are authorized and directed to be made and completed
16 on or before one year after this act shall have become a law.
