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
                                ___________
 
 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.