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A06969 Summary:

COSPNSRLunsford, Rosenthal L, Colton, Steck, O'Donnell, Simone, Dickens, Gunther, Shimsky, Simon, Ramos, Taylor, Lee, Kelles, Dinowitz, Durso, Gandolfo, Novakhov, Thiele, Stern, Jacobson, Rozic, Rajkumar, McMahon, Anderson, Kim, Barrett, Santabarbara, Epstein, Clark, Ra, Forrest, Bichotte Hermelyn, Carroll, Paulin, Mamdani, Seawright, Shrestha, Lavine, Burgos, Slater, Cunningham, Eachus, Sayegh, Gallagher, Otis, Levenberg, Brown K, Reyes, Woerner, Hunter, Solages, Benedetto, Pretlow, Fahy, Meeks, Bronson, McDonald, Pheffer Amato, Manktelow, Jensen, Gallahan
Add Art 37 Title 11 37-1101 - 37-1111, En Con L
Relates to the regulation of ingredients in personal care products and cosmetics to include restricted substances which shall be provided on lists identified by the commissioner.
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A06969 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                       May 9, 2023
        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          regulation of ingredients in personal care products and cosmetics
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "safe personal care and cosmetics act".
     3    § 2. Legislative findings and intent.  Thousands of chemicals are used
     4  in  cosmetics  and  personal  care products. Some of these chemicals are
     5  associated with asthma, allergies, hormone disruption,  neurodevelopmen-
     6  tal  problems,  infertility,  even cancer. Exposure to personal care and
     7  cosmetic products typically begins in infancy,  with  products  such  as
     8  baby  shampoo,  lotion, and diaper cream, and continues throughout their
     9  lifespan.  According to the Environmental Working  Group,  "on  average,
    10  women  use  12  personal care products a day, exposing themselves to 168
    11  chemical ingredients. Men use six,  exposing  themselves  to  85  unique
    12  chemicals."
    13    Further,  The  National Institutes of Health (NIH) conducted an eight-
    14  year study of over  46,000  women  who  used  permanent  hair  dyes  and
    15  straighteners.  They  found  that women of color who regularly used dyes
    16  and straighteners had a 45 percent  higher  breast  cancer  risk.  White
    17  women faced a 7 percent higher breast cancer risk.
    18    European  Union  countries  prohibit  (with few exceptions) substances
    19  classified as carcinogenic, mutagenic,  or  toxic  for  reproduction  in
    20  cosmetic  products. The Canadian government regularly updates a Cosmetic
    21  Ingredient Hotlist that includes hundreds of chemicals and  contaminants
    22  prohibited  and restricted from cosmetics, such as formaldehyde, triclo-
    23  san, and more. Furthermore, over 40 countries including Japan, Cambodia,
    24  and Vietnam, have stricter restrictions on chemicals  in  personal  care
    25  products than does the United States.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6969                             2
     1    Moreover,   regarding   the   safety  of using personal care products,
     2  the federal Modernization of Cosmetics Regulation Act  of  2022  is  the
     3  first  federal  law to significantly update the Food, Drug, and Cosmetic
     4  Act. However, the Act fails to meaningfully restrict the use of  harmful
     5  chemicals  in  personal  care/cosmetic  products,  and explicitly grants
     6  states the ability to enact such restrictions. For example, it failed to
     7  ban coal tar, a well known carcinogen.
     8    Therefore, the   legislature   finds   and   declares   that   federal
     9  restrictions of harmful chemicals in personal care and cosmetic products
    10  are  inadequate  to educate and protect consumers and salon workers, and
    11  that  it  shall  be the policy of the state to restrict  chemicals  that
    12  may  harm  the health of New Yorkers during production, use, or disposal
    13  of personal care products and cosmetic products.
    14    § 3. Article 37 of the environmental conservation law  is  amended  by
    15  adding a new title 11 to read as follows:
    16                                  TITLE XI
    17                    SAFE PERSONAL CARE AND COSMETICS ACT
    18  Section 37-1101. Definitions.
    19          37-1103. Promulgation of lists.
    20          37-1105. Sales prohibition.
    21          37-1107. Penalties.
    22          37-1109. Regulations.
    23  § 37-1101. Definitions.
    24    As used in this title, unless the context requires otherwise:
    25    1.  "Cosmetic  product"  shall  mean  a cosmetic product as defined in
    26  section 37-0117 of this article.
    27    2. "Intentionally added ingredient" shall mean any element or compound
    28  that a manufacturer has intentionally added to a personal care  product,
    29  and  which has a functional or technical effect in the finished product,
    30  including, but not limited to, the  components  of  intentionally  added
    31  fragrance,  flavoring  and  colorants,  and  the  intentional  breakdown
    32  products of an added element or compound that also has a  functional  or
    33  technical effect on the finished product.
    34    3.  "Nonfunctional byproduct" shall mean any element or compound which
    35  has no functional or technical effect in the finished product which:
    36    (a) was intentionally added during the  manufacturing  process  for  a
    37  personal  care  product at any point in a product's, a raw material's or
    38  ingredient's supply chain; or
    39    (b) was created or formed  during  the  manufacturing  process  as  an
    40  intentional or unintentional consequence of the manufacturing process at
    41  any  point  in  a product's, a raw material's, or an ingredient's supply
    42  chain.
    43    Nonfunctional byproduct shall include,  but  is  not  limited  to,  an
    44  unreacted  raw  material,  a breakdown product of an intentionally added
    45  ingredient, or a byproduct of the manufacturing process.
    46    4. "Nonfunctional contaminant" shall  mean  any  element  or  compound
    47  present  in  a  personal care product as an unintentional consequence of
    48  manufacturing which  has  no  functional  or  technical  effect  in  the
    49  finished product. Nonfunctional contaminants include, but are not limit-
    50  ed  to, elements or compounds present in the environment as contaminants
    51  which  were introduced into a product, a  raw  material,  or  a  product
    52  ingredient  as a result of the use of an environmental medium, such as a
    53  naturally occurring mineral, air, soil or water,  in  the  manufacturing
    54  process  at  any  point in a product's, a raw material's, or an ingredi-
    55  ent's supply chain.

