S T A T E O F N E W Y O R K
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5117
2017-2018 Regular Sessions
I N A S S E M B L Y
February 6, 2017
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Introduced by M. of A. TITUS -- Multi-Sponsored by -- M. of A. GALEF --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to enacting the safe
cosmetics act of 2017
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
22-A to read as follows:
ARTICLE 22-A
SAFE COSMETICS ACT OF 2017
SECTION 2250. DEFINITIONS.
2251. LISTING OF PRODUCTS.
2252. INVESTIGATION.
2253. REFERRAL OF RESULTS.
§ 2250. DEFINITIONS. AS USED OR REFERRED TO IN THIS ARTICLE THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITATIVE BODY" MEANS ANY AGENCY, DIVISION, BODY OR FORMALLY
ORGANIZED PROGRAM OR GROUP RECOGNIZED BY THE DEPARTMENT AS BEING AUTHOR-
ITATIVE FOR THE PURPOSE OF IDENTIFYING CHEMICALS THAT MAY CAUSE CANCER
OR REPRODUCTIVE TOXICITY.
2. "CHEMICAL IDENTIFIED AS CAUSING CANCER OR REPRODUCTIVE TOXICITY"
MEANS A CHEMICAL IDENTIFIED BY AN AUTHORITATIVE BODY AS ANY OF THE
FOLLOWING:
(A) A SUBSTANCE LISTED AS KNOWN OR REASONABLY ANTICIPATED TO BE A
HUMAN CARCINOGEN IN A NATIONAL TOXICOLOGY REPORT ON CARCINOGENS;
(B) A SUBSTANCE GIVEN ON OVERALL CARCINOGENCITY EVALUATION OF GROUP 1,
GROUP 2A OR GROUP 2B BY THE INTERNATIONAL AGENCY FOR RESEARCH ON CANCER;
(C) A SUBSTANCE IDENTIFIED AS A GROUP A, GROUP B1 OR GROUP B2 CARCINO-
GEN, OR AS A KNOWN OR LIKELY CARCINOGEN BY THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02926-01-7
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(D) A SUBSTANCE IDENTIFIED AS HAVING SOME CLEAR EVIDENCE OF ADVERSE
DEVELOPMENTAL, MALE REPRODUCTIVE OR FEMALE REPRODUCTIVE TOXICITY EFFECTS
IN A REPORT BY AN EXPERT PANEL OF THE NATIONAL TOXICOLOGY PROGRAM'S
CENTER FOR THE EVALUATION OF RISKS TO HUMAN REPRODUCTION.
3. "INGREDIENT" SHALL HAVE THE SAME MEANING AS THAT TERM IS DEFINED IN
SUBDIVISION (E) OF 21 C.F.R. 700.3 AND DOES NOT INCLUDE ANY INCIDENTAL
INGREDIENT AS DEFINED IN SUBDIVISION (1) OF 21 C.F.R. 701.3.
4. "MANUFACTURER" MEANS ANY PERSON WHOSE NAME APPEARS ON THE LABEL OF
A COSMETIC PRODUCT PURSUANT TO THE REQUIREMENTS OF 21 C.F.R. 701.12.
