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

                                  5059

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2011
                               ___________

Introduced  by  M.  of A. TITUS, PHEFFER, ROBINSON, WEISENBERG -- Multi-
  Sponsored by -- M. of A.  BOYLAND, GALEF -- read once and referred  to
  the Committee on Health

AN  ACT to amend the public health law, in relation to enacting the safe
  cosmetics act of 2011

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

  Section  1.  The  public health law is amended by adding a new article
22-A to read as follows:
                              ARTICLE 22-A
                       SAFE COSMETICS ACT OF 2011
SECTION 2250. DEFINITIONS.
        2251. LISTING OF PRODUCTS.
        2252. INVESTIGATION.
        2253. REFERRAL OF RESULTS.
  S 2250. DEFINITIONS. AS USED  OR  REFERRED  TO  IN  THIS  ARTICLE  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "AUTHORITATIVE  BODY" MEANS ANY AGENCY, DIVISION, BODY OR FORMALLY
ORGANIZED PROGRAM OR GROUP RECOGNIZED BY THE DEPARTMENT AS BEING AUTHOR-
ITATIVE FOR THE PURPOSE OF IDENTIFYING CHEMICALS THAT MAY  CAUSE  CANCER
OR REPRODUCTIVE TOXICITY.
  2.  "CHEMICAL  IDENTIFIED  AS CAUSING CANCER OR REPRODUCTIVE TOXICITY"
MEANS A CHEMICAL IDENTIFIED BY AN  AUTHORITATIVE  BODY  AS  ANY  OF  THE
FOLLOWING:
  (A)  A  SUBSTANCE  LISTED  AS  KNOWN OR REASONABLY ANTICIPATED TO BE A
HUMAN CARCINOGEN IN A NATIONAL TOXICOLOGY REPORT ON CARCINOGENS;
  (B) A SUBSTANCE GIVEN ON OVERALL CARCINOGENCITY EVALUATION OF GROUP 1,
GROUP 2A OR GROUP 2B BY THE INTERNATIONAL AGENCY FOR RESEARCH ON CANCER;
  (C) A SUBSTANCE IDENTIFIED AS A GROUP A, GROUP B1 OR GROUP B2 CARCINO-
GEN, OR AS A KNOWN OR LIKELY CARCINOGEN BY THE  UNITED  STATES  ENVIRON-
MENTAL PROTECTION AGENCY; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08104-01-1
              

