NY State Senate Bill S4389B

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 09, 2019	approval memo.34 signed chap.613 delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading cal.528 substituted for a6295a
Jun 19, 2019	referred to ways and means
Jun 18, 2019	delivered to assembly passed senate ordered to third reading cal.1548 committee discharged and committed to rules
Jun 14, 2019	print number 4389b
Jun 14, 2019	amend and recommit to environmental conservation
Jun 10, 2019	print number 4389a
Jun 10, 2019	amend (t) and recommit to environmental conservation
Mar 11, 2019	referred to environmental conservation

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

view additional co-sponsors

S4389 - Details

See Assembly Version of this Bill:: A6295
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§35-0105 & 71-3703, add §37-0115, En Con L

S4389 - Summary

Prohibits household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane.

S4389 - Sponsor Memo

 
BILL NUMBER: S4389

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting household cleansing products and personal
cosmetic products that contain 1,4-dioxane

 
PURPOSE OR GENERAL IDEA OF BILL:

To help prevent water contamination from 1,4 Dioxane.

 
SUMMARY: OF PROVISIONS:

This bill would amend § 35-0105 of the Environmental Conservation Law to
prohibit the sale of household cleansing products containing
1,4-dioxane, add a new . 37-0115 to the Environmental Conservation Law
prohibiting the sale of personal cosmetic products containing
1,4-Dixoane, and amend § 71-3703 of the Environmental Conservation Law
to authorize civil penalties for violations.

JUSTIFICATION:

The Environmental Protection Agency (EPA) identifies 1,4-Dioxane as a
"likely carcinogen to humans." While health risks associated with
1,4-Dioxane are well documented, it is still found in many consumer
products where it is typically formed as a contaminant during the manu-
facturing process of cosmetics, detergents, deodorants, and shampoos.
Once used by consumers and washed down the drain, it enters local water
systems. Elevated levels of 1,4-Dioxane have been found in munici-
palities across the State, with EPA data showing that Long Island has
the highest levels detected in the entire country. On Long Island, 33 of
36 public water systems reported 1,4-Dioxane contamination, and one
source in Hicksville reported levels as high as 33 micrograms per liter.

Other state have already taken action on 1,4-Dioxane, with Oregon list-
ing 1,4-Dioxane as a high priority chemical of concern under its Toxic
Free Kids Act, which when fully implemented will require companies to
remove the chemical from products or seek a waiver.  California's Propo-
sition 65 list also includes 1,4-Dioxane, requiring clear and reasonable
warning if resulting exposure would exceed 30 micrograms per day.

This bill will reduce the amount of 1,4-Dioxane entering New York's
drinking water by prohibiting its presence, in other than trace amounts,
in cleansing and cosmetic products where it appears most often. Manufac-
turers of personal cosmetic products may apply to the Department for a
one-year waiver of the requirement upon proof that there are no avail-
able alternatives. To ensure compliance with these requirements, this
bill would also allow civil penalties of up to one thousand dollars for
each day of violation of section 37-01 15, up to two thousand five
hundred dollars each day for a second violation.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2021

S4389 - Bill Text download pdf


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

                                  4389

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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   household   cleansing  products  and  personal  cosmetic
  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 a new subdivision 4 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 AS MAY BE AUTHORIZED BY THE  COMMISSIONER,  IN
CONSULTATION WITH THE DEPARTMENT OF HEALTH, BY REGULATIONS.
  §  2.  The  environmental  conservation law is amended by adding a new
section 37-0115 to read as follows:
§ 37-0115. PROHIBITION  OF   PERSONAL   COSMETIC   PRODUCTS   CONTAINING
             1,4-DIOXANE.
  1.  THE  TERM  "PERSONAL  COSMETIC PRODUCT" SHALL MEAN ANY ARTICLE (A)
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 (B) INTENDED FOR USE AS A COMPONENT OF ANY SUCH ARTICLE.
THE  TERM  "PERSONAL COSMETIC PRODUCT" 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 SIX THOUSAND EIGHT HUNDRED TEN OF THE EDUCATION LAW.
  2. NO PERSON SHALL SELL OR OFFER FOR SALE ANY PERSONAL COSMETIC  PROD-
UCT  CONTAINING 1,4-DIOXANE, OTHER THAN SUCH TRACE CONCENTRATIONS AS MAY
BE AUTHORIZED BY THE COMMISSIONER, IN CONSULTATION WITH  THE  DEPARTMENT
OF HEALTH, BY REGULATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10243-02-9

