The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8630
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by  M.  of A. REYES, DE LA ROSA -- read once and referred to
   the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  cosmetic products and personal care products that contain
   mercury
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and intent. The legislature finds that
 mercury  salts  stop  the production of melanin, which is a pigment that
 makes skin darker and is an active ingredient in skin lightening cosmet-
 ics and products. The Minamata Convention on mercury establishes a limit
 of 1 mg/kg (1ppm)  for  skin  lightening  products,  but  many  cosmetic
 products  have  higher levels to increase lightening effect. Advertisers
 and marketers promote and reinforce lighter skin tones as a more desira-
 ble beauty standard than darker skin tones. Images of  individuals  with
 lighter  and/or  'Caucasian' skin tones saturate the media as acceptable
 while many darker skin and/or people of color individuals  are  demeaned
 and  diminished,  often  called derogatory names and slurs. These images
 reinforce to individuals that lighter skin tones are not only more beau-
 tiful but also acceptable.  Skin  lightening  products  prey  off  these
 images  to  promote  and increase sales. With widespread sales, the skin
 lightening industry has become one of the fastest growing beauty  indus-
 tries  worldwide  with an estimated increasing worth of $31.2 billion by
 2024. There is growing legislation to prohibit the sale and  manufacture
 of  mercury  containing  products.  Even with growing prohibitions, skin
 lightening products containing mercury is  still  widely  available  and
 easily  obtainable,  particularly  through  Internet  sales  and  online
 promotions, often  being  sold  through  mobile  apps.  Skin  lightening
 products  containing mercury are available for sale through social media
 sites, online and brick and mortar stores. These products  are  manufac-
 tured  abroad and often sold illegally and in high amounts in the United
 States in small shops and informal markets that  target  Latino,  Asian,
 African,  Indian,  and  Middle  Eastern  communities.  Consumers  may be
 unaware of the harmful effects of mercury in skin lightening products. A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14088-01-1
 A. 8630                             2
 
 case reported in the Center for Disease  Control  and  Prevention  (CDC)
 journal  of  MORBIDITY  AND  MORTALITY WEEKLY REPORT (December 20, 2019)
 narrated the experiences of a 47-year-old Mexican woman who consistently
 applied a skin-lightening cream to her face twice daily for seven years.
 Over  the  years,  the  woman  began to experience weakness in her arms,
 blurred vision, slurred speech, and difficulty  walking.  Testing  found
 high levels of mercury in both her blood and urine. Purchased from Mexi-
 co,  the  skin  lightening  cream  contained 12,000 ppm of mercury. Even
 chelation therapy did not reverse her symptoms and the high  levels  and
 accumulation  of  mercury  left  her unable to talk or even take care of
 herself leaving her reliant on a feeding tube. Her  case  is  the  first
 known case of contamination of skin lightening cream with methyl mercury
 (or any congener, including methylmercury iodide). High levels of mercu-
 ry  can  be  absorbed in the skin and cause skin rashes, skin discolora-
 tions, kidney damage, psychosis, and peripheral neuropathy  among  other
 adverse effects. Mercury exposure is not just a problem for users of the
 product.    Inhaling  vapors  from  mercury products is also a source of
 exposure.  Additionally, once users rinse the product from  their  skin,
 it becomes wastewater and enters into the environment becoming methylat-
 ed  potentially  contaminating  food and water. Prohibiting the manufac-
 ture, sale, import and export of mercury in skin lightening products can
 prevent users from suffering harmful effects in an attempt to achieve an
 unattainable and imposed beauty standard.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 37-0118 to read as follows:
 §  37-0118.  PROHIBITION OF COSMETIC PRODUCTS AND PERSONAL CARE PRODUCTS
              CONTAINING MERCURY.
   1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "COSMETIC PRODUCT" MEANS 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  ATTRAC-
 TIVENESS,  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 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.