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  (D)  A  SUBSTANCE  IDENTIFIED AS HAVING SOME CLEAR EVIDENCE OF ADVERSE
DEVELOPMENTAL, MALE REPRODUCTIVE OR FEMALE REPRODUCTIVE TOXICITY EFFECTS
IN A REPORT BY AN EXPERT PANEL  OF  THE  NATIONAL  TOXICOLOGY  PROGRAM'S
CENTER FOR THE EVALUATION OF RISKS TO HUMAN REPRODUCTION.
  3. "INGREDIENT" SHALL HAVE THE SAME MEANING AS THAT TERM IS DEFINED IN
SUBDIVISION  (E)  OF 21 C.F.R. 700.3 AND DOES NOT INCLUDE ANY INCIDENTAL
INGREDIENT AS DEFINED IN SUBDIVISION (1) OF 21 C.F.R. 701.3.
  4. "MANUFACTURER" MEANS ANY PERSON WHOSE NAME APPEARS ON THE LABEL  OF
A COSMETIC PRODUCT PURSUANT TO THE REQUIREMENTS OF 21 C.F.R. 701.12.
  S 2251. LISTING OF PRODUCTS. 1. COMMENCING JANUARY FIRST, TWO THOUSAND
TWELVE,  THE  MANUFACTURER OF ANY COSMETIC PRODUCT SUBJECT TO REGULATION
BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT IS SOLD IN  THIS  STATE
SHALL, ON A SCHEDULE AND IN ELECTRONIC OR OTHER FORMAT, AS DETERMINED BY
THE DEPARTMENT, PROVIDE THE DEPARTMENT WITH A COMPLETE AND ACCURATE LIST
OF ITS COSMETIC PRODUCTS THAT, AS OF THE DATE OF SUBMISSION, ARE SOLD IN
THE  STATE AND THAT CONTAIN ANY INGREDIENT THAT IS A CHEMICAL IDENTIFIED
AS CAUSING CANCER OR REPRODUCTIVE TOXICITY, INCLUDING ANY CHEMICAL  THAT
MEETS EITHER OF THE FOLLOWING CONDITIONS:
  (A)  A  CHEMICAL CONTAINED IN THE PRODUCT FOR PURPOSES OF FRAGRANCE OR
FLAVORING; OR
  (B) A CHEMICAL IDENTIFIED BY THE PHRASE "AND  OTHER  INGREDIENTS"  AND
DETERMINED TO BE A TRADE SECRET PURSUANT TO THE PROCEDURE ESTABLISHED IN
PART  20 AND 21 C.F.R. 720.8. ANY INGREDIENT IDENTIFIED PURSUANT TO THIS
PARAGRAPH SHALL BE CONSIDERED TO BE A TRADE SECRET AND SHALL BE  TREATED
BY  THE  DEPARTMENT IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF PART
20 AND PART 720 OF 21 C.F.R.
  2. ANY INFORMATION SUBMITTED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL IDENTIFY EACH CHEMICAL BOTH BY NAME AND CHEMICAL ABSTRACT
SERVICE NUMBER AND SHALL SPECIFY THE PRODUCT OR PRODUCTS  IN  WHICH  THE
CHEMICAL IS CONTAINED.
  3.  IF ANY INGREDIENT IDENTIFIED PURSUANT TO THIS SECTION SUBSEQUENTLY
IS REMOVED FROM THE PRODUCT IN WHICH IT WAS  CONTAINED,  OR  IS  REMOVED
FROM THE LIST OF CHEMICALS KNOWN TO CAUSE CANCER OR REPRODUCTIVE TOXICI-
TY, OR IS NO LONGER A CHEMICAL IDENTIFIED AS CAUSING CANCER OR REPRODUC-
TIVE  TOXICITY BY AN AUTHORITATIVE BODY, THE MANUFACTURER OF THE PRODUCT
CONTAINING THE INGREDIENT  SHALL  SUBMIT  THE  NEW  INFORMATION  TO  THE
DEPARTMENT. UPON RECEIPT OF NEW INFORMATION, THE DEPARTMENT, AFTER VERI-
FYING  THE ACCURACY OF THAT INFORMATION, SHALL REVISE THE MANUFACTURER'S
INFORMATION ON RECORD WITH THE DEPARTMENT TO REFLECT  THE  NEW  INFORMA-
TION.  THE  MANUFACTURER  SHALL NOT BE UNDER OBLIGATION TO SUBMIT SUBSE-
QUENT INFORMATION ON THE PRESENCE  OF  THE  INGREDIENT  IN  THE  PRODUCT
UNLESS SUBSEQUENT CHANGES REQUIRE SUBMITTAL OF THE INFORMATION.
  4.  THIS  SECTION  SHALL  NOT  APPLY  TO  ANY MANUFACTURER OF COSMETIC
PRODUCTS WITH ANNUAL AGGREGATE SALES OF COSMETIC PRODUCTS,  BOTH  WITHIN
AND OUTSIDE OF THE STATE, OF LESS THAN ONE MILLION DOLLARS, BASED ON THE
MANUFACTURER'S MOST RECENT TAX YEAR.
  S  2252.  INVESTIGATION.  1.  IN  ORDER  TO DETERMINE POTENTIAL HEALTH
EFFECTS OF EXPOSURE TO  INGREDIENTS  IN  COSMETICS  IN  THE  STATE,  THE
DEPARTMENT MAY CONDUCT AN INVESTIGATION OF ONE OR MORE COSMETIC PRODUCTS
THAT  CONTAIN  CHEMICALS  IDENTIFIED  AS  CAUSING CANCER OR REPRODUCTIVE
TOXICITY OR OTHER INGREDIENTS OF CONCERN TO THE DEPARTMENT.
  2. AN INVESTIGATION CONDUCTED PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION MAY INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF AVAILABLE HEALTH
EFFECTS, DATA AND STUDIES, WORKSITE HEALTH HAZARD EVALUATIONS, EPIDEMIO-
LOGICAL  STUDIES  TO DETERMINE THE HEALTH EFFECTS OF EXPOSURES TO CHEMI-

