Assembly Bill A2727A

Vetoed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status - Vetoed by Governor


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

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A2727 - Details

Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6367
2011-2012: A4435

2013-A2727 - Summary

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

2013-A2727 - Bill Text download pdf

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

                                  2727

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  WEISENBERG, GALEF, McKEVITT, MILLER, COLTON,
  COOK, ZEBROWSKI, ROSENTHAL, JAFFEE, HOOPER, MAISEL, CASTRO  --  Multi-
  Sponsored by -- M. of A.  DINOWITZ, DUPREY, GOTTFRIED, HIKIND, JACOBS,
  JORDAN,  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.
                                                           LBD01420-01-3

              

co-Sponsors

multi-Sponsors

2013-A2727A - Details

Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6367
2011-2012: A4435

2013-A2727A - Summary

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

2013-A2727A - Bill Text download pdf

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

                                 2727--A
                                                        Cal. No. 156

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  WEISENBERG, GALEF, McKEVITT, MILLER, COLTON,
  COOK, ZEBROWSKI, ROSENTHAL, JAFFEE, HOOPER, OTIS,  SCHIMEL,  WEINSTEIN
  -- Multi-Sponsored by -- M. of A. DINOWITZ, DUPREY, GOTTFRIED, HIKIND,
  JACOBS,  McDONALD, ROBINSON, SWEENEY, TITONE -- read once and referred
  to the Committee on Consumer Affairs and Protection --  ordered  to  a
  third  reading  --  passed  by  Assembly  and delivered to the Senate,
  recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
  reprinted, retaining its place on the order of third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01420-03-4
              

co-Sponsors

multi-Sponsors

2013-A2727B (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6367
2011-2012: A4435

2013-A2727B (ACTIVE) - Summary

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

2013-A2727B (ACTIVE) - Bill Text download pdf

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

                                 2727--B
                                                        Cal. No. 156

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  WEISENBERG, GALEF, McKEVITT, MILLER, COLTON,
  COOK, ZEBROWSKI, ROSENTHAL, JAFFEE, HOOPER, OTIS,  SCHIMEL,  WEINSTEIN
  -- Multi-Sponsored by -- M. of A. DINOWITZ, DUPREY, GOTTFRIED, HIKIND,
  JACOBS,  McDONALD, ROBINSON, SWEENEY, TITONE -- read once and referred
  to the Committee on Consumer Affairs and Protection --  ordered  to  a
  third  reading  --  passed  by  Assembly  and delivered to the Senate,
  recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
  reprinted,  retaining  its  place  on  the  order  of third reading --
  repassed by Assembly and delivered to the Senate,  recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the order of third reading

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

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

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