S T A T E O F N E W Y O R K
________________________________________________________________________
8529
2019-2020 Regular Sessions
I N A S S E M B L Y
August 7, 2019
___________
Introduced by M. of A. FERNANDEZ -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the regulation of
ingredients in feminine hygiene products
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 section
267-a to read as follows:
§ 267-A. FEMININE HYGIENE PRODUCT SAFETY. 1. FOR PURPOSES OF THIS
SECTION,
A. "FEMININE HYGIENE PRODUCTS" MEANS TAMPONS, PADS, LINERS, CUPS,
SPONGES, DOUCHES, WIPES, SPRAYS, AND SIMILAR PRODUCTS USED IN CONJUNC-
TION WITH RESPECT TO MENSTRUATION OR OTHER GENITAL-TRACT SECRETIONS.
B. "RESTRICTED SUBSTANCE" SHALL MEAN AN UNSAFE CHEMICAL FOR INCLUSION
IN FEMININE HYGIENE PRODUCTS AS DETERMINED BY THE COMMISSIONER, WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO, LEAD, MERCURY AND RELATED
COMPOUNDS, FORMALDEHYDE, TRICLOSAN, TOLUENE, TALC, PER- AND POLYFLUORO-
ALKYL SUBSTANCES, DIBUTYL PHTHALATE, DI(2)EXYLHEXYL PHTHALATE, AND
ISOBUTYL-, ISOPROPYL-, BUTYL-, AND PROPYLPARABEN.
2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, MANUFACTUR-
ERS OF FEMININE HYGIENE PRODUCTS DISTRIBUTED, SOLD OR OFFERED FOR SALE
IN THIS STATE, WHETHER AT RETAIL OR WHOLESALE, FOR PERSONAL, PROFES-
SIONAL OR COMMERCIAL USE, OR DISTRIBUTED FOR PROMOTIONAL PURPOSES, SHALL
NOT DISTRIBUTE FEMININE HYGIENE PRODUCTS CONTAINING A RESTRICTED
SUBSTANCE OR USING SUCH RESTRICTED SUBSTANCE AS A FRAGRANCE, COLORANT,
DYE, PRESERVATIVE OR OTHER INTENTIONALLY ADDED INGREDIENT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13509-02-9