   (B)  "INTERNET  SALES"  SHALL  MEAN  ANY  ORDER  OR  SALES PLACED BY A
 PURCHASER THROUGH A WEBSITE,  SOFTWARE  APPLICATION,  SOCIAL  MEDIA,  OR
 OTHER METHOD USING THE INTERNET, COMPUTER OR MOBILE DEVICE THAT DOES NOT
 BELONG TO THE SELLER. THE TERM DOES NOT INCLUDE AN ORDER PLACED BY TELE-
 PHONE CALL, REGARDLESS OF WHETHER THE CALL IS COMPLETED USING VOICE OVER
 INTERNET PROTOCOL.
   (C)  "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNER-
 SHIP,  LIMITED  LIABILITY  COMPANY,  OR  CORPORATION   WHICH   PRODUCES,
 PREPARES,  FORMULATES,  OR  COMPOUNDS  A PERSONAL CARE PRODUCT, OR WHOSE
 BRAND NAME IS AFFIXED TO SUCH PRODUCT. IN THE CASE OF  A  PERSONAL  CARE
 PRODUCT  IMPORTED  INTO THE UNITED STATES, "MANUFACTURER" SHALL MEAN THE
 IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT IF THE ENTITY THAT
 MANUFACTURES THE PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO  THE  PRODUCT
 DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   (D) "MERCURY" SHALL MEAN ELEMENTAL MERCURY HG, MERCURIC IODIDE, MERCU-
 RY  OXIDE,  MERCUROUS  CHLORIDE,  ETHYL  MERCURY, PHENYL MERCURIC SALTS,
 AMMONIATED MERCURY, AMIDE CHLORIDE OF MERCURY, MERCURY SULFIDE OR CINNA-
 BARIS, MERCURY IODIDE OR MERCURY POISON.
 A. 8630                             3
 
   (E) "SKIN-LIGHTENING PRODUCT" SHALL MEAN ANY PRODUCT  INTENDED  TO  BE
 PLACED ON THE SKIN RESULTING IN A LIGHTENING EFFECT.
   2.  NO  PERSON  SHALL DISTRIBUTE OR SELL ANY COSMETICS, TOILETRIES, OR
 FRAGRANCES CONTAINING MERCURY IN STORES OR THROUGH INTERNET SALES.  SKIN
 LIGHTENING  PRODUCTS  CONTAINING HYDROQUINONE SHALL BE PROHIBITED UNLESS
 PRESCRIBED BY A LICENSED DERMATOLOGIST. ANY PERSON WHO SELLS OR DISTRIB-
 UTES COSMETICS, TOILETRIES, OR FRAGRANCES  CONTAINING  MERCURY  IN  THIS
 STATE  SHALL  BE  SUBJECT  TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND
 DOLLARS FOR EACH DAY OF THE FIRST VIOLATION, AND  IN  ADDITION  THERETO,
 SUCH  PERSON  MAY  BE ENJOINED FROM CONTINUING SUCH VIOLATION.  A PERSON
 SHALL BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL  PENALTY  NOT  TO
 EXCEED  TWO  THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  EACH DAY OF A SECOND
 VIOLATION, AND IN ADDITION THERETO, SUCH PERSON  MAY  BE  ENJOINED  FROM
 CONTINUING SUCH VIOLATION.
   3.  ANY  PERSON  IN THIS STATE MANUFACTURING COSMETICS, TOILETRIES, OR
 FRAGRANCES CONTAINING MERCURY SHALL CLEARLY AND  CONSPICUOUSLY  DISCLOSE
 THE  LEVEL  OF  MERCURY  IN  THE  PRODUCT.  DISCLOSURE SHALL BE PUBLICLY
 DISPLAYED ON A PRODUCT LABEL, THE  MANUFACTURER'S  WEBSITE,  ANY  ONLINE
 SITE  WHO OFFERS FOR RETAIL SUCH PRODUCT, AND ANY CIRCULAR OR ADVERTISE-
 MENT DISTRIBUTED TO A CONSUMER. A MANUFACTURER WHO FAILS TO DISCLOSE THE
 LEVEL OF MERCURY IN ITS COSMETICS, TOILETRIES, OR FRAGRANCