S T A T E O F N E W Y O R K
________________________________________________________________________
4924
2015-2016 Regular Sessions
I N A S S E M B L Y
February 9, 2015
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Introduced by M. of A. SCHIMEL, ENGLEBRIGHT, COOK, JAFFEE, McDONOUGH,
MONTESANO, GOODELL, LIFTON -- Multi-Sponsored by -- M. of A. GLICK,
MOSLEY, PERRY, RIVERA, ROBINSON, STECK -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of personal care products or cosmetics containing
microbeads
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 SALE OF PERSONAL CARE PRODUCTS AND COSMETICS
CONTAINING MICROBEADS.
1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY PERSONAL CARE
PRODUCTS OR COSMETICS CONTAINING MICROBEADS WITHIN NEW YORK STATE.
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. "MICROBEADS" MEANS MICRO POLYMER PARTICLES, LESS THAN FIVE MILLIME-
TERS IN DIAMETER, THAT IS MADE OF SYNTHETIC OR SEMI-SYNTHETIC POLYMERIC
MATERIALS SUCH AS, BUT NOT LIMITED TO, POLYETHYLENE (PE), POLYPROPYLENE
(PP), POLYETHYLENE TEREPHTHALATE (PET), POLYMETHYL METHACRYLATE (PMMA),
OR A COMBINATION OF SUCH POLYMERS.
8. "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, BODY WASHES, LOTIONS, MOISTURIZERS, FACIAL AND BODY
CLEANERS, FACIAL MASKS, EXFOLIATING FACIAL SCRUBS, SUNSCREENS, ACNE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06170-01-5
A. 4924 2
TREATMENT PRODUCTS, SHAMPOOS, CONDITIONERS, TOOTHPASTES, SHAVING CREAMS
AND GELS, AND FOOT CARE PRODUCTS.
9. "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 LIGHTENING CREAM, AND HAIR AND MAKEUP REMOVER PRODUCTS.
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 CORPO-
RATION 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.