senate Bill S6403A

Vetoed By Governor
2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via A2727 - Vetoed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 tabled
vetoed memo.531
Dec 05, 2014 delivered to governor
Jun 19, 2014 returned to assembly
passed senate
3rd reading cal.1609
substituted for s6403b
Jun 19, 2014 substituted by a2727b
ordered to third reading cal.1609
committee discharged and committed to rules
Jun 16, 2014 print number 6403b
amend (t) and recommit to consumer protection
Jan 27, 2014 print number 6403a
amend (t) and recommit to consumer protection
Jan 21, 2014 referred to consumer protection

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S6403 - Bill Details

See Assembly Version of this Bill:
A2727A
Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5645
2011-2012: S4354, A4435
2009-2010: S3463, A6367

S6403 - Bill Texts

view summary

Requires sunscreen products to be labeled with expiration dates; 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.

view sponsor memo
BILL NUMBER:S6403

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 third of
the young people questioned used sunscreen routinely during the
previous summer. Half of those who reported multiple sunburns claimed
it was worthwhile in order to get a tan.

Sunscreen products have an effectiveness life of three to five years.
In light of how important these products are in combating skin cancer,
it is appropriate that the consumer know that sunscreen is not
protective against the sun's rays after a certain point. A clear and
conspicuous label indicating the date after which a sunscreen product
is no longer viable or effective is necessary to alert the consumer to
added risks of sun exposure they may encounter and a clear label
providing information regarding storage will aid the customer in
ensuring that the products they have purchased will retain their
effectiveness. More than 53 million children spend a substantial
portion of their lives in school, and some of that time is spent
outdoors in the sun. These labels are especially important with
children's sunscreen, young people tend to be more severely burned and
are in greater danger than adults.

LEGISLATIVE HISTORY:

2013:Consumer Protection Committee (S.5645)
2011-12: Consumer Protection Committee (S.4354/A.4435)
2009-10: Consumer Protection Committee (S.2099)
2007-08: Consumer Protection Committee (S.4720/A.77)
2005-06: Consumer Protection Committee (S.5475-A/A.983-B)


2004:Consumer Protection Committee (S.6448/A.1061)

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6403

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- 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
THE  STATE  OF  NEW  YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A
SPECIAL PROCEEDING TO ISSUE  AN  INJUNCTION,  AND  UPON  NOTICE  TO  THE
DEFENDANT  OF NOT LESS THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTIN-

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

S. 6403                             2

UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING
AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH  VIOLATION.  IN  CONNECTION
WITH  ANY  SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED
TO TAKE PROOF AND MAKE A DETERMINATION OF  THE  RELEVANT  FACTS  AND  TO
ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  (B)  IN  ADDITION  TO  THE  AUTHORITY  GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE. IN SUCH ACTION, SUCH PERSON MAY
RECOVER HIS OR HER ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEV-
ER  IS  GREATER.  THE  COURT  MAY, IN ITS DISCRETION INCREASE THE DAMAGE
AWARD TO AN AMOUNT NOT TO EXCEED ONE THOUSAND  DOLLARS.  THE  COURT  MAY
AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

S6403A - Bill Details

See Assembly Version of this Bill:
A2727A
Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5645
2011-2012: S4354, A4435
2009-2010: S3463, A6367

S6403A - Bill Texts

view summary

Requires sunscreen products to be labeled with expiration dates; 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.

view sponsor memo
BILL NUMBER:S6403A

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

PURPOSE:

This bill would require sunscreen products to be labeled with expiration
dates.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 399-j to the General Business
Law to require that all sunscreen sold in the state be labeled with an
expiration date.

Section 2 provides the effective date.

JUSTIFICATION:

According to the American Cancer Society over 800,000 new skin cancer
cases of highly curable basal cell or squamous cell cancers are diag-
nosed 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 third of the young people questioned used sunscreen
routinely during the previous summer. Half of those who reported multi-
ple sunburns claimed it was worthwhile in order to get a tan.

