The New York State Senate

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

                                  4459

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2019
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  sale  of  cosmetics  or cleaning products containing
  1,4-Dioxane

  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:
§ 37-0115. PROHIBITION OF COSMETICS  AND  CLEANING  PRODUCTS  CONTAINING
             1,4-DIOXANE.
  1.  NO  PERSON  SHALL SELL OR OFFER FOR SALE ANY COSMETICS OR CLEANING
PRODUCTS CONTAINING 1,4-DIOXANE WITHIN NEW YORK STATE.
  2. A MANUFACTURER OF A PRODUCT PROHIBITED TO BE SOLD  OR  OFFERED  FOR
SALE PURSUANT TO THIS SECTION SHALL:
  A.  NOT  REPLACE  1,4-DIOXANE  WITH ANOTHER CHEMICAL COMPOUND THAT HAS
BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS  CLAS-
SIFIED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
MENTAL TOXIN, AN ENDOCRINE DISRUPTER OR A REPRODUCTIVE TOXIN;
  B. USE THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND  TO  REPLACE
1,4-DIOXANE;
  C.  PROVIDE,  TO THE DEPARTMENT PRIOR TO THE MANUFACTURE OF SUCH PROD-
UCT, INFORMATION ON SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND; AND
  D. NOT MANUFACTURE SUCH PRODUCT UNTIL THE DEPARTMENT SHALL HAVE CERTI-
FIED  SUCH  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND   TO   REPLACE
1,4-DIOXANE.
  3.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
SECTION.
  4. A. A MANUFACTURER OF A PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
SUBDIVISION ONE OF THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR A WAIV-

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

                                                           LBD03419-01-9

A. 4459                             2

ER  OF  THE  REQUIREMENTS  OF SUCH SUBDIVISION FOR A PERIOD OF ONE YEAR,
UPON PROOF THAT THERE ARE NO AVAILABLE ALTERNATIVES TO 1,4-DIOXANE IN  A
COSMETICS  OR  CLEANING  PRODUCT  THAT  IS  SUBJECT TO THE PROVISIONS OF
SUBDIVISION  ONE OF THIS SECTION. AFTER THE GRANTING OF SUCH A WAIVER TO
A MANUFACTURER, IT MAY THEREAFTER APPLY  FOR  ONE  ADDITIONAL  ONE  YEAR
WAIVER.  AN  APPLICATION  FOR A WAIVER SHALL INCLUDE, BUT IS NOT LIMITED
TO:
  (1)  AN  ALTERNATIVES  ASSESSMENT  DEMONSTRATING   THAT   REMOVAL   OF
1,4-DIOXANE FROM A GIVEN COSMETICS OR CLEANING PRODUCT IS NOT FINANCIAL-
LY OR TECHNICALLY FEASIBLE; AND
  (2)  A  QUANTITATIVE EXPOSURE ASSESSMENT DEMONSTRATING THAT USE OF THE
PRODUCT  IS  NOT  REASONABLY  ANTICIPATED  TO  RESULT  IN  EXPOSURE   TO
1,4-DIOXANE.
  B.  AN  ALTERNATIVES  ASSESSMENT  OR  QUANTITATIVE EXPOSURE ASSESSMENT
SUBMITTED UNDER THIS SUBDIVISION MUST BE CONDUCTED IN A MANNER  CONSIST-
ENT  WITH  ANY  GUIDANCE AND FRAMEWORKS FOR SUCH ASSESSMENTS PROVIDED BY
THE DEPARTMENT AND AS ESTABLISHED BY  THE  UNITED  STATES  ENVIRONMENTAL
PROTECTION AGENCY AND THE INTERSTATE CHEMICALS CLEARINGHOUSE.
  §  2. Section 37-0101 of the environmental conservation law is amended
by adding two new subdivisions 7 and 8 to read as follows:
  7. "COSMETICS" INCLUDE, BUT ARE NOT  LIMITED  TO,  MERCHANDISE,  OTHER
THAN  SOAP, THAT IS INTENDED TO BE RUBBED, POURED, SPRINKLED, OR SPRAYED
ONTO, INTRODUCED INTO, OR OTHERWISE APPLIED TO THE  HUMAN  BODY  OR  ANY
PART  THEREOF  FOR  CLEANSING, BEAUTIFYING, PROMOTING ATTRACTIVENESS, OR
ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART THEREOF.
  8. "CLEANING PRODUCTS" INCLUDE, BUT  ARE  NOT  LIMITED  TO,  HOUSEHOLD
CLEANSING PRODUCTS AS DEFINED IN SECTION 35-0103 OF THIS CHAPTER, DISIN-
FECTANTS,  CLEANING  AGENTS, ANTIBACTERIAL SOAPS, HAND SOAPS, BAR SOAPS,
LIQUID SOAPS, BABY SOAPS, HAND SANITIZERS, SKIN  PURIFYING  WIPES,  BODY
WASHES, FACIAL AND BODY CLEANSERS, SHAMPOOS, AND CONDITIONERS.
  §  3. Section 71-3703 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
  4. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF OR  WHO  FAILS  TO
PERFORM  ANY DUTY IMPOSED BY 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 ADDITION THERETO, SUCH  PERSON  MAY  BE
ENJOINED  FROM CONTINUING SUCH VIOLATION. SUCH PERSON 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.
  § 4. This act shall take effect December 31, 2020.