Assembly Bill A4435

2011-2012 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A4435 (ACTIVE) - Details

See Senate Version of this Bill:
S4354
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6367, S3463
2013-2014: A2727, S5645, S6403

2011-A4435 (ACTIVE) - Summary

Requires sunscreen products to be labeled with expiration dates and storage recommendations; 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; authorizes the court, in such an action, to increase the award of damages up to one thousand dollars and to award reasonable attorneys' fees to a prevailing plaintiff.

2011-A4435 (ACTIVE) - Bill Text download pdf

                            
                    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
              

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