§ 2251. LISTING OF PRODUCTS. 1. COMMENCING JANUARY FIRST, TWO THOUSAND
EIGHTEEN, THE MANUFACTURER OF ANY COSMETIC PRODUCT SUBJECT TO REGULATION
BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT IS SOLD IN THIS STATE
SHALL, ON A SCHEDULE AND IN ELECTRONIC OR OTHER FORMAT, AS DETERMINED BY
THE DEPARTMENT, PROVIDE THE DEPARTMENT WITH A COMPLETE AND ACCURATE LIST
OF ITS COSMETIC PRODUCTS THAT, AS OF THE DATE OF SUBMISSION, ARE SOLD IN
THE STATE AND THAT CONTAIN ANY INGREDIENT THAT IS A CHEMICAL IDENTIFIED
AS CAUSING CANCER OR REPRODUCTIVE TOXICITY, INCLUDING ANY CHEMICAL THAT
MEETS EITHER OF THE FOLLOWING CONDITIONS:
(A) A CHEMICAL CONTAINED IN THE PRODUCT FOR PURPOSES OF FRAGRANCE OR
FLAVORING; OR
(B) A CHEMICAL IDENTIFIED BY THE PHRASE "AND OTHER INGREDIENTS" AND
DETERMINED TO BE A TRADE SECRET PURSUANT TO THE PROCEDURE ESTABLISHED IN
PART 20 AND 21 C.F.R. 720.8. ANY INGREDIENT IDENTIFIED PURSUANT TO THIS
PARAGRAPH SHALL BE CONSIDERED TO BE A TRADE SECRET AND SHALL BE TREATED
BY THE DEPARTMENT IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF PART
20 AND PART 720 OF 21 C.F.R.
2. ANY INFORMATION SUBMITTED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL IDENTIFY EACH CHEMICAL BOTH BY NAME AND CHEMICAL ABSTRACT
SERVICE NUMBER AND SHALL SPECIFY THE PRODUCT OR PRODUCTS IN WHICH THE
CHEMICAL IS CONTAINED.
3. IF ANY INGREDIENT IDENTIFIED PURSUANT TO THIS SECTION SUBSEQUENTLY
IS REMOVED FROM THE PRODUCT IN WHICH IT WAS CONTAINED, OR IS REMOVED
FROM THE LIST OF CHEMICALS KNOWN TO CAUSE CANCER OR REPRODUCTIVE TOXICI-
TY, OR IS NO LONGER A CHEMICAL IDENTIFIED AS CAUSING CANCER OR REPRODUC-
TIVE TOXICITY BY AN AUTHORITATIVE BODY, THE MANUFACTURER OF THE PRODUCT
CONTAINING THE INGREDIENT SHALL SUBMIT THE NEW INFORMATION TO THE
DEPARTMENT. UPON RECEIPT OF NEW INFORMATION, THE DEPARTMENT, AFTER VERI-
FYING THE ACCURACY OF THAT INFORMATION, SHALL REVISE THE MANUFACTURER'S
INFORMATION ON RECORD WITH THE DEPARTMENT TO REFLECT THE NEW INFORMA-
TION. THE MANUFACTURER SHALL NOT BE UNDER OBLIGATION TO SUBMIT SUBSE-
QUENT INFORMATION ON THE PRESENCE OF THE INGREDIENT IN THE PRODUCT
UNLESS SUBSEQUENT CHANGES REQUIRE SUBMITTAL OF THE INFORMATION.
4. THIS SECTION SHALL NOT APPLY TO ANY MANUFACTURER OF COSMETIC
PRODUCTS WITH ANNUAL AGGREGATE SALES OF COSMETIC PRODUCTS, BOTH WITHIN
AND OUTSIDE OF THE STATE, OF LESS THAN ONE MILLION DOLLARS, BASED ON THE
MANUFACTURER'S MOST RECENT TAX YEAR.
§ 2252. INVESTIGATION. 1. IN ORDER TO DETERMINE POTENTIAL HEALTH
EFFECTS OF EXPOSURE TO INGREDIENTS IN COSMETICS IN THE STATE, THE
DEPARTMENT MAY CONDUCT AN INVESTIGATION OF ONE OR MORE COSMETIC PRODUCTS
THAT CONTAIN CHEMICALS IDENTIFIED AS CAUSING CANCER OR REPRODUCTIVE
TOXICITY OR OTHER INGREDIENTS OF CONCERN TO THE DEPARTMENT.