Sunscreen products have an effectiveness life of three to five years.
In light of how important these products are in combating skin cancer,
it is appropriate that the consumer know that sunscreen is not protec-
tive against the sun's rays after a certain point. A clear and conspicu-
ous label indicating the date after which a sunscreen product is no
longer viable or effective is necessary to alert the consumer to added
risks of sun exposure they may encounter. More than 53 million children
spend a substantial portion of their lives in school, and some of that
time is spent outdoors in the sun. These labels are especially important
with children's sunscreen, as young people tend to be more severely
burned and are in greater danger than adults.

LEGISLATIVE HISTORY:

2013:Consumer Protection Committee (S.5645)
2011-12: Consumer Protection Committee (S.4354/A.4435)
2009-10: Consumer Protection Committee (S.2099)
2007-08: Consumer Protection Committee (S.4720/A.77)
2005-06: Consumer Protection Committee (S.5475-A/A.983-B)
2004:Consumer Protection Committee (S.6448/A.1061)

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect two years after it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6403--A

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general  business  law,  in  relation  to  requiring
  sunscreen products to be labeled with a best if used before date

  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 LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL BE  UNLAWFUL
FOR ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO-
RATION,  OR  OTHER  ENTITY TO MANUFACTURE, FOR SALE, RESALE, OR DISTRIB-
UTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A 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. 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 SUBDIVISION ONE OF THIS
SECTION.
  3. FOR PURPOSES OF THIS SECTION, SUNSCREEN SHALL MEAN A TOPICAL,  NON-
DOSAGE  PRODUCT  INTENDED  FOR USE STRICTLY AS A HUMAN OTC DRUG PRODUCT,
AND NOT ALSO A COSMETIC PRODUCT, AND LABELED WITH  THE  TERM  "SPF"  AND
LABELED  SOLELY  FOR  USE IN SUNBURN PROTECTION, AND CONTAINING AT LEAST
ONE ACTIVE INGREDIENT LISTED IN 21 C.F.R. 352.10 THAT ABSORBS,  REFLECTS
OR SCATTERS RADIATION.
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT  LESS  THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01420-04-4

S. 6403--A                          2

RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
THAN  TWO  HUNDRED  FIFTY DOLLARS FOR EACH SUCH VIOLATION. IN CONNECTION
WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL  IS  AUTHORIZED
TO  TAKE  PROOF  AND  MAKE  A DETERMINATION OF THE RELEVANT FACTS AND TO
ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAW  AND  RULES.
ANY  MONETARY  PENALTIES THAT ARE SECURED BY THE STATE SHALL BE UTILIZED
BY THE DEPARTMENT OF HEALTH FOR SUNSCREEN EDUCATION PROGRAMS.
  S 2. This act shall take effect two years after it shall have become a
law; provided that it shall be repealed upon the adoption by the  United
States  Food  and  Drug Administration of a final OTC drug monograph for
sunscreen products; provided that the commissioner of health shall noti-
fy the legislative bill drafting commission upon the occurrence  of  the
adoption  of  a final OTC drug monograph for sunscreen products provided
for in this act in order that the commission may  maintain  an  accurate
and  timely  effective data base of the official text of the laws of the
state of New York in  furtherance  of  effectuating  the  provisions  of
section  44  of the legislative law and section 70-b of the public offi-
cers law.

S6403B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2727A
Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5645
2011-2012: S4354, A4435
2009-2010: S3463, A6367

S6403B (ACTIVE) - Bill Texts

view summary

Requires sunscreen products to be labeled with expiration dates; 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.

view sponsor memo
BILL NUMBER:S6403B

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 providing for the repeal of such provisions upon expiration
thereof

PURPOSE: This bill would require certain sunscreen products to be
labeled with expiration dates.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 399-j to the General Business
Law to require that certain sunscreen products sold in the state be
labeled with an expiration date.

Section 2 provides the effective date.

