S T A T E O F N E W Y O R K
________________________________________________________________________
6940
I N S E N A T E
January 6, 2020
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
prohibiting household cleansing products, cosmetic products and
personal care products that contain 1,4-dioxane
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 35-0105 of the environmental
conservation law, as added by a chapter of the laws of 2019 amending the
environmental conservation law relating to prohibiting household cleans-
ing products, cosmetic products and personal care products that contain
1,4-dioxane, as proposed in legislative bills numbers S. 4389-B and A.
6295-A, is amended to read as follows:
7. The department is authorized to promulgate such rules and regu-
lations as it shall deem necessary to implement the provisions of this
section, including rules and regulations with respect to any allowable
trace concentrations[, consistent with the requirements of this
section].
§ 2. Section 37-0115 of the environmental conservation law, as added
by a chapter of the laws of 2019 amending the environmental conservation
law relating to prohibiting household cleansing products, cosmetic
products and personal care products that contain 1,4-dioxane, as
proposed in legislative bills numbers S. 4389-B and A. 6295-A, is
amended to read as follows:
§ [37-0115] 37-0117. Prohibition of cosmetic products and personal care
products containing 1,4-dioxane.
1. The term "cosmetic product" shall mean any article (a) intended to
be rubbed, sprinkled, or sprayed on, introduced into, or otherwise
applied to the human body or any part thereof for beautifying, promoting
attractiveness, or altering the appearance, and (b) intended for use as
a component of any such article. The term "cosmetic product" shall not
include any personal care product as defined in this section for which a
prescription is required for distribution or dispensation as provided in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10243-07-0
S. 6940 2
section two hundred eighty-one of the public health law or section
sixty-eight hundred ten of the education law.
2. The term "personal care product" shall mean any product intended
for cleaning or cleansing any part of the body, such as the skin and
hair, and including but not limited to, hair shampoo, hair conditioner,
soap, bath gels and other bath products. The term "personal care prod-
uct" shall not include any product for which a prescription is required
for distribution or dispensation as provided in section two hundred
eighty-one of the public health law or section sixty-eight hundred ten
of the education law.
3. No person shall sell or offer for sale any cosmetic product
containing 1,4-dioxane, other than such trace concentrations, [not to
exceed] THAT EXCEEDS ten parts per million by December thirty-first, two
thousand twenty-two.
4. No person shall sell or offer for sale any personal care product
containing 1,4-dioxane, other than such trace concentrations, as author-
ized by the commissioner, in consultation with the department of health,
by regulation; and further, such trace concentrations for personal care
products shall not exceed two parts per million by December thirty-
first, two thousand twenty-two and one part per million by December
thirty-first, two thousand twenty-three.
5. No later then May first, two thousand twenty-five, and every two
years thereafter, the department, in consultation with the department of
health, shall review such trace concentration thresholds and determine
whether such concentrations shall be lowered to better protect human
health and the environment.
6. The department is authorized to promulgate such rules and regu-
lations as it shall deem necessary to implement the provisions of this
section, including rules and regulations with respect to any allowable
trace concentrations[, consistent with the requirements of this
section].
7. A manufacturer of a cosmetic product or personal care product,
otherwise subject to the requirements of this section, may apply to the
department for a one-year waiver from such requirements for a specific
cosmetic product or personal care product, and upon such proof that the
manufacturer has taken steps to reduce the presence of 1,4-dioxane in
that product and is unable to comply with the requirements of this
section. Thereafter, a manufacturer may apply for one additional one-
year waiver for such product, upon its satisfaction of such similar
proof.
§ 3. Subdivision 4 of section 71-3703 of the environmental conserva-
tion law, as added by a chapter of the laws of 2019 amending the envi-
ronmental conservation law relating to prohibiting household cleansing
products, cosmetic products and personal care products that contain
1,4-dioxane, as proposed in legislative bills numbers S. 4389-B and A.
6295-A, is amended 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] 37-0117 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.
S. 6940 3
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2019 amending the environmental
conservation law relating to prohibiting household cleansing products,
cosmetic products and personal care products that contain 1,4-dioxane,
as proposed in legislative bills numbers S. 4389-B and A. 6295-A, takes
effect.
