Assembly Bill A4435

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

                                  4435

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of A. WEISENBERG, PHEFFER, GALEF, COLTON, ROSENTHAL,
  MAISEL, SPANO, McKEVITT, COOK, JAFFEE, CASTRO,  J. MILLER,  ZEBROWSKI,
  HOOPER,  TOBACCO  --  Multi-Sponsored by -- M. of A. CALHOUN, DESTITO,
  DINOWITZ, DUPREY, GOTTFRIED, HIKIND, JACOBS,  JORDAN,  McENENY,  MENG,
  ROBINSON,  SCHIMEL,  SWEENEY,  TITONE -- read once and referred to the
  Committee on Consumer Affairs and Protection

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
  storage recommendations

  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 AND STORAGE LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL
BE UNLAWFUL FOR ANY  PERSON,  FIRM,  CORPORATION,  PARTNERSHIP,  LIMITED
LIABILITY CORPORATION, OR OTHER ENTITY TO MANUFACTURE, FOR SALE, RESALE,
OR  DISTRIBUTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A CLEAR
AND CONSPICUOUS 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.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION, PARTNER-
SHIP, LIMITED LIABILITY CORPORATION, OR OTHER ENTITY TO MANUFACTURE, FOR
SALE, RESALE, OR DISTRIBUTION IN THIS STATE, SUNSCREEN  WHICH  DOES  NOT
CONTAIN  A  CLEAR  AND CONSPICUOUS LABEL PROVIDING INFORMATION REGARDING
THE RECOMMENDED STORAGE OF SUCH SUNSCREEN PRODUCT.
  3. 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 SUBDIVISIONS ONE AND TWO OF
THIS SECTION.
  4.  FOR  PURPOSES  OF  THIS  SECTION, SUNSCREEN SHALL MEAN SUNBLOCK OR
SIMILAR LOTION OR TOPICAL PREPARATION MANUFACTURED AND SOLD FOR THE SOLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04491-01-1
              

A. 4435                             2

PURPOSE OF PROTECTING THE SKIN FROM SOLAR AND  ULTRAVIOLET  LIGHT  EXPO-
SURE.
  5.  (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
CATION 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 CONTIN-
UANCE 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.
  (B) IN ADDITION TO THE  AUTHORITY  GRANTED  TO  THE  ATTORNEY  GENERAL
PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE. IN SUCH ACTION, SUCH PERSON MAY
RECOVER HIS OR HER ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEV-
ER IS GREATER. THE COURT MAY, IN  ITS  DISCRETION  INCREASE  THE  DAMAGE
AWARD  TO  AN  AMOUNT  NOT TO EXCEED ONE THOUSAND DOLLARS. THE COURT MAY
AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.