senate Bill S6403A

Amended

Requires sunscreen products to be labeled with best if used before dates

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 21 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 27 / Jan / 2014
    • AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
  • 27 / Jan / 2014
    • PRINT NUMBER 6403A
  • 16 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
  • 16 / Jun / 2014
    • PRINT NUMBER 6403B
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1609
  • 19 / Jun / 2014
    • SUBSTITUTED BY A2727B

Summary

Requires sunscreen products to be labeled with expiration dates; authorizes the attorney general to seek injunctive relief, restitution, and civil penalties in the case of violations; authorizes persons injured by a violation of this law to bring an action for injunctive relief and actual damages or two hundred and fifty dollars, whichever is greater.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2727A
Versions:
S6403
S6403A
S6403B
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Add ยง399-j, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2013-2014: S5645
2011-2012: S4354, A4435
2009-2010: S3463, A6367
2007-2008: A77

Sponsor Memo

BILL NUMBER:S6403A

TITLE OF BILL: An act to amend the general business law, in relation to
requiring sunscreen products to be labeled with a best if used before
date

PURPOSE:

This bill would require sunscreen products to be labeled with expiration
dates.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 399-j to the General Business
Law to require that all sunscreen sold in the state be labeled with an
expiration date.

Section 2 provides the effective date.

JUSTIFICATION:

According to the American Cancer Society over 800,000 new skin cancer
cases of highly curable basal cell or squamous cell cancers are diag-
nosed per year. More than a million new cases of skin cancer diagnosed
in 2002 make it the most common form of cancer in the United States. The
number of melanomas diagnosed in the United States is increasing; since
1973, the incidence rate of melanoma has more than doubled. Skin care
prevention involves addressing personal behavior and individual choices.
According to the American Cancer Society the best way to prevent skin
cancer are as follows: "The sun's ultraviolet rays are the strongest
between 10 a.m. and 3 p.m., exposure at these times should be avoided,
and protective clothing should be worn. SUNSCREENS SHOULD BE USED. These
come in various strengths, ranging from those facilitating gradual
tanning to those that allow practically no tanning. A recent study
revealed that only a third of the young people questioned used sunscreen
routinely during the previous summer. Half of those who reported multi-
ple sunburns claimed it was worthwhile in order to get a tan.

Sunscreen products have an effectiveness life of three to five years.
In light of how important these products are in combating skin cancer,
it is appropriate that the consumer know that sunscreen is not protec-
tive against the sun's rays after a certain point. A clear and conspicu-
ous label indicating the date after which a sunscreen product is no
longer viable or effective is necessary to alert the consumer to added
risks of sun exposure they may encounter. More than 53 million children
spend a substantial portion of their lives in school, and some of that
time is spent outdoors in the sun. These labels are especially important
with children's sunscreen, as young people tend to be more severely
burned and are in greater danger than adults.

LEGISLATIVE HISTORY:

2013:Consumer Protection Committee (S.5645)
2011-12: Consumer Protection Committee (S.4354/A.4435)
2009-10: Consumer Protection Committee (S.2099)
2007-08: Consumer Protection Committee (S.4720/A.77)
2005-06: Consumer Protection Committee (S.5475-A/A.983-B)
2004:Consumer Protection Committee (S.6448/A.1061)

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect two years after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6403--A

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general  business  law,  in  relation  to  requiring
  sunscreen products to be labeled with a best if used before date

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S 399-J. DATE LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL BE  UNLAWFUL
FOR ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO-
RATION,  OR  OTHER  ENTITY TO MANUFACTURE, FOR SALE, RESALE, OR DISTRIB-
UTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A LABEL INDICATING
A DATE ON WHICH THE PRODUCT IS BEST IF USED BEFORE. THE DATE REQUIRED BY
THIS SECTION SHALL BE LABELED BY MONTH AND YEAR.
  2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO-
RATION, OR OTHER ENTITY SHALL SELL SUNSCREEN WHICH  IT  KNOWS  DOES  NOT
CONTAIN  THE  LABELING  INFORMATION  REQUIRED BY SUBDIVISION ONE OF THIS
SECTION.
  3. FOR PURPOSES OF THIS SECTION, SUNSCREEN SHALL MEAN A TOPICAL,  NON-
DOSAGE  PRODUCT  INTENDED  FOR USE STRICTLY AS A HUMAN OTC DRUG PRODUCT,
AND NOT ALSO A COSMETIC PRODUCT, AND LABELED WITH  THE  TERM  "SPF"  AND
LABELED  SOLELY  FOR  USE IN SUNBURN PROTECTION, AND CONTAINING AT LEAST
ONE ACTIVE INGREDIENT LISTED IN 21 C.F.R. 352.10 THAT ABSORBS,  REFLECTS
OR SCATTERS RADIATION.
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT  LESS  THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01420-04-4

S. 6403--A                          2

RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
THAN  TWO  HUNDRED  FIFTY DOLLARS FOR EACH SUCH VIOLATION. IN CONNECTION
WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL  IS  AUTHORIZED
TO  TAKE  PROOF  AND  MAKE  A DETERMINATION OF THE RELEVANT FACTS AND TO
ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAW  AND  RULES.
ANY  MONETARY  PENALTIES THAT ARE SECURED BY THE STATE SHALL BE UTILIZED
BY THE DEPARTMENT OF HEALTH FOR SUNSCREEN EDUCATION PROGRAMS.
  S 2. This act shall take effect two years after it shall have become a
law; provided that it shall be repealed upon the adoption by the  United
States  Food  and  Drug Administration of a final OTC drug monograph for
sunscreen products; provided that the commissioner of health shall noti-
fy the legislative bill drafting commission upon the occurrence  of  the
adoption  of  a final OTC drug monograph for sunscreen products provided
for in this act in order that the commission may  maintain  an  accurate
and  timely  effective data base of the official text of the laws of the
state of New York in  furtherance  of  effectuating  the  provisions  of
section  44  of the legislative law and section 70-b of the public offi-
cers law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.