NY State Senate Bill 2015-S6070

Senate Bill S6070

2015-2016 Legislative Session

Prohibits the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Oct 16, 2015	referred to rules

co-Sponsors

2015-S6070 (ACTIVE) - Details

See Assembly Version of this Bill:: A4932
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, amd §§37-0101 & 71-3703, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8697
2017-2018: S5053, A3786
2019-2020: S1547
2021-2022: S5122
2023-2024: S5663

2015-S6070 (ACTIVE) - Summary

Prohibits the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds.

2015-S6070 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6070

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
prohibiting the sale of cleaning products containing triclosan,
triclocarban or derivatives of such antibacterial compounds

 PURPOSE :

The bill would prohibit the sale of cleaning products containing
triclosan, triclocarban or derivatives of such antibacterial
compounds.

 SUMMARY OF PROVISIONS :

Amends the environmental conservation law by adding a new section
37-0115, which would prohibit any person, firm, partnership,
association, limited liability company or corporation from selling or
offering for sale any cleaning products containing triclosan,
triclocarban, or derivatives of such antibacterial compounds, within
New York State. This section shall not prohibit the sale of such
products that are used solely in medical facilities. The bill would
also authorize the Department of Environmental Conservation (DEC) to
promulgate rules and regulations in order to implement these
provisions. The bill also contains civil penalties for violation of

its provisions.

 JUSTIFICATION :

Triclosan is a phenylether or chlorinated bisphenol, which has been
used as a synthetic broad-spectrum antimicrobial agent since the early
1970s. Triclosan can be found in an array of consumer products, such
as antibacterial soaps, dishwashing products, shampoos, conditioners,
laundry detergents and softeners. The U.S. Food and Drug
Administration has found no evidence that triclosan in antibacterial
soaps are more effective against germs than regular soap and water.

Several studies have found large amounts of triclosan in surface
waters, soil, sediments, and algae. In 2013, a University of Minnesota
study found increasing amounts of triclosan in Minnesota's freshwater
lakes. The study also found several chlorinated triclosan derivatives,
which form when triclosan is exposed to chlorine during the wastewater
disinfection process. Studies have also found evidence of triclosan in
New York State waterways.

A United States Geologic Survey (USGS) study found triclosan to be one
of the most frequently detected compounds in wastewater contaminants.
Over 95 percent of the uses of triclosan are in consumer products that
are disposed of down residential drains. Since wastewater treatment
plants are unable to completely remove triclosan from the water and
the compound is highly stable for long periods of time, an increasing
amount of triclosan is emitted into waterways. Triclosan has also been
found to be toxic to aquatic life and algae.

Given the potential environmental impacts associated with triclosan,
it is imperative that the state take appropriate measures to protect
the environment from further exposure to this chemical.

 LEGISLATIVE HISTORY :

2014: A8697b

 FISCAL IMPLICATIONS :

None to the state.
 EFFECTIVE DATE :
This act shall take effect one year and six months after it shall have
become a law.

2015-S6070 (ACTIVE) - Bill Text download pdf

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

                                  6070

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            October 16, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  sale  of  cleaning  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.  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.
  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 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.
  S  3. Section 71-3703 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06171-01-5

S. 6070                             2

  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
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 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.

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Senate Bill S6070

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Sponsored By

Timothy M. Kennedy