S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8564--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the public health law, in relation to the creation of a
   research program to  determine  the  risks  posed  from  chemicals  in
   personal care products or feminine hygiene products; and providing for
   the repeal of such provisions upon expiration thereof
 
   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
 804 to read as follows:
   §  804. PERSONAL CARE PRODUCTS SAFETY AND RESEARCH. 1. FOR PURPOSES OF
 THIS SECTION, THE TERM:
   (A) "PERSONAL CARE PRODUCT" SHALL MEAN ARTICLES INTENDED TO BE RUBBED,
 POURED, SPRINKLED, OR SPRAYED ON, INTRODUCED INTO, OR OTHERWISE  APPLIED
 TO  THE  HUMAN  BODY  OR  ANY  PART  THEREOF FOR CLEANSING, BEAUTIFYING,
 PROMOTING ATTRACTIVENESS,  OR  ALTERING  THE  APPEARANCE,  AND  ARTICLES
 INTENDED  FOR  USE AS A COMPONENT OF ANY SUCH ARTICLES; EXCEPT THAT SUCH
 TERM SHALL NOT INCLUDE SOAP.
   (B) "CHEMICAL OF CONCERN" SHALL MEAN A CHEMICAL APPEARING  ON  ANY  OF
 THE LISTS INCLUDED IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVI-
 SION OF MATERIALS MANAGEMENT PROGRAM POLICY ON HOUSEHOLD CLEANSING PROD-
 UCT  INFORMATION  DISCLOSURE PUBLISHED ON JUNE SIXTH, TWO THOUSAND EIGH-
 TEEN PURSUANT TO ARTICLE THIRTY-FIVE OF THIS CHAPTER AND  6  NYCRR  PART
 659, OR AS DESIGNATED BY THE COMMISSIONER.
   (C)  "RESTRICTED  SUBSTANCE"  SHALL MEAN A SUBSTANCE DETERMINED BY THE
 COMMISSIONER, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, LEAD,  MERCURY
 AND  RELATED COMPOUNDS, FORMALDEHYDE, TRICLOSAN, TOLUENE, PER- AND POLY-
 FLUOROALKYL SUBSTANCES, DIBUTYL PHTHALATE, DI(2)EXYLHEXYL PHTHALATE, AND
 ISOBUTYL-, ISOPROPYL-, BUTYL-, AND PROPYLPARABEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13666-04-9
              

 A. 8564--A                          2
 
   (D) "FEMININE HYGIENE PRODUCTS" SHALL MEAN PADS, LINERS, CUPS,  SPONG-
 ES,  DOUCHES,  WIPES,  SPRAYS,  AND SIMILAR PRODUCTS USED IN CONJUNCTION
 WITH RESPECT TO MENSTRUATION OR OTHER GENITAL TRACT SECRETIONS.
   2.  THE  COMMISSIONER  SHALL  PROVIDE  FOR  THE  CONDUCT OR SUPPORT OF
 RESEARCH BY  THE  DEPARTMENT  TO  DETERMINE  THE  EXTENT  TO  WHICH  THE
 PROLONGED EXPOSURE TO ANY CHEMICAL OF CONCERN OR RESTRICTED SUBSTANCE IN
 PERSONAL  CARE  PRODUCTS OR FEMININE HYGIENE PRODUCTS POSES ANY RISKS TO
 THE HEALTH OF INDIVIDUALS WHO USE THE PRODUCTS.  SUCH  RESEARCH  PROJECT
 SHALL  BE  COMPLETED  WITHIN  TWO  YEARS  OF  THE EFFECTIVE DATE OF THIS
 SECTION. SUCH RESEARCH SHALL ALSO EXAMINE ANY LONG-TERM  HEALTH  EFFECTS
 OF USING PERSONAL CARE PRODUCTS OR FEMININE HYGIENE PRODUCTS THAT DO NOT
 CONTAIN A RESTRICTED SUBSTANCE OR CHEMICAL OF CONCERN.
   3.  WITHIN  ONE  YEAR  OF THE COMPLETION OF SUCH RESEARCH, ANY CONCLU-
 SIONS, RECOMMENDATIONS AND PROPOSALS FOR IMPLEMENTING  SUCH  RECOMMENDA-
 TIONS  SHALL  BE TRANSMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE  HEALTH
 COMMITTEE,  AND  THE  CHAIR  OF THE ASSEMBLY HEALTH COMMITTEE, AND SHALL
 ALSO BE MADE AVAILABLE TO THE PUBLIC.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and  shall expire and be deemed repealed two years
 after such date.