senate Bill S5645

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2013 referred to consumer protection

S5645 - Details

See Assembly Version of this Bill:
A2727
Law Section:
General Business Law
Laws Affected:
Add ยง399-j, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4354, A4435
2009-2010: S3463, A6367

S5645 - 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.

S5645 - Sponsor Memo

S5645 - Bill Text download pdf

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

                                  5645

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01420-01-3

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