senate Bill S6403B

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:
A2727B
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:S6403B

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; and providing for the repeal of such provisions upon expiration
thereof

PURPOSE: This bill would require certain 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 certain sunscreen products 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 diagnosed 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 multiple 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; 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.

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

                                 6403--B

                            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 -- 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;  and
  providing for the repeal of such provisions upon expiration thereof

  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.   FOR PURPOSES OF THIS SECTION "SUNSCREEN" SHALL
NOT INCLUDE PRODUCTS IN WHICH AVAILABLE EMPIRICAL  TESTING  DEMONSTRATES
THAT THE SUNSCREEN PRODUCT MAINTAINS ITS INTEGRITY AND EFFECTIVENESS FOR
A PERIOD OF AT LEAST THREE YEARS.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01420-05-4

S. 6403--B                          2

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
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.