        A. 6969                             3

     1    5. "Manufacturer" shall mean any person, firm,  association,  partner-
     2  ship,  limited    liability  company,  or  corporation  which  produces,
     3  prepares, formulates, or compounds a   personal care product,  or  whose
     4  brand  name  is  affixed to such product. In the case of a personal care
     5  product  imported  into the United States, "manufacturer" shall mean the
     6  importer or first domestic distributor of the product if the entity that
     7  manufactures the product or whose brand  name is affixed to the  product
     8  does not have a presence in the United States.
     9    6.  "Personal  care  product"  shall  mean  a personal care product as
    10  defined in section 37-0117 of this article.
    11    7. "Practical quantification limit" means the lowest level that can be
    12  reliably achieved within pre-determined limits of precision and accuracy
    13  during routine laboratory operating conditions.
    14    8. "Restricted substance" shall mean the following:
    15    (a) heavy  metals  and  heavy  metal-containing  compounds  including:
    16  arsenic,  cadmium,  cadmium  compounds,  chromium, lead, lead compounds,
    17  nickel and selenium;
    18    (b) parabens, including: butyl-,    ethyl-,  isobutyl-,    isopropyl-,
    19  methyl-, and propyl  paraben;
    20    (c)  ortho-phthalates and their esters, including:  dibutyl-, dicyclo-
    21  hexyl-,    diisobutyl-,    diisodecyl-,    diisononyl-,     diisooctyl-,
    22  di(2)ethylhexyl-, diethyl-, and benzyl butyl phthalate;
    23    (d)  per-    and    polyfluoroalkyl   substances, as detected by total
    24  organic fluorine analysis;
    25    (e) formaldehyde and formaldehyde releasers, including:  formaldehyde,
    26  paraformaldehyde,  quaternium-15,  diazolidinyl  urea,  dmdm  hydantoin,
    27  methylene  glycol,  imidazolidinyl  urea, and sodium hydroxymethylglyci-
    28  nate;
    29    (f) benzophenones, including: benzophenone, benzophenone-1,  benzophe-
    30  none-2,  benzophenone-3, 2,4-dihydroxybenzophenone, resbenzophenone, and
    31  oxybenzone;
    32    (g) known carcinogens, including  benzene,  carbon  black,  coal  tar,
    33  ethylene  oxide,  toluene,  naphthalene, nickel (metallic), styrene, and
    34  xylene;
    35    (h) asbestos and asbestos containing compounds: asbestos, talc;
    36    (i) butylated compounds, including: butylated hydroxytoluene (bht) and
    37  butylated hydroxyanisole (bha);
    38    (j)  siloxanes,  including   cyclotetrasiloxane,   cyclopentasiloxane,
    39  octamethylcyclotetrasiloxane, and cyclosiloxanes;
    40    (k)  phenylenediamines,  including m-phenylenediamine, o-phenylenedia-
    41  mine, and p-phenylenediamine;
    42    (l) triclosan, triclocarban, nonylphenol; and
    43    (m) nitrosamine and nitrosamine  releasers,  including  diethanolamine
    44  and triethanolamine.
    45  § 37-1103. Promulgation of lists.
    46    The  department shall promulgate as regulations the list of restricted
    47  substances on or before the effective date of this title.
    48  § 37-1105. Sales prohibition.
    49    Effective two years after the  effective  date  of  this  section,  no
    50  person shall distribute, sell or offer for sale in this state a personal
    51  care  product  or  cosmetic product containing a restricted substance as
    52  follows:
    53    1. The product shall not contain a restricted substance present as  an
    54  intentionally added ingredient in any amount.

        A. 6969                             4
     1    2.  The  product shall not contain a restricted substance present as a
     2  nonfunctional byproduct or nonfunctional contaminant above the practical
     3  quantitation limit.
     4  § 37-1107. Penalties.
     5    A manufacturer in violation of this title is subject to a civil penal-
     6  ty not to exceed five thousand dollars for each violation in the case of
     7  a  first  offense.  Manufacturers  who  commit subsequent violations are
     8  subject to a civil penalty not to exceed ten thousand dollars  for  each
     9  additional offense.
    10  § 37-1109.  Regulations.
    11    The  department may adopt any rules and regulations it deems necessary
    12  to implement the provisions of this title.
    13    § 4. Severability. If any provision of this act, or any application of
    14  any provision of this act, is held to be invalid, or to  violate  or  be
    15  inconsistent  with  any federal law or regulation, that shall not affect
    16  the validity or effectiveness of any other provision of this act, or  of
    17  any  other  application of any provision of this act, which can be given
    18  effect without that provision or  application;  and  to  that  end,  the
    19  provisions and applications of this act are severable.
    20    §  5. This act shall take effect one year after it shall have become a
    21  law. Effective immediately, the addition, amendment and/or repeal of any
    22  rule or regulation necessary for the implementation of this act  on  its
    23  effective date are authorized to be made and completed on or before such
    24  effective date.
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