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.
STATE OF NEW YORK
________________________________________________________________________
5966
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
___________
Introduced by M. of A. LiPETRI, COLTON, MANKTELOW, McDONOUGH, RAYNOR,
REILLY, PALUMBO, RAIA -- read once and referred 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04804-01-9
A. 5966 2
1 mony, books, records, or other writings as is pertinent to the findings
2 or determinations which he or she is required or authorized to make
3 pursuant to this section. All information reported to or otherwise
4 obtained by the commissioner or his or her representative pursuant to
5 this section that contains or relates to a trade secret, shall be
6 considered confidential, except that such information may be disclosed
7 to other officers or employees concerned with carrying out this section,
8 or when relevant in any proceeding under this section.
9 3. Guaranty. (a) (i) No person shall be subject to prosecution under
10 this section if such person: (A) establishes a guaranty received in good
11 faith signed by and containing the name and address of the person resid-
12 ing in the United States who shall be responsible for the product or
13 related material; and (B) establishes that such product or related mate-
14 rial will be used for research purposes only and shall not be intro-
15 duced, sold or transported in commerce.
16 (ii) Such guaranty shall be either: (A) a separate guaranty specif-
17 ically designating the product, or related material guaranteed, in which
18 case it may be on the invoice or other paper relating to such product,
19 or related material; (B) a continuing guaranty filed with the department
20 or with the federal trade commission applicable to any product, or
21 related material handled by a guarantor, in such form as the department
22 or the federal trade commission by rules or regulations may prescribe;
23 or (C) a continuing guaranty given by seller to buyer applicable to any
24 product, or related material sold or to be sold to buyer by seller in a
25 form as the department or the federal trade commission by rules or regu-
26 lations may prescribe.
27 (b) The furnishing with respect to any product, or related material,
28 of a false guaranty, except by a person relying upon a guaranty to the
29 same effect received in good faith and signed by and containing the name
30 and address of the person residing in the United States by whom the
31 product, or related material guaranteed was manufactured or from whom it
32 was received, with reason to believe the product, or related material
33 falsely guaranteed may be introduced, sold or transported in commerce,
34 is unlawful.
35 4. Exclusions. (a) The provisions of this section shall not apply to
36 any common carrier, contract carrier or freight forwarder with respect
37 to a product, or related material shipped or delivered for shipment
38 through the state for commerce in another state or country.
39 (b) As used in this section, "distribute in commerce" shall not
40 include the resale of products manufactured prior to January first, two
41 thousand nineteen.
42 5. Violations. Each product, or related material made, sold or exposed
43 for sale, shall constitute a separate violation. A violation of any
44 provision of this section or any rule or regulation promulgated here-
45 under is a class A misdemeanor.
46 6. Severability. The provisions of this section shall be severable and
47 if any portion thereof or the applicability thereof to any person or
48 circumstances shall be held to be invalid, the remainder of this section
49 and the application thereof shall not be affected thereby.
50 § 2. This act shall take effect on the one hundred twentieth day after
51 it shall have become a law. Effective immediately, the addition, amend-
52 ment and/or repeal of any rule or regulation necessary for the implemen-
53 tation of this act on its effective date are authorized to be made and
54 completed on or before such effective date.
