S T A T E O F N E W Y O R K
________________________________________________________________________
3877
2019-2020 Regular Sessions
I N A S S E M B L Y
January 31, 2019
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Introduced by M. of A. HYNDMAN, ARROYO, RIVERA, RICHARDSON, CRESPO,
GOTTFRIED, ENGLEBRIGHT, DICKENS, SIMON -- read once and referred to
the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to hair relaxer
labeling
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
391-u to read as follows:
§ 391-U. HAIR RELAXER LABELING. 1. FOR PURPOSES OF THIS SECTION:
A. "HAIR RELAXER" SHALL MEAN ANY PRODUCT TOPICALLY APPLIED TO HAIR FOR
THE PURPOSE OF WEAKENING THE STRUCTURE AND CURLINESS OF THE HAIR FIBER
AND ALLOWING FOR A STRAIGHTENING OF THE HAIR;
B. "MANUFACTURER" SHALL MEAN A PERSON, FIRM, ASSOCIATION, PARTNERSHIP
OR CORPORATION WHO MANUFACTURES THE FINAL HAIR RELAXER OR WHOSE BRAND
NAME IS AFFIXED TO THE PRODUCT. IN THE CASE OF A PRODUCT THAT WAS
IMPORTED INTO THE UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR
FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT IF THE ENTITY WHO CURRENTLY
MANUFACTURES OR ASSEMBLES THE PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO
THE PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES;
C. "CHEMICAL" SHALL MEAN A SUBSTANCE WITH A DISTINCT MOLECULAR COMPO-
SITION OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE
BREAKDOWN PRODUCTS OF THE SUBSTANCE OR SUBSTANCES THAT FORM THROUGH
DECOMPOSITION, DEGRADATION OR METABOLISM;
D. "CARCINOGEN" SHALL MEAN ANY CHEMICAL IDENTIFIED AS:
(I) A "GROUP 1 CARCINOGEN" OR "GROUP 2A CARCINOGEN" BY THE WORLD
HEALTH ORGANIZATION OR INTERNATIONAL AGENCY FOR RESEARCH ON CANCER;
(II) "KNOWN TO BE A HUMAN CARCINOGEN" AND "REASONABLY ANTICIPATED TO
BE A HUMAN CARCINOGEN" BY THE SECRETARY OF THE UNITED STATES DEPARTMENT
OF HEALTH AND HUMAN SERVICES PURSUANT TO THE PUBLIC HEALTH SERVICE ACT,
42 UNITED STATES CODE, SECTION 241(B)(4), AS AMENDED; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06261-01-9
A. 3877 2
(III) "GROUP A CARCINOGENS" OR "GROUP B CARCINOGENS" BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY; AND
E. "REPRODUCTIVE TOXICANT" IS ANY CHEMICAL IDENTIFIED AS REPRODUCTIVE
OR A DEVELOPMENTAL TOXICANT BY:
(I) THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE EVALUATION OF RISKS TO HUMAN
REPRODUCTION; OR
(II) THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF ENVI-
RONMENTAL HEALTH HAZARD ASSESSMENT PURSUANT TO THE CALIFORNIA HEALTH AND
SAFETY CODE, SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986,
CHAPTER 6.6, SECTION 25249.8.
2. ANY HAIR RELAXER BEING OFFERED FOR SALE IN THE STATE OF NEW YORK
THAT CONTAINS A CARCINOGEN OR A REPRODUCTIVE TOXICANT SHALL PROVIDE A
CLEAR AND CONSPICUOUS WARNING LABEL THAT NOTIFIES THE CONSUMER THAT SUCH
HAIR RELAXER CONTAINS SUCH CHEMICALS. THE WARNING LABEL SHALL STATE:
(I) IF A PRODUCT CONTAINS A CARCINOGEN: "THIS PRODUCT CONTAINS A CHEM-
ICAL KNOWN TO CAUSE CANCER";
(II) IF A PRODUCT CONTAINS A REPRODUCTIVE TOXICANT: "THIS PRODUCT
CONTAINS A CHEMICAL KNOWN TO CAUSE BIRTH DEFECTS OR OTHER REPRODUCTIVE
HARM"; OR
(III) IF A PRODUCT CONTAINS BOTH A CARCINOGEN AND A REPRODUCTIVE TOXI-
CANT: "THIS PRODUCT CONTAINS CHEMICALS KNOWN TO CAUSE CANCER AND BIRTH
DEFECTS OR OTHER REPRODUCTIVE HARM".
3. THE STATE DEPARTMENT OF HEALTH SHALL DETERMINE THE SIZE AND FONT OF
THE WARNING LABEL DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
4. MANUFACTURERS SHALL BE RESPONSIBLE FOR ENSURING THAT ALL HAIR
RELAXERS DISPLAY THE WARNING LABEL AS DETERMINED BY THE STATE DEPARTMENT
OF HEALTH PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
5. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE
COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE
COURT MAY IMPOSE A CIVIL PENALTY OF ONE HUNDRED DOLLARS PER UNIT FOR THE
FIRST OFFENSE, TWO HUNDRED FIFTY DOLLARS PER UNIT FOR THE SECOND OFFENSE
AND FIVE HUNDRED DOLLARS PER UNIT FOR EACH SUBSEQUENT OFFENSE. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
RULES.
§ 2. This act shall take effect eighteen months after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such date.