S. 4389                             2

  3.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
SECTION.
  4.  A  MANUFACTURER  OF A PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR A WAIVER OF  THE  REQUIRE-
MENTS  FOR  A PERIOD OF ONE YEAR, UPON PROOF THAT THERE ARE NO AVAILABLE
ALTERNATIVES TO 1,4-DIOXANE IN  A  PERSONAL  COSMETIC  PRODUCT  THAT  IS
SUBJECT  TO THE PROVISIONS OF THIS SECTION. AFTER THE GRANTING OF SUCH A
WAIVER TO A MANUFACTURER, IT MAY THEREAFTER APPLY FOR ONE ADDITIONAL ONE
YEAR WAIVER.
  § 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 December 31, 2021.

Co-Sponsors

view additional co-sponsors

S4389A - Details

See Assembly Version of this Bill:: A6295
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§35-0105 & 71-3703, add §37-0115, En Con L

S4389A - Summary

Prohibits household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane.

S4389A - Sponsor Memo

 
BILL NUMBER: S4389A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To help prevent water contamination from 1,4 Dioxane.

 
SUMMARY OF PROVISIONS:

This bill would amend § 35-0105 of the Environmental Conservation Law to
prohibit the sale of household cleansing products containing
1,4-dioxane, add a new 37-0115 to the Environmental Conservation Law
limiting the sale of cosmetic products and personal care products with
certain levels of 1,4 Dioxane, and amend § 71-3703 of the Environmental
Conservation Law to authorize civil penalties for violations.

JUSTIFICATION:

The Environmental Protection Agency (EPA) identifies 1,4-Dioxane as a
"likely carcinogen to humans." While health risks associated with
1,4-Dioxane are well documented, it is still found in many consumer
products where it is typically formed as a contaminant during the manu-
facturing process of cosmetics, detergents, deodorants, and shampoos.
Once used by consumers and washed down the drain, it enters local water
systems. Elevated levels of 1,4Dioxane have been found in municipalities
across the State, with EPA data showing that Long Island has the highest
levels detected in the entire country.  On Long Island, 33 of 36 public
water systems reported 1,4-Dioxane contamination, and one source in
Hicksville reported levels as high as 33 micrograms per liter.

Other state have already taken action on 1,4-Dioxane, with Oregon list-
ing 1,4-Dioxane as a high priority chemical of concern under its Toxic
Free Kids Act, which when fully implemented will require companies to
remove the chemical from products or seek a waiver.  California's Propo-
sition 65 list also includes 1,4-Dioxane, requiring clear and reasonable
warning if resulting exposure would exceed 30 micrograms per day.

This bill will reduce the amount of 1,4-Dioxane entering New York's
drinking water by prohibiting its presence, in other than trace amounts,
in cleansing and cosmetic products where it appears most often. Manufac-
turers of personal cosmetic products may apply to the Department for a
one-year waiver of the requirement upon proof that there are no avail-
able alternatives. To ensure compliance with these requirements, this
bill would also allow civil penalties of up to one thousand dollars for
each day of violation of section 37-01 15, up to two thousand five
hundred dollars each day for a second violation.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2022

S4389A - Bill Text download pdf


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

                                 4389--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

Introduced   by   Sens.   KAMINSKY,  BOYLE,  BROOKS,  COMRIE,  GAUGHRAN,
  GOUNARDES, HOYLMAN, KAPLAN, KRUEGER, LAVALLE, LIU,  SALAZAR,  SERRANO,
  SKOUFIS,  STAVISKY -- read twice and ordered printed, and when printed
  to be committed to the  Committee  on  Environmental  Conservation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 three new subdivisions 4, 5 and 6 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. 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.
  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.
  §  2.  The  environmental  conservation law is amended by adding a new
section 37-0115 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10243-03-9

S. 4389--A                          2

§ 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 SIX
THOUSAND 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  SIX  THOUSAND  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.
  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 TO 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.  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.
  6. 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. 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 December 31, 2022.

