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A04435 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2011
        Introduced  by  M.  of A. WEISENBERG, PHEFFER, GALEF, COLTON, ROSENTHAL,
          HOOPER,  TOBACCO  --  Multi-Sponsored by -- M. of A. CALHOUN, DESTITO,
          ROBINSON,  SCHIMEL,  SWEENEY,  TITONE -- read once and referred to the

          Committee on Consumer Affairs and Protection
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          sunscreen  products  to be labeled with a best if used before date and
          storage recommendations
          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-j to read as follows:
     3    §  399-j. Date and storage labeling of sunscreen products. 1. It shall
     4  be unlawful for any  person,  firm,  corporation,  partnership,  limited
     5  liability corporation, or other entity to manufacture, for sale, resale,
     6  or  distribution in this state, sunscreen which does not contain a clear
     7  and conspicuous label indicating a date on which the product is best  if

     8  used before. The date required by this section shall be labeled by month
     9  and year.
    10    2.  It  shall  be unlawful for any person, firm, corporation, partner-
    11  ship, limited liability corporation, or other entity to manufacture, for
    12  sale, resale, or distribution in this state, sunscreen  which  does  not
    13  contain  a  clear  and conspicuous label providing information regarding
    14  the recommended storage of such sunscreen product.
    15    3. No person, firm, corporation, partnership, limited liability corpo-
    16  ration, or other entity shall sell sunscreen which  it  knows  does  not
    17  contain the labeling information required by subdivisions one and two of
    18  this section.
    19    4.  For  purposes  of  this  section, sunscreen shall mean sunblock or

    20  similar lotion or topical preparation manufactured and sold for the sole
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4435                             2
     1  purpose of protecting the skin from solar and  ultraviolet  light  expo-
     2  sure.
     3    5.  (a) Whenever there shall be a violation of this section, an appli-
     4  cation may be made by the attorney general in the name of the people  of
     5  the  state  of  New  York to a court or justice having jurisdiction by a
     6  special proceeding to issue  an  injunction,  and  upon  notice  to  the

     7  defendant  of not less than five days, to enjoin or restrain the contin-
     8  uance of such violation; and if it shall appear to the  satisfaction  of
     9  the  court  or  justice  that  the defendant has, in fact, violated this
    10  section, an injunction may be issued by such court or justice, enjoining
    11  and restraining any further violation, without requiring proof that  any
    12  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    13  proceeding, the court may make allowances to  the  attorney  general  as
    14  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    15  hundred three of the civil practice law and rules, and  direct  restitu-
    16  tion.  Whenever  the  court  shall  determine  that  a violation of this

    17  section has occurred, the court may impose a civil penalty of  not  more
    18  than  two  hundred  fifty dollars for each such violation. In connection
    19  with any such proposed application, the attorney general  is  authorized
    20  to  take  proof  and  make  a determination of the relevant facts and to
    21  issue subpoenas in accordance with the civil practice law and rules.
    22    (b) In addition to the  authority  granted  to  the  attorney  general
    23  pursuant  to  this section, any person who has been injured by reason of
    24  any violation of this section may bring an action in his or her own name
    25  to enjoin such unlawful act or practice. In such action, such person may
    26  recover his or her actual damages or two hundred fifty dollars, whichev-

    27  er is greater. The court may, in  its  discretion  increase  the  damage
    28  award  to  an  amount  not to exceed one thousand dollars. The court may
    29  award reasonable attorneys' fees to a prevailing plaintiff.
    30    § 2. This act shall take effect on the one hundred eightieth day after
    31  it shall have become a law.
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