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

                                  9230

                          I N  A S S E M B L Y

                            February 4, 2016
                               ___________

Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting the "triclosan awareness act", prohibiting the sale of clean-
  ing products containing triclosan, triclocarban or derivatives of such
  antibacterial compounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  This act shall be known and may be cited as the "triclosan
awareness act".
  S 2. The environmental conservation law is amended  by  adding  a  new
section 37-0115 to read as follows:
S 37-0115. PROHIBITION OF TRICLOSAN, TRICLOCARBAN OR DERIVATIVES OF SUCH
             ANTIBACTERIAL COMPOUNDS.
  1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY  OR  CORPORATION  SHALL  SELL OR OFFER FOR SALE ANY CLEANING PRODUCTS
CONTAINING TRICLOSAN, TRICLOCARBAN, OR DERIVATIVES OF SUCH ANTIBACTERIAL
COMPOUNDS, WITHIN NEW YORK STATE, PROVIDED, HOWEVER, THAT  THIS  SECTION
SHALL  NOT  PROHIBIT  THE SALE OF PRODUCTS CONTAINING SUCH ANTIBACTERIAL
COMPOUNDS THAT ARE USED SOLELY  IN  MEDICAL  FACILITIES  AND  SHALL  NOT
PROHIBIT  INDIVIDUAL  PRODUCTS FOR WHICH SPECIFIC UNITED STATES FOOD AND
DRUG ADMINISTRATION APPROVAL FOR CONSUMER USE HAS BEEN SECURED.
  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 3. Section 37-0101 of the environmental conservation law is  amended
by adding a new subdivision 7 to read as follows:
  7.  "CLEANING  PRODUCTS"  MEANS,  BUT  ARE NOT LIMITED TO, DISHWASHING
LIQUIDS, LAUNDRY DETERGENTS, FABRIC SOFTENERS,  DISINFECTANTS,  SPONGES,
MOP  HEADS,  BROOMS, GARBAGE BAGS, CLEANING AGENTS, ANTIBACTERIAL SOAPS,
HAND SOAPS, BAR SOAPS, LIQUID SOAPS,  HAND  SANITIZERS,  SKIN  PURIFYING
WIPES,  BODY WASHES, FACIAL AND BODY CLEANSERS, SHAMPOOS, AND CONDITION-
ERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13906-02-6
              

A. 9230                             2

  S 4. 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  OF  THIS CHAPTER 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 ADDI-
TION  THERETO,  SUCH  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED
LIABILITY COMPANY, OR CORPORATION MAY BE ENJOINED FROM  CONTINUING  SUCH
VIOLATION.  SUCH PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABIL-
ITY  COMPANY,  OR  CORPORATION 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 5. 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.