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CALS IN VARIOUS SUBPOPULATIONS, AND EXPOSURE  ASSESSMENTS  TO  DETERMINE
TOTAL EXPOSURES TO INDIVIDUALS IN VARIOUS SETTINGS.
  3.  IF  AN  INVESTIGATION  IS CONDUCTED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, THE MANUFACTURER OF ANY PRODUCT SUBJECT  TO  THE  INVESTI-
GATION  MAY  SUBMIT  RELEVANT  HEALTH  EFFECTS  DATA  AND STUDIES TO THE
DEPARTMENT.
  4. IN ORDER TO FURTHER THE PURPOSES OF AN INVESTIGATION,  THE  DEPART-
MENT  MAY REQUIRE MANUFACTURERS OF PRODUCTS SUBJECT TO THE INVESTIGATION
TO SUBMIT TO THE DEPARTMENT RELEVANT HEALTH  EFFECTS  DATA  AND  STUDIES
AVAILABLE  TO  THE  MANUFACTURER  AND  OTHER  AVAILABLE  INFORMATION  AS
REQUESTED BY THE DEPARTMENT, INCLUDING, BUT NOT LIMITED TO, THE  CONCEN-
TRATION  OF  THE CHEMICAL IN THE PRODUCT, THE AMOUNT BY VOLUME OR WEIGHT
OF THE PRODUCT THAT COMPRISES THE AVERAGE DAILY APPLICATION OR USE,  AND
SALES  AND  USE DATA NECESSARY TO DETERMINE WHERE THE PRODUCT IS USED IN
THE OCCUPATIONAL SETTING.
  5. THE DEPARTMENT SHALL ESTABLISH REASONABLE DEADLINES FOR THE SUBMIT-
TAL OF  INFORMATION  REQUIRED  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS
SECTION.  FAILURE BY A MANUFACTURER TO SUBMIT THE INFORMATION IN COMPLI-
ANCE  WITH  THE  REQUIREMENTS  OF  THE  DEPARTMENT  SHALL  CONSTITUTE  A
VIOLATION OF THIS ARTICLE.
  S 2253. REFERRAL OF RESULTS. 1. IF THE DEPARTMENT DETERMINES  PURSUANT
TO  AN  INVESTIGATION THAT AN INGREDIENT IN A COSMETIC PRODUCT IS POTEN-
TIALLY TOXIC AT THE CONCENTRATION PRESENT IN THE PRODUCT  OR  UNDER  THE
CONDITIONS  USED,  THE DEPARTMENT SHALL IMMEDIATELY REFER THE RESULTS OF
ITS INVESTIGATION TO THE OCCUPATIONAL SAFETY AND HEALTH HAZARD ABATEMENT
BOARD.
  2. WITHIN ONE HUNDRED EIGHTY DAYS AFTER IT RECEIVES THE RESULTS OF  AN
INVESTIGATION  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, THE OCCUPA-
TIONAL SAFETY AND HEALTH HAZARD ABATEMENT BOARD SHALL DEVELOP AND  PRES-
ENT ONE OR MORE PROPOSED OCCUPATIONAL HEALTH STANDARDS TO THE DEPARTMENT
OF  LABOR,  UNLESS  THE  OCCUPATIONAL SAFETY AND HEALTH HAZARD ABATEMENT
BOARD AFFIRMATIVELY DETERMINES, IN A WRITTEN FINDING WITHIN NINETY DAYS,
THAT A STANDARD IS NOT NECESSARY TO PROTECT THE HEALTH OF AN EMPLOYEE OR
HAS REGULAR EXPOSURE TO THE HAZARD FOR THE PERIOD OF HIS OR HER  WORKING
LIFE. THE WRITTEN FINDING SHALL IDENTIFY THE REASONS FOR DETERMINING THE
STANDARD IS NOT NECESSARY AND THE FACTUAL BASIS FOR THE FINDING.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.