Co-Sponsors

view additional co-sponsors

S4389B (ACTIVE) - Details

See Assembly Version of this Bill:: A6295
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§35-0105 & 71-3703, add §37-0115, En Con L

S4389B (ACTIVE) - Summary

Prohibits household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane.

S4389B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4389B              REVISED 06/16/19

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To help prevent water contamination from 1,4 Dioxane.

 
SUMMARY OF PROVISIONS:

This bill would amend § 35-0105 of the Environmental Conservation Law to
prohibit the sale of household cleansing products containing
1,4-dioxane, add a new 37-0115 to the Environmental Conservation Law
limiting the sale of cosmetic products and personal care products with
certain levels of 1,4 Dioxane, and amend § 71-3703 of the Environmental
Conservation Law to authorize civil penalties for violations.

JUSTIFICATION:

The Environmental Protection Agency (EPA) identifies 1,4-Dioxane as a
"likely carcinogen to humans. "While health risks associated with
1,4-Dioxane are well documented, it is still found in many consumer
products where it is typically formed as a contaminant during the manu-
facturing process of cosmetics, detergents, deodorants, and shampoos.

Once used by consumers and washed down the drain, it enters local water
systems. Elevated levels of 1,4Dioxane have been found in municipalities
across the State, with EPA data showing that Long Island has the highest
levels detected in the entire country. On Long Island, 33 of 36 public
water systems reported 1,4-Dioxane contamination, and one source in
Hicksville reported levels as high as 33 micrograms per liter.

Other state have already taken action on 1,4-Dioxane, with Oregon list-
ing 1,4-Dioxane as a high priority chemical of concern under its Toxic
Free Kids Act, which when fully implemented will require companies to
remove the chemical from products or seek a waiver.  California's Propo-
sition 65 list also includes 1,4-Dioxane, requiring clear and reasonable
warning if resulting exposure would exceed 30 micrograms per day. This
bill will reduce the amount of 1,4-Dioxane entering New York's drinking
water by prohibiting its presence, in other than trace amounts, in
cleansing and cosmetic products where it appears most often.

This proposal includes provisions to allow manufacturers time to develop
methods for removing 1,4 Dioxane from their products. It is imperative
that manufacturers have an appropriate amount of time to implement these
requirements. If a manufacturer is unable to meet the trace allowance
threshold, they may obtain a one-year waiver from such requirements, if
they can show they have implemented measures to reduce 1,4 Dioxane from
a product. Thereafter, manufacturers may obtain an additional one-year
waiver for the same product.

To ensure compliance with these requirements, this bill would also allow
civil penalties of up to one thousand dollars for each day of violation
of section 37-01 15, up to two thousand five hundred dollars each day
for a second violation.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2022

S4389B (ACTIVE) - Bill Text download pdf


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

                                 4389--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

Introduced by Sens. KAMINSKY, BOYLE, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
  GOUNARDES,  HARCKHAM, HOYLMAN, KAPLAN, KRUEGER, LAVALLE, LIU, SALAZAR,
  SERRANO, SKOUFIS, STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD10243-05-9

S. 4389--B                          2

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
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

S. 4389--B                          3

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.

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The New York State Senate

senate Bill S4389B

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Archive: Last Bill Status - Signed by Governor

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Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Bill Amendments

Co-Sponsors

S4389 - Details

S4389 - Summary

S4389 - Sponsor Memo

S4389 - Bill Text download pdf

Co-Sponsors

S4389A - Details

S4389A - Summary

S4389A - Sponsor Memo

S4389A - Bill Text download pdf

Co-Sponsors

S4389B (ACTIVE) - Details

S4389B (ACTIVE) - Summary

S4389B (ACTIVE) - Sponsor Memo

S4389B (ACTIVE) - Bill Text download pdf

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senate Bill S4389B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Bill Amendments

Co-Sponsors

S4389 - Details

S4389 - Summary

S4389 - Sponsor Memo

S4389 - Bill Text download pdf

Co-Sponsors

S4389A - Details

S4389A - Summary

S4389A - Sponsor Memo

S4389A - Bill Text download pdf

Co-Sponsors

S4389B (ACTIVE) - Details

S4389B (ACTIVE) - Summary

S4389B (ACTIVE) - Sponsor Memo

S4389B (ACTIVE) - Bill Text download pdf

Comments