NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6295A
TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To help prevent water contamination from 1,4 Dioxane.
SUMMARY OF PROVISIONS:
This bill would amend § 35-0105 of the Environmental Conservation Law to
prohibit the sale of household cleansing products containing
1,4-dioxane, add a new 37-0115 to the Environmental Conservation Law
limiting the sale of cosmetic products and personal care products with
certain levels of 1,4 Dioxane, and amend § 71-3703 of the Environmental
Conservation Law to authorize civil penalties for violations.
The Environmental Protection Agency (EPA) identifies 1,4-Dioxane as a
"likely carcinogen to humans." While health risks associated with
1,4-Dioxane are well documented, it is still found in many consumer
products where it is typically formed as a contaminant during the manu-
facturing process of cosmetics, detergents, deodorants, and shampoos.
Once used by consumers and washed down the drain, it enters local water
systems. Elevated levels of 1,4Dioxane have been found in municipalities
across the State, with EPA data showing that Long Island has the highest
levels detected in the entire country. On Long Island, 33 of 36 public
water systems reported 1,4-Dioxane contamination, and one source in
Hicksville reported levels as high as 33 micrograms per liter.
Other state have already taken action on 1,4-Dioxane, with Oregon list-
ing 1,4-Dioxane as a high priority chemical of concern under its Toxic
Free Kids Act, which when fully implemented will require companies to
remove the chemical from products or seek a waiver. California's Propo-
sition 65 list also includes 1,4-Dioxane, requiring clear and reasonable
warning if resulting exposure would exceed 30 micrograms per day.
This bill will reduce the amount of 1,4-Dioxane entering New York's
drinking water by prohibiting its presence, in other than trace amounts,
in cleansing and cosmetic products where it appears most often. Manufac-
turers of personal cosmetic products may apply to the Department for a
one-year waiver of the requirement upon proof that there are no avail-
able alternatives. To ensure compliance with these requirements, this
bill would also allow civil penalties of up to one thousand dollars for
each day of violation of section 37-01 15, up to two thousand five
hundred dollars each day for a second violation.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This act shall take effect January 1, 2022
STATE OF NEW YORK
Cal. No. 528
2019-2020 Regular Sessions
March 4, 2019
Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, D. ROSENTHAL, BLAKE,
SIMON, ROMEO, ARROYO, THIELE, ABINANTI, D'URSO, LIFTON, STIRPE,
JAFFEE, DICKENS, GRIFFIN, SOLAGES, DE LA ROSA, EPSTEIN, COLTON, HYND-
MAN, CRUZ, JEAN-PIERRE, L. ROSENTHAL, PICHARDO, OTIS, ZEBROWSKI, HUNT-
ER, GALEF, DINOWITZ, GLICK, WILLIAMS, STECK, WEPRIN, NIOU, MAGNARELLI,
CARROLL, ORTIZ, STERN, REYES, MOSLEY, PERRY, PAULIN, FAHY, ASHBY,
LUPARDO, BARRON, JONES -- Multi-Sponsored by -- M. of A. COOK, SAYEGH,
WRIGHT -- read once and referred to the Committee on Environmental
Conservation -- reported and referred to the Committee on Codes --
reported and referred to the Committee on Ways and Means -- reported
from committee, advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
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. Section 35-0105 of the environmental conservation law is
2 amended by adding four new subdivisions 4, 5, 6 and 7 to read as
4 4. No household cleansing product shall be distributed, sold, offered
5 or exposed for sale in this state which contains 1,4-dioxane other than
6 such trace concentrations; such trace concentrations shall not exceed
7 two parts per million by December thirty-first, two thousand twenty-two;
8 and further, shall not exceed one part per million by December thirty-
9 first, two thousand twenty-three.
10 5. No later then May first, two thousand twenty-five, and every two
11 years thereafter, the department, in consultation with the department of
12 health, shall review such trace concentration thresholds and determine
13 whether such concentrations shall be lowered to better protect human
14 health and the environment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 6295--A 2
1 6. A manufacturer of a household cleansing product, otherwise subject
2 to the requirements of subdivision four of this section, may apply to
3 the department for a one-year waiver from such requirements for a
4 specific household cleansing product, upon such proof that the manufac-
5 turer has taken steps to reduce the presence of 1,4-dioxane in that
6 product and is unable to comply with the requirements of subdivision
7 four of this section. Thereafter, a manufacturer may apply for one
8 additional one-year waiver for such product, upon such the satisfaction
9 of such similar proof.
