S T A T E O F N E W Y O R K
________________________________________________________________________
8697--A
I N A S S E M B L Y
February 4, 2014
___________
Introduced by M. of A. SCHIMEL -- read once and referred to the Commit-
tee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of personal care products, cosmetics or cleaning
products containing triclosan, triclocarban or derivatives of such
antibacterial compounds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 37-0115 to read as follows:
S 37-0115. PROHIBITION OF TRICLOSAN, TRICLOCARBAN OR DERIVATIVES OF SUCH
ANTIBACTERIAL COMPOUNDS.
1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY PERSONAL CARE
PRODUCTS, COSMETICS OR CLEANING PRODUCTS CONTAINING TRICLOSAN, TRICLO-
CARBAN, OR DERIVATIVES OF SUCH ANTIBACTERIAL COMPOUNDS, WITHIN NEW YORK
STATE, PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT PROHIBIT THE SALE
OF PRODUCTS CONTAINING SUCH ANTIBACTERIAL COMPOUNDS THAT ARE USED SOLELY
IN MEDICAL FACILITIES.
2. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
S 2. Section 37-0101 of the environmental conservation law is amended
by adding three new subdivisions 7, 8 and 9 to read as follows:
7. "PERSONAL CARE PRODUCTS" MEANS CONSUMER PRODUCTS MANUFACTURED FOR
USE IN PERSONAL HYGIENE AND BEAUTIFICATION. PERSONAL CARE PRODUCTS SHALL
INCLUDE, BUT ARE NOT LIMITED TO, ANTIBACTERIAL SOAPS, HAND SOAPS, BAR
SOAPS, LIQUID SOAPS, HAND SANITIZERS, SKIN PURIFYING WIPES, BODY WASHES,
BODY SPRAYS, ANTIPERSPIRANTS/DEODORANTS IN BOTH STICK AND AEROSOL FORM,
LOTIONS, MOISTURIZERS, FACIAL AND BODY CLEANSERS, FACIAL MASKS,
SUNSCREENS, ACNE TREATMENT PRODUCTS, SHAMPOOS, CONDITIONERS, HAIR
SPRAYS, MOUSSES, STYLING GELS, TOOTHBRUSHES, MOUTHWASHES, TOOTHPASTES,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13399-03-4
A. 8697--A 2
WHITENING STRIPS AND GELS, SHAVING CREAMS AND GELS, AND FOOT ODOR
CONTROL PRODUCTS.
8. "COSMETICS" MEANS CONSUMER PRODUCTS MANUFACTURED FOR USE IN BEAUTI-
FICATION. COSMETICS SHALL INCLUDE, BUT ARE NOT LIMITED TO, LIP GLOSS,
LIPSTICK, LIP BALM, LIP LINER, EYE SHADOW, EYE LINER, MASCARA, BLUSH,
FOUNDATION, CONCEALER, POWDER, PRIMER, BLEMISH COVER STICKS, BRONZER,
SKIN LITENING CREAM, MAKEUP REMOVER PRODUCTS, NAIL POLISH AND NAIL
POLISH REMOVER.
9. "CLEANING PRODUCTS" MEANS, BUT ARE NOT LIMITED TO, ANTI-BACTERIAL
SOAPS, DISHWASHING LIQUIDS, LAUNDRY DETERGENTS, FABRIC SOFTENERS, DISIN-
FECTANTS, SPONGES, MOP HEADS, BROOMS, GARBAGE BAGS, AND CLEANING AGENTS.
S 3. Section 71-3703 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
4. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY
COMPANY, OR CORPORATION WHO VIOLATES ANY OF THE PROVISIONS OF SECTION
37-0115 OR ANY RULE OR REGULATION PROMULGATED PURSUANT HERETO, SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH
DAY DURING WHICH SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH
PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR
CORPORATION MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH
PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR
CORPORATION SHALL FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE
STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED
DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
S 4. This act shall take effect one year and six months after it shall
have become a law; provided, however, that effective immediately the
addition and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before one year after this act
shall have become a law.