Prohibits the manufacture, distribution and sale of nail polish and nail hardener containing certain dibutyl phthalates (DBP), toluene, or formaldehyde; prohibits the use of such nail polish and nail hardener by appearance enhancement businesses.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A710
SPONSOR: Rosenthal (MS) TITLE OF BILL: An act to amend the general business law, in relation
to prohibiting the manufacture, distribution or sale of nail polish and
nail hardener containing dibutyl phthalates (DBP), toluene, and formal-
dehyde and prohibits the use of such nail polish and nail hardener by
appearance enhancement businesses
PURPOSE OR GENERAL IDEA OF BILL: This bill bans the manufacture,
distribution, sale and use of nail polish and nail hardeners that
contain the "toxic three".
SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general busi-
ness law by adding a new section 399-tt. This section prohibits the
manufacture, distribution, sale and use of nail polish or nail hardener
containing dibutyl phthalates (DBP), toluene, and formaldehyde.
Section two sets out the effective date.
JUSTIFICATION: Personal care products like shampoo, conditioner, nail
polish, lotion and makeup are not regulated by the FDA or any other
government agency. It is both legal and common for companies to use
ingredients that are known or suspected to be carcinogens, mutagens, or
reproductive toxins in their products.
Three of these ingredients are especially prevalent and harmful: dibu-
tyl pthalates (DBP), toluene and formaldehyde. Breathing DEP can irri-
tate the nose and throat and may adversely affect the nervous system;
high exposure can cause headaches, nausea, drowsiness and seizures.
Toluene appears on several lists of chemicals known to cause cancer or
reproductive toxicity; exposure to it can result in damage to the brain,
liver, bone marrow and kidneys. Formaldehyde has been classified as a
probable human carcinogen by the Environmental Protection Agency.
The "toxic three," as they are known, are found in most nail polishes
and hardeners in the United States. All three are listed under the Cali-
fornia State Cosmetics Act as agents that can lead to cancer or birth
defects. Many manufacturers, such as OPI Products, have already removed
these three chemicals from their products. This bill will make it ille-
gal to include dibutyl pthalates (DEP), toluene, and formaldehyde in the
manufacture of all nail polish and nail hardener in the state of New
York as well as prohibit the sale, distribution and use of nail polish
and hardener that includes these chemicals.
Such a ban is essential in order to protect the health of the women who
work at nail salons, often for upwards of 10 hours a day without a
break, as well as the women who patronize nail salons, often accompanied
by young children.
PRIOR LEGISLATIVE HISTORY:
A.1473 of 2011-2012
A7447 of 2009-2010.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become law.