10 7. The department is authorized to promulgate such rules and regu-
11 lations as it shall deem necessary to implement the provisions of this
12 section, including rules and regulations with respect to any allowable
13 trace concentrations, consistent with the requirements of this section.
14 § 2. The environmental conservation law is amended by adding a new
15 section 37-0115 to read as follows:
16 § 37-0115. Prohibition of cosmetic products and personal care products
17 containing 1,4-dioxane.
18 1. The term "cosmetic product" shall mean any article (a) intended to
19 be rubbed, sprinkled, or sprayed on, introduced into, or otherwise
20 applied to the human body or any part thereof for beautifying, promoting
21 attractiveness, or altering the appearance, and (b) intended for use as
22 a component of any such article. The term "cosmetic product" shall not
23 include any personal care product as defined in this section for which a
24 prescription is required for distribution or dispensation as provided in
25 section two hundred eighty-one of the public health law or section
26 sixty-eight hundred ten of the education law.
27 2. The term "personal care product" shall mean any product intended
28 for cleaning or cleansing any part of the body, such as the skin and
29 hair, and including but not limited to, hair shampoo, hair conditioner,
30 soap, bath gels and other bath products. The term "personal care prod-
31 uct" shall not include any product for which a prescription is required
32 for distribution or dispensation as provided in section two hundred
33 eighty-one of the public health law or section sixty-eight hundred ten
34 of the education law.
35 3. No person shall sell or offer for sale any cosmetic product
36 containing 1,4-dioxane, other than such trace concentrations, not to
37 exceed ten parts per million by December thirty-first, two thousand
39 4. No person shall sell or offer for sale any personal care product
40 containing 1,4-dioxane, other than such trace concentrations, as author-
41 ized by the commissioner, in consultation with the department of health,
42 by regulation; and further, such trace concentrations for personal care
43 products shall not exceed two parts per million by December thirty-
44 first, two thousand twenty-two and one part per million by December
45 thirty-first, two thousand twenty-three.
46 5. No later then May first, two thousand twenty-five, and every two
47 years thereafter, the department, in consultation with the department of
48 health, shall review such trace concentration thresholds and determine
49 whether such concentrations shall be lowered to better protect human
50 health and the environment.
51 6. The department is authorized to promulgate such rules and regu-
52 lations as it shall deem necessary to implement the provisions of this
53 section, including rules and regulations with respect to any allowable
54 trace concentrations, consistent with the requirements of this section.
55 7. A manufacturer of a cosmetic product or personal care product,
56 otherwise subject to the requirements of this section, may apply to the
A. 6295--A 3
1 department for a one-year waiver from such requirements for a specific
2 cosmetic product or personal care product, and upon such proof that the
3 manufacturer has taken steps to reduce the presence of 1,4-dioxane in
4 that product and is unable to comply with the requirements of this
5 section. Thereafter, a manufacturer may apply for one additional one-
6 year waiver for such product, upon its satisfaction of such similar
8 § 3. Section 71-3703 of the environmental conservation law is amended
9 by adding a new subdivision 4 to read as follows:
10 4. Any person who violates any of the provisions of, or who fails to
11 perform any duty imposed by section 37-0115 or any rule or regulation
12 promulgated pursuant hereto, shall be liable for a civil penalty not to
13 exceed one thousand dollars for each day during which such violation
14 continues, and in addition thereto, such person may be enjoined from
15 continuing such violation. Such person shall for a second violation be
16 liable to the people of the state for a civil penalty not to exceed two
17 thousand five hundred dollars for each day during which such violation
19 § 4. This act shall take effect January 1, 2022. Effective immediate-
20 ly, the addition, amendment and/or repeal of any rule or regulation
21 necessary for the implementation of this act on its effective date are
22 authorized to be made and completed on or before such effective date.