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S00099 Summary:

BILL NOS00099
 
SAME ASSAME AS A04459
 
SPONSORKAMINSKY
 
COSPNSRGAUGHRAN, KAPLAN, THOMAS
 
MLTSPNSR
 
Add 37-0115, amd 37-0101 & 71-3703, En Con L
 
Prohibits the sale of cosmetics or cleaning products containing 1,4-Dioxane.
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S00099 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           99
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by Sen. KAMINSKY -- 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  cosmetics  or cleaning products containing
          1,4-Dioxane
 
          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 of cosmetics  and  cleaning  products  containing
     4               1,4-Dioxane.
     5    1.  No  person  shall sell or offer for sale any cosmetics or cleaning
     6  products containing 1,4-Dioxane within New York state.
     7    2. A manufacturer of a product prohibited to be sold  or  offered  for
     8  sale pursuant to this section shall:
     9    a.  not  replace  1,4-Dioxane  with another chemical compound that has
    10  been scientifically established to be a known human carcinogen as  clas-
    11  sified  by the United States Environmental Protection Agency, a develop-
    12  mental toxin, an endocrine disrupter or a reproductive toxin;
    13    b. use the  least  toxic  alternative  chemical  compound  to  replace
    14  1,4-Dioxane;
    15    c.  provide,  to the department prior to the manufacture of such prod-
    16  uct, information on such least toxic alternative chemical compound; and
    17    d. not manufacture such product until the department shall have certi-
    18  fied  such  least  toxic  alternative  chemical  compound   to   replace
    19  1,4-Dioxane.
    20    3.  The  department  is  authorized to promulgate such rules and regu-
    21  lations as it shall deem necessary to implement the provisions  of  this
    22  section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03419-01-9

        S. 99                               2
 
     1    4. a. A manufacturer of a product that is subject to the provisions of
     2  subdivision one of this section, may apply to the department for a waiv-
     3  er  of  the  requirements  of such subdivision for a period of one year,
     4  upon proof that there are no available alternatives to 1,4-Dioxane in  a
     5  cosmetics  or  cleaning  product  that  is  subject to the provisions of
     6  subdivision one of this section. After the granting of such a waiver  to
     7  a  manufacturer,  it  may  thereafter  apply for one additional one year
     8  waiver. An application for a waiver shall include, but  is  not  limited
     9  to:
    10    (1)   An   alternatives   assessment  demonstrating  that  removal  of
    11  1,4-Dioxane from a given cosmetics or cleaning product is not financial-
    12  ly or technically feasible; and
    13    (2) A quantitative exposure assessment demonstrating that use  of  the
    14  product   is  not  reasonably  anticipated  to  result  in  exposure  to
    15  1,4-Dioxane.
    16    b. An alternatives  assessment  or  quantitative  exposure  assessment
    17  submitted  under this subdivision must be conducted in a manner consist-
    18  ent with any guidance and frameworks for such  assessments  provided  by
    19  the  department  and  as  established by the United States Environmental
    20  Protection Agency and the Interstate Chemicals Clearinghouse.
    21    § 2. Section 37-0101 of the environmental conservation law is  amended
    22  by adding two new subdivisions 7 and 8 to read as follows:
    23    7.  "Cosmetics"  include,  but  are not limited to, merchandise, other
    24  than soap, that is intended to be rubbed, poured, sprinkled, or  sprayed
    25  onto,  introduced  into,  or  otherwise applied to the human body or any
    26  part thereof for cleansing, beautifying,  promoting  attractiveness,  or
    27  altering the appearance of the human body or any part thereof.
    28    8.  "Cleaning  products"  include,  but  are not limited to, household
    29  cleansing products as defined in section 35-0103 of this chapter, disin-
    30  fectants, cleaning agents, antibacterial soaps, hand soaps,  bar  soaps,
    31  liquid  soaps,  baby  soaps, hand sanitizers, skin purifying wipes, body
    32  washes, facial and body cleansers, shampoos, and conditioners.
    33    § 3. Section 71-3703 of the environmental conservation law is  amended
    34  by adding a new subdivision 4 to read as follows:
    35    4.  Any  person  who violates any of the provisions of or who fails to
    36  perform any duty imposed by section 37-0115 of this chapter or any  rule
    37  or  regulation  promulgated pursuant hereto, shall be liable for a civil
    38  penalty not to exceed one thousand dollars for  each  day  during  which
    39  such  violation  continues,  and in addition thereto, such person may be
    40  enjoined from continuing such violation. Such person shall for a  second
    41  violation  be  liable to the people of the state for a civil penalty not
    42  to exceed two thousand five hundred dollars for each  day  during  which
    43  such violation continues.
    44    § 4. This act shall take effect December 31, 2020.
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