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 third of the young people questioned
used sunscreen routinely during the previous summer. Half of those who
reported multiple sunburns claimed it was worthwhile in order to get a
tan.

Sunscreen products have an effectiveness life of three to five years.
In light of how important these products are in combating skin cancer,
it is appropriate that the consumer know that sunscreen is not protec-
tive against the sun's rays after a certain point. A clear and conspicu-
ous label indicating the date after which a sunscreen product is no
longer viable or effective is necessary to alert the consumer to added
risks of sun exposure they may encounter. More than 53 million children
spend a substantial portion of their lives in school, and some of that
time is spent outdoors in the sun. These labels are especially important
with children's sunscreen, as young people tend to be more severely
burned and are in greater danger than adults.

LEGISLATIVE HISTORY: 2013: Consumer Protection Committee (S.5645)
2011-12: Consumer Protection Committee (S.4354/A.4435) 2009-10: Consumer
Protection Committee (S.2099) 2007-08: Consumer Protection Committee

(S.4720/A.77) 2005-06: Consumer Protection Committee (S.5475-A/A.983-B)
2004: Consumer Protection Committee (S.6448/A.1061)

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect two years after it shall
have become a law; provided that it shall be repealed upon the adoption
by the United States Food and Drug Administration of a final OTC drug
monograph for sunscreen products.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6403--B

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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
  providing for the repeal of such provisions upon expiration thereof

  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 LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL BE  UNLAWFUL
FOR ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO-
RATION,  OR  OTHER  ENTITY TO MANUFACTURE, FOR SALE, RESALE, OR DISTRIB-
UTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A 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. 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 SUBDIVISION ONE OF THIS
SECTION.
  3. FOR PURPOSES OF THIS SECTION, SUNSCREEN SHALL MEAN A TOPICAL,  NON-
DOSAGE  PRODUCT  INTENDED  FOR USE STRICTLY AS A HUMAN OTC DRUG PRODUCT,
AND NOT ALSO A COSMETIC PRODUCT, AND LABELED WITH  THE  TERM  "SPF"  AND
LABELED  SOLELY  FOR  USE IN SUNBURN PROTECTION, AND CONTAINING AT LEAST
ONE ACTIVE INGREDIENT LISTED IN 21 C.F.R. 352.10 THAT ABSORBS,  REFLECTS
OR  SCATTERS RADIATION.   FOR PURPOSES OF THIS SECTION "SUNSCREEN" SHALL
NOT INCLUDE PRODUCTS IN WHICH AVAILABLE EMPIRICAL  TESTING  DEMONSTRATES
THAT THE SUNSCREEN PRODUCT MAINTAINS ITS INTEGRITY AND EFFECTIVENESS FOR
A PERIOD OF AT LEAST THREE YEARS.
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01420-05-4

S. 6403--B                          2

PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT  LESS  THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH  VIOLATION.  IN  CONNECTION
WITH  ANY  SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED
TO TAKE PROOF AND MAKE A DETERMINATION OF  THE  RELEVANT  FACTS  AND  TO
ISSUE  SUBPOENAS  IN  ACCORDANCE  WITH THE CIVIL PRACTICE LAW AND RULES.
ANY MONETARY PENALTIES THAT ARE SECURED BY THE STATE SHALL  BE  UTILIZED
BY THE DEPARTMENT OF HEALTH FOR SUNSCREEN EDUCATION PROGRAMS.
  S 2. This act shall take effect two years after it shall have become a
law;  provided that it shall be repealed upon the adoption by the United
States Food and Drug Administration of a final OTC  drug  monograph  for
sunscreen products; provided that the commissioner of health shall noti-
fy  the  legislative bill drafting commission upon the occurrence of the
adoption of a final OTC drug monograph for sunscreen  products  provided
for  in  this  act in order that the commission may maintain an accurate
and timely effective data base of the official text of the laws  of  the
state  of  New  York  in  furtherance  of effectuating the provisions of
section 44 of the legislative law and section 70-b of the  public  offi-
cers law.

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