NY State Senate Bill 2019-S1547

Senate Bill S1547

2019-2020 Legislative Session

Prohibits the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 15, 2019	referred to environmental conservation

co-Sponsors

2019-S1547 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, amd §§37-0101 & 71-3703, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6070
2017-2018: S5053
2021-2022: S5122
2023-2024: S5663

2019-S1547 (ACTIVE) - Summary

Prohibits the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds.

2019-S1547 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1547

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale of cleaning products containing triclosan, triclo-
carban or derivatives of such antibacterial compounds

 
PURPOSE:

The bill would prohibit the sale of cleaning products containing triclo-
san, triclocarban or derivatives of such antibacterial compounds.

 
SUMMARY OF PROVISIONS:

Amends the environmental conservation law by adding a new section
37-0115, which would prohibit any person, firm, partnership, associ-
ation, limited liability company or corporation from selling or offering
for sale any cleaning products containing triclosan, triclocarban, or
derivatives of such antibacterial compounds, within New York State. This

section shall not prohibit the sale of such products that are used sole-
ly in medical facilities. The bill would also authorize the Department
of Environmental Conservation (DEC) to promulgate rules and regulations
in order to implement these provisions. The bill also contains civil
penalties for violation of its provisions.

 
JUSTIFICATION:

Triclosan is a phenylether or chlorinated bisphenol, which has been used
as a synthetic broad-spectrum antimicrobial agent since the early 1970s.
Triclosan can be found in an array of consumer products, such as anti-
bacterial soaps, dishwashing products, shampoos, conditioners, laundry
detergents and softeners. The U.S. Food and Drug Administration has
found no evidence that triclosan in antibacterial soaps are more effec-
tive against germs than regular soap and water.

Several studies have found large amounts of triclosan in surface waters,
soil, sediments, and algae. In 2013, a University of Minnesota study
found increasing amounts of triclosan in Minnesota's freshwater lakes.
The study also found several chlorinated triclosan derivatives, which
form when triclosan is exposed to chlorine during the wastewater disin-
fection process. Studies have also found evidence of triclosan in New
York State waterways.

A United States Geologic Survey (USGS) study found triclosan to be one
of the most frequently detected compounds in wastewater contaminants.
Over 95 percent of the uses of triclosan are in consumer products that
are disposed of down residential drains. Since wastewater treatment
plants are unable to completely remove triclosan from the water and the
compound is highly stable for long periods of time, an increasing amount
of triclosan is emitted into waterways. Triclosan has also been found to
be toxic to aquatic life and algae.

Given the potential environmental impacts associated with triclosan, it
is imperative that the state take appropriate measures to protect the
environment from further exposure to this chemical.

 
LEGISLATIVE HISTORY:
2014: A8697b
2015-16: S.6070 Referred to Environmental Conservation
2017-18: S.5053

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect one year and six months after it shall have
become a law.

2019-S1547 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1547
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sens. KENNEDY, BROOKS -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting  the  sale  of  cleaning  products  containing  triclosan,
   triclocarban or derivatives of such antibacterial compounds
 
   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 TRICLOSAN, TRICLOCARBAN OR DERIVATIVES OF SUCH
              ANTIBACTERIAL COMPOUNDS.
   1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY  OR  CORPORATION  SHALL  SELL OR OFFER FOR SALE ANY CLEANING PRODUCTS
 CONTAINING TRICLOSAN, TRICLOCARBAN, OR DERIVATIVES OF SUCH ANTIBACTERIAL
 COMPOUNDS, WITHIN NEW YORK STATE, PROVIDED, HOWEVER, THAT  THIS  SECTION
 SHALL  NOT  PROHIBIT  THE SALE OF PRODUCTS CONTAINING SUCH ANTIBACTERIAL
 COMPOUNDS THAT ARE USED SOLELY IN MEDICAL FACILITIES.
   2. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  SUCH  RULES  AND  REGU-
 LATIONS  AS  IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   § 2. Section 37-0101 of the environmental conservation law is  amended
 by adding a new subdivision 7 to read as follows:
   7.  "CLEANING  PRODUCTS"  MEANS,  BUT  ARE NOT LIMITED TO, DISHWASHING
 LIQUIDS, LAUNDRY DETERGENTS, FABRIC SOFTENERS,  DISINFECTANTS,  SPONGES,
 MOP  HEADS,  BROOMS, GARBAGE BAGS, CLEANING AGENTS, ANTIBACTERIAL SOAPS,
 HAND SOAPS, BAR SOAPS, LIQUID SOAPS,  HAND  SANITIZERS,  SKIN  PURIFYING
 WIPES,  BODY WASHES, FACIAL AND BODY CLEANSERS, SHAMPOOS, AND CONDITION-
 ERS.
   § 3. Section 71-3703 of the environmental conservation law is  amended
 by adding a new subdivision 4 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03660-01-9

 S. 1547                             2
 
   4.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
 COMPANY, OR CORPORATION WHO VIOLATES ANY OF THE  PROVISIONS  OF  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,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY, OR
 CORPORATION MAY BE  ENJOINED  FROM  CONTINUING  SUCH  VIOLATION.    SUCH
 PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY, OR
 CORPORATION 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 one year and six months after it shall
 have become a law. Effective immediately the addition and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized and directed to be made and  completed
 on or before one year after this act shall have become a law.

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Senate Bill S1547

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Sponsored By

Timothy M. Kennedy