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S01184 Summary:

BILL NOS01184
 
SAME ASSAME AS A05966
 
SPONSORRITCHIE
 
COSPNSR
 
MLTSPNSR
 
Add 37-0115, En Con L
 
Relates to banning certain chemicals from being manufactured, used, or stored within the state including triclosan, 1,4-dioxane, isophorone, cyclohexanone, or any synonym of such products.
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S01184 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1184
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 11, 2019
                                       ___________
 
        Introduced  by  Sen. RITCHIE -- 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
          banning  certain  chemicals  from  being manufactured, used, or stored
          within the state

          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 against triclosan,  1,4-dioxane,  isophorone,  or
     4               cyclohexanone.
     5    1.  Manufacturing,  processing, or distribution. No person shall manu-
     6  facture, process or distribute in commerce a product, or  a  part  of  a
     7  product,  containing  triclosan, 1,4-dioxane, isophorone, cyclohexanone,
     8  or any synonym of such products. This restriction shall not apply to the
     9  use of isophorone or cyclohexanone, or any  synonym  of  such  products,
    10  used in the manufacture, process, or distribution of an item that cannot
    11  reasonably  be  expected to come into use by an individual under the age
    12  of eighteen.
    13    2. Administration. (a)  The  commissioner  is  hereby  authorized  and
    14  directed  to  prescribe such rules and regulations, including provisions
    15  for maintenance of records relating to products  or  related  materials,
    16  and  for the labeling of a product or related material, as may be neces-
    17  sary and proper for purposes of administration and enforcement  of  this
    18  section.
    19    (b)  The  commissioner  is  hereby empowered to order the recall of or
    20  confiscation of consumer products offered for sale that do not meet  the
    21  standards set forth in or pursuant to this section.
    22    (c)  The  commissioner  may  obtain  from  any person by regulation or
    23  subpoena issued pursuant thereto, such information in the form of testi-
    24  mony, books, records, or other writings as is pertinent to the  findings
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04804-01-9

        S. 1184                             2
 
     1  or  determinations  which  he  or  she is required or authorized to make
     2  pursuant to this section.  All  information  reported  to  or  otherwise
     3  obtained  by  the  commissioner or his or her representative pursuant to
     4  this  section  that  contains  or  relates  to  a trade secret, shall be
     5  considered confidential, except that such information may  be  disclosed
     6  to other officers or employees concerned with carrying out this section,
     7  or when relevant in any proceeding under this section.
     8    3.  Guaranty.  (a) (i) No person shall be subject to prosecution under
     9  this section if such person: (A) establishes a guaranty received in good
    10  faith signed by and containing the name and address of the person resid-
    11  ing in the United States who shall be responsible  for  the  product  or
    12  related material; and (B) establishes that such product or related mate-
    13  rial  will  be  used  for research purposes only and shall not be intro-
    14  duced, sold or transported in commerce.
    15    (ii) Such guaranty shall be either: (A) a  separate  guaranty  specif-
    16  ically designating the product, or related material guaranteed, in which
    17  case  it  may be on the invoice or other paper relating to such product,
    18  or related material; (B) a continuing guaranty filed with the department
    19  or with the federal trade  commission  applicable  to  any  product,  or
    20  related  material handled by a guarantor, in such form as the department
    21  or the federal trade commission by rules or regulations  may  prescribe;
    22  or  (C) a continuing guaranty given by seller to buyer applicable to any
    23  product, or related material sold or to be sold to buyer by seller in  a
    24  form as the department or the federal trade commission by rules or regu-
    25  lations may prescribe.
    26    (b)  The  furnishing with respect to any product, or related material,
    27  of a false guaranty, except by a person relying upon a guaranty  to  the
    28  same effect received in good faith and signed by and containing the name
    29  and  address  of  the  person  residing in the United States by whom the
    30  product, or related material guaranteed was manufactured or from whom it
    31  was received, with reason to believe the product,  or  related  material
    32  falsely  guaranteed  may be introduced, sold or transported in commerce,
    33  is unlawful.
    34    4. Exclusions. (a) The provisions of this section shall not  apply  to
    35  any  common  carrier, contract carrier or freight forwarder with respect
    36  to a product, or related material  shipped  or  delivered  for  shipment
    37  through the state for commerce in another state or country.
    38    (b)  As  used  in  this  section,  "distribute  in commerce" shall not
    39  include the resale of products manufactured prior to January first,  two
    40  thousand nineteen.
    41    5. Violations. Each product, or related material made, sold or exposed
    42  for  sale,  shall  constitute  a  separate violation. A violation of any
    43  provision of this section or any rule or  regulation  promulgated  here-
    44  under is a class A misdemeanor.
    45    6. Severability. The provisions of this section shall be severable and
    46  if  any  portion  thereof  or the applicability thereof to any person or
    47  circumstances shall be held to be invalid, the remainder of this section
    48  and the application thereof shall not be affected thereby.
    49    § 2. This act shall take effect on the one hundred twentieth day after
    50  it shall have become a law.  Effective immediately, the addition, amend-
    51  ment and/or repeal of any rule or regulation necessary for the implemen-
    52  tation of this act on its effective date are authorized to be  made  and
    53  completed on or before such effective date.
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