2. AN INVESTIGATION CONDUCTED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION MAY INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF AVAILABLE HEALTH
EFFECTS, DATA AND STUDIES, WORKSITE HEALTH HAZARD EVALUATIONS, EPIDEMIO-
LOGICAL STUDIES TO DETERMINE THE HEALTH EFFECTS OF EXPOSURES TO CHEMI-
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CALS IN VARIOUS SUBPOPULATIONS, AND EXPOSURE ASSESSMENTS TO DETERMINE
TOTAL EXPOSURES TO INDIVIDUALS IN VARIOUS SETTINGS.
3. IF AN INVESTIGATION IS CONDUCTED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, THE MANUFACTURER OF ANY PRODUCT SUBJECT TO THE INVESTI-
GATION MAY SUBMIT RELEVANT HEALTH EFFECTS DATA AND STUDIES TO THE
DEPARTMENT.
4. IN ORDER TO FURTHER THE PURPOSES OF AN INVESTIGATION, THE DEPART-
MENT MAY REQUIRE MANUFACTURERS OF PRODUCTS SUBJECT TO THE INVESTIGATION
TO SUBMIT TO THE DEPARTMENT RELEVANT HEALTH EFFECTS DATA AND STUDIES
AVAILABLE TO THE MANUFACTURER AND OTHER AVAILABLE INFORMATION AS
REQUESTED BY THE DEPARTMENT, INCLUDING, BUT NOT LIMITED TO, THE CONCEN-
TRATION OF THE CHEMICAL IN THE PRODUCT, THE AMOUNT BY VOLUME OR WEIGHT
OF THE PRODUCT THAT COMPRISES THE AVERAGE DAILY APPLICATION OR USE, AND
SALES AND USE DATA NECESSARY TO DETERMINE WHERE THE PRODUCT IS USED IN
THE OCCUPATIONAL SETTING.
5. THE DEPARTMENT SHALL ESTABLISH REASONABLE DEADLINES FOR THE SUBMIT-
TAL OF INFORMATION REQUIRED PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION. FAILURE BY A MANUFACTURER TO SUBMIT THE INFORMATION IN COMPLI-
ANCE WITH THE REQUIREMENTS OF THE DEPARTMENT SHALL CONSTITUTE A
VIOLATION OF THIS ARTICLE.
§ 2253. REFERRAL OF RESULTS. 1. IF THE DEPARTMENT DETERMINES PURSUANT
TO AN INVESTIGATION THAT AN INGREDIENT IN A COSMETIC PRODUCT IS POTEN-
TIALLY TOXIC AT THE CONCENTRATION PRESENT IN THE PRODUCT OR UNDER THE
CONDITIONS USED, THE DEPARTMENT SHALL IMMEDIATELY REFER THE RESULTS OF
ITS INVESTIGATION TO THE OCCUPATIONAL SAFETY AND HEALTH HAZARD ABATEMENT
BOARD.
2. WITHIN ONE HUNDRED EIGHTY DAYS AFTER IT RECEIVES THE RESULTS OF AN
INVESTIGATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE OCCUPA-
TIONAL SAFETY AND HEALTH HAZARD ABATEMENT BOARD SHALL DEVELOP AND PRES-
ENT ONE OR MORE PROPOSED OCCUPATIONAL HEALTH STANDARDS TO THE DEPARTMENT
OF LABOR, UNLESS THE OCCUPATIONAL SAFETY AND HEALTH HAZARD ABATEMENT
BOARD AFFIRMATIVELY DETERMINES, IN A WRITTEN FINDING WITHIN NINETY DAYS,
THAT A STANDARD IS NOT NECESSARY TO PROTECT THE HEALTH OF AN EMPLOYEE OR
HAS REGULAR EXPOSURE TO THE HAZARD FOR THE PERIOD OF HIS OR HER WORKING
LIFE. THE WRITTEN FINDING SHALL IDENTIFY THE REASONS FOR DETERMINING THE
STANDARD IS NOT NECESSARY AND THE FACTUAL BASIS FOR THE FINDING.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.