|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 31, 2013||referred to consumer protection|
senate Bill S5645
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5645 - Details
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
BILL NUMBER:S5645 TITLE OF BILL: 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 PURPOSE: This bill would require sunscreen products to be labeled with expiration dates and storage recommendations. SUMMARY OF PROVISIONS: The General Business Law is amended by adding a new section 399-j. JUSTIFICATION: According to the American Cancer Society over 800,000 new skin cancer cases of highly curable basal cell or squamous cell cancers are diagnosed per year. More than a million new cases of skin cancer diagnosed in 2002 make it the most common form of cancer in the United States. The number of melanomas diagnosed in the United States is increasing; since 1973, the incidence rate of melanoma has more than doubled. Skin care prevention involves addressing personal behavior and individual choices. According to the American Cancer Society the best way to prevent skin cancer are as follows: "The sun's ultraviolet rays are the strongest between 10 a.m. and 3 p.m., exposure at these times should be avoided, and protective clothing should be worn. SUNSCREENS SHOULD BE USED. These come in various strengths, ranging from those facilitating gradual tanning to those that allow practically no tanning. A recent study revealed that only a
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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