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S06940 Summary:

S06940 Actions:

S06940 Committee Votes:

S06940 Floor Votes:

S06940 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6940
 
                    IN SENATE
 
                                     January 6, 2020
                                       ___________
 
        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting   household  cleansing  products,  cosmetic  products  and
          personal care products that contain 1,4-dioxane
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  7  of  section  35-0105 of the environmental
     2  conservation law, as added by a chapter of the laws of 2019 amending the
     3  environmental conservation law relating to prohibiting household cleans-
     4  ing products, cosmetic products and personal care products that  contain
     5  1,4-dioxane,  as proposed in legislative bills numbers S.  4389-B and A.
     6  6295-A, is amended to read as follows:
     7    7. The department is authorized to promulgate  such  rules  and  regu-
     8  lations  as  it shall deem necessary to implement the provisions of this
     9  section, including rules and regulations with respect to  any  allowable
    10  trace   concentrations[,   consistent  with  the  requirements  of  this
    11  section].
    12    § 2. Section 37-0115 of the environmental conservation law,  as  added
    13  by a chapter of the laws of 2019 amending the environmental conservation
    14  law  relating  to  prohibiting  household  cleansing  products, cosmetic
    15  products  and  personal  care  products  that  contain  1,4-dioxane,  as
    16  proposed  in  legislative  bills  numbers  S.  4389-B  and A. 6295-A, is
    17  amended to read as follows:
    18  § [37-0115] 37-0117. Prohibition of cosmetic products and personal  care
    19               products containing 1,4-dioxane.
    20    1.  The term "cosmetic product" shall mean any article (a) intended to
    21  be rubbed, sprinkled, or  sprayed  on,  introduced  into,  or  otherwise
    22  applied to the human body or any part thereof for beautifying, promoting
    23  attractiveness,  or altering the appearance, and (b) intended for use as
    24  a component of any such article. The term "cosmetic product"  shall  not
    25  include any personal care product as defined in this section for which a
    26  prescription is required for distribution or dispensation as provided in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10243-07-0
        S. 6940                             2
 
     1  section  two  hundred  eighty-one  of  the  public health law or section
     2  sixty-eight hundred ten of the education law.
     3    2.  The  term  "personal care product" shall mean any product intended
     4  for cleaning or cleansing any part of the body, such  as  the  skin  and
     5  hair,  and including but not limited to, hair shampoo, hair conditioner,
     6  soap, bath gels and other bath products.  The term "personal care  prod-
     7  uct"  shall not include any product for which a prescription is required
     8  for distribution or dispensation as  provided  in  section  two  hundred
     9  eighty-one  of  the public health law or section sixty-eight hundred ten
    10  of the education law.
    11    3. No person shall  sell  or  offer  for  sale  any  cosmetic  product
    12  containing  1,4-dioxane,  other  than such trace concentrations, [not to
    13  exceed] that exceeds ten parts per million by December thirty-first, two
    14  thousand twenty-two.
    15    4. No person shall sell or offer for sale any  personal  care  product
    16  containing 1,4-dioxane, other than such trace concentrations, as author-
    17  ized by the commissioner, in consultation with the department of health,
    18  by  regulation; and further, such trace concentrations for personal care
    19  products shall not exceed two parts  per  million  by  December  thirty-
    20  first,  two  thousand  twenty-two  and  one part per million by December
    21  thirty-first, two thousand twenty-three.
    22    5. No later then May first, two thousand twenty-five,  and  every  two
    23  years thereafter, the department, in consultation with the department of
    24  health,  shall  review such trace concentration thresholds and determine
    25  whether such concentrations shall be lowered  to  better  protect  human
    26  health and the environment.
    27    6.  The  department  is  authorized to promulgate such rules and regu-
    28  lations as it shall deem necessary to implement the provisions  of  this
    29  section,  including  rules and regulations with respect to any allowable
    30  trace  concentrations[,  consistent  with  the  requirements   of   this
    31  section].
    32    7.  A  manufacturer  of  a  cosmetic product or personal care product,
    33  otherwise subject to the requirements of this section, may apply to  the
    34  department  for  a one-year waiver from such requirements for a specific
    35  cosmetic product or personal care product, and upon such proof that  the
    36  manufacturer  has  taken  steps to reduce the presence of 1,4-dioxane in
    37  that product and is unable to  comply  with  the  requirements  of  this
    38  section.    Thereafter, a manufacturer may apply for one additional one-
    39  year waiver for such product, upon  its  satisfaction  of  such  similar
    40  proof.
    41    §  3.  Subdivision 4 of section 71-3703 of the environmental conserva-
    42  tion law, as added by a chapter of the laws of 2019 amending  the  envi-
    43  ronmental  conservation  law relating to prohibiting household cleansing
    44  products, cosmetic products and  personal  care  products  that  contain
    45  1,4-dioxane,  as proposed in legislative bills numbers S.  4389-B and A.
    46  6295-A, is amended to read as follows:
    47    4. Any person who violates any of the provisions of, or who  fails  to
    48  perform  any  duty  imposed  by section [37-0115] 37-0117 or any rule or
    49  regulation promulgated pursuant hereto, shall  be  liable  for  a  civil
    50  penalty  not  to  exceed  one thousand dollars for each day during which
    51  such violation continues, and in addition thereto, such  person  may  be
    52  enjoined  from continuing such violation. Such person shall for a second
    53  violation be liable to the people of the state for a civil  penalty  not
    54  to  exceed  two  thousand five hundred dollars for each day during which
    55  such violation continues.
        S. 6940                             3
 
     1    § 4. This act shall take effect on the  same  date  and  in  the  same
     2  manner  as  a  chapter  of  the  laws of 2019 amending the environmental
     3  conservation law relating to prohibiting household  cleansing  products,
     4  cosmetic  products  and personal care products that contain 1,4-dioxane,
     5  as  proposed in legislative bills numbers S. 4389-B and A. 6295-A, takes
     6  effect.