Requires a plain and conspicuous printed list of all ingredients listed in order of predominance on diapers sold in the state; imposes a civil penalty of one percent of the manufacturer's total annual in-state sales not to exceed one thousand dollars per package or box on the manufacturer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A43C
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the general business law, in relation to labeling of
ingredients of diapers
PURPOSE:
This bill requires labeling of ingredients on packages or boxes of
diapers.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the general business law by adding a new section
399-aaaaaa.
Section two sets forth the effective date.
JUSTIFICATION:
Babies and toddlers wear diapers around the clock. A typical child will
wear thousands of diapers during their lifetime. Unless cloth or organic
diapers are used, however, consumers have no idea what chemicals are
present in disposable diapers because product packaging is not required
to contain ingredient labeling.
A new line of research suggests that the chemical composition of certain
diapers could pose serious, long term risks to infant health and their
developing bodies. One report published in the medical journal, Repro-
ductive Toxicology, suggests that the concentration of volatile organic
compounds (including methylene chloride, toluene and xylene) in commonly
used disposable diapers could be significantly higher than the concen-
tration found in common commercial plastic products. Unlike plastic
products like sippy cups, disposable diapers are in direct and constant
contact with infant and toddler external genitalia and mucus membranes.
Consumers have a right to know whether the products they put on their
children's bodies are safe. Requiring product ingredient labeling will
provide consumers with information that is vital to their purchasing
decisions, and potentially their children's health.
This legislation requires that every package or box containing diapers
sold in New York State contain a clear list of all ingredients, with
diaper components listed in order of predominance. The legislation
establishes a civil penalty of one percent of the manufacturer's total
amount of in state sales. This legislation is intended to safeguard the
health and wellness of newborns and toddlers statewide, against the
risks of prolonged exposure to volatile chemicals.
LEGISLATIVE HISTORY:
2021-22: A.3617 - Referred to Consumer Affairs and Protection; S.8036
-Consumer Protection
2019-20: A.6561 - Referred to Consumer Affairs and Protection
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
43--C
Cal. No. 187
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, LEE, SEAWRIGHT -- read once and
referred to the Committee on Consumer Affairs and Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- reported from commit-
tee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the general business law, in relation to labeling of
ingredients of diapers
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-aaaaaa to read as follows:
3 § 399-aaaaaa. Diaper labeling. 1. For purposes of this section:
4 (a) "ingredient" shall mean an intentionally added substance present
5 in a diaper;
6 (b) "diaper" shall mean a type of garment or product inserted into a
7 garment for the purpose of absorbing waste products to prevent soiling
8 of outer clothing or the external environment without the use of a
9 toilet. These products may be either disposable or reusable.
10 2. No later than twelve months after the effective date of this
11 section, each package or box containing diapers sold in this state shall
12 contain a plain and conspicuous printed list of all ingredients which
13 shall be listed in order of predominance. Such list shall either be
14 printed on the package or affixed thereto.
15 3. The requirements of this section shall apply in addition to any
16 other labeling requirements established pursuant to any other provision
17 of law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01282-08-3
A. 43--C 2
1 4. Whenever a violation of this section has occurred, a civil penalty
2 of one percent of the manufacturer's total annual in-state sales not to
3 exceed one thousand dollars per package or box shall be imposed on the
4 manufacturer.
5 § 2. This act shall take effect immediately.
