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.