The New York State Senate

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

                                 6295--A
                                                        Cal. No. 528

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2019
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT, GOTTFRIED, D. ROSENTHAL, BLAKE,
  SIMON,  ROMEO,  ARROYO,  THIELE,  ABINANTI,  D'URSO,  LIFTON,  STIRPE,
  JAFFEE,  DICKENS, GRIFFIN, SOLAGES, DE LA ROSA, EPSTEIN, COLTON, HYND-
  MAN, CRUZ, JEAN-PIERRE, L. ROSENTHAL, PICHARDO, OTIS, ZEBROWSKI, HUNT-
  ER, GALEF, DINOWITZ, GLICK, WILLIAMS, STECK, WEPRIN, NIOU, MAGNARELLI,
  CARROLL, ORTIZ, STERN, REYES,  MOSLEY,  PERRY,  PAULIN,  FAHY,  ASHBY,
  LUPARDO, BARRON, JONES -- Multi-Sponsored by -- M. of A. COOK, SAYEGH,
  WRIGHT  --  read  once  and referred to the Committee on Environmental
  Conservation -- reported and referred to the  Committee  on  Codes  --
  reported  and  referred to the Committee on Ways and Means -- reported
  from committee, advanced to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

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. Section 35-0105 of the environmental  conservation  law  is
amended  by  adding  four  new  subdivisions  4,  5,  6 and 7 to read as
follows:
  4. NO HOUSEHOLD CLEANSING PRODUCT SHALL BE DISTRIBUTED, SOLD,  OFFERED
OR  EXPOSED FOR SALE IN THIS STATE WHICH CONTAINS 1,4-DIOXANE OTHER THAN
SUCH TRACE CONCENTRATIONS; SUCH TRACE CONCENTRATIONS  SHALL  NOT  EXCEED
TWO PARTS PER MILLION BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO;
AND  FURTHER,  SHALL NOT EXCEED 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD10243-06-9

A. 6295--A                          2

  6.  A MANUFACTURER OF A HOUSEHOLD CLEANSING PRODUCT, OTHERWISE SUBJECT
TO THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION,  MAY  APPLY  TO
THE  DEPARTMENT  FOR  A  ONE-YEAR  WAIVER  FROM  SUCH REQUIREMENTS FOR A
SPECIFIC HOUSEHOLD CLEANSING PRODUCT, UPON SUCH PROOF THAT THE  MANUFAC-
TURER  HAS  TAKEN  STEPS  TO  REDUCE THE PRESENCE OF 1,4-DIOXANE IN THAT
PRODUCT AND IS UNABLE TO COMPLY WITH  THE  REQUIREMENTS  OF  SUBDIVISION
FOUR  OF  THIS  SECTION.    THEREAFTER, A MANUFACTURER MAY APPLY FOR ONE
ADDITIONAL ONE-YEAR WAIVER FOR SUCH PRODUCT, UPON SUCH THE  SATISFACTION
OF SUCH SIMILAR PROOF.
  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. The environmental conservation law is amended  by  adding  a  new
section 37-0115 to read as follows:
§ 37-0115. 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
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 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

A. 6295--A                          3

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. 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 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 January 1, 2022. Effective immediate-
ly, 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 and completed on or before such effective date.