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A07868 Summary:

BILL NOA07868
 
SAME ASSAME AS S05297
 
SPONSORSimon
 
COSPNSRSayegh
 
MLTSPNSR
 
Add §399-rr, Gen Bus L
 
Relates to the full disclosure of ingredients in certain products.
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A07868 Actions:

BILL NOA07868
 
07/07/2023referred to consumer affairs and protection
01/03/2024referred to consumer affairs and protection
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A07868 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7868
 
SPONSOR: Simon
  TITLE OF BILL: An act to amend the general business law, in relation to the full disclosure of ingredients in certain products   PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit the use of generic terms, such as fragrance, dye, colorant, perfume, or preservatives, in ingredients of personal care products.   SUMMARY OF PROVISIONS: Section 1: Amends the general business law by adding a new section 399- rr Section 2: This act shall take effect immediately.   JUSTIFICATION: The terms "fragrance," "dye," "colorant," "perfume, " and "preserva- tives" act as loopholes within the FDA's (Federal Drug Administration) labeling requirements for personal care products. The justification for the loopholes within the labeling process stems from the notion of "trade secrets" that many companies have to protect their assets, as well as preventing the labeling package from listing the possible hundreds of ingredients that went into the aforementioned buzz words. However, it must be noted that this ruling comes from the Fair Packaging and Labeling Act of 1966. There have been many changes and advances in chemicals since then. Now, as health consciousness is on the rise and we are increasingly aware of the substances put on or in our bodies, the general public has the right to a full disclosure of chemicals and substances in products they are using. This bill will prohibit companies from using generic terms such as "fragrance," "dye," "colorant," "perfume", and "preservatives" instead of disclosing the ingredients used. The above terms can only be utilized in conjunction with the disclosure of ingredients used. The importance of transparency cannot be understated. A woman can use over 16,000 personal care products in their lifetime. While this may lead to an abundance of ingredients listed in the product description, it is better to know exactly what we are putting into our body than to be in the dark.   AMENDMENTS: this legislation has been amended to remove feminine hygiene products   PRIOR LEGISLATIVE HISTORY: 2020-2021: A2156 Fernandez -referred to consumer affairs and protections A8544 of 2019   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately
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A07868 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7868
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 7, 2023
                                       ___________
 
        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN ACT to amend the general  business  law,  in  relation  to  the  full
          disclosure of ingredients in certain products
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-rr to read as follows:
     3    § 399-rr. Prohibition of  generic  terms  in  ingredients  of  certain
     4  products.  1. For purposes of this section "personal care product" means
     5  articles intended to be rubbed, poured, sprinkled, or sprayed on, intro-
     6  duced into, or otherwise applied to the human body or any  part  thereof
     7  for  cleansing,  beautifying,  promoting attractiveness, or altering the
     8  appearance, and articles intended for use as a  component  of  any  such
     9  articles; except that such term shall not include soap.
    10    2.  Manufacturers  of  personal  care  products  distributed,  sold or
    11  offered for sale in this state, whether  at  retail  or  wholesale,  for
    12  personal, professional or commercial use, or distributed for promotional
    13  purposes,  shall  not use the terms fragrance, colorant, dye, perfume or
    14  preservative in lieu of listing a chemical used in  such  products.  The
    15  terms fragrance, colorant, dye, perfume or preservative may only be used
    16  if the chemical constituting such ingredient is explicitly listed on the
    17  label  of such product.  All chemicals present in personal care products
    18  sold or offered for sale in this state shall be included in the ingredi-
    19  ents list on the label of such products.
    20    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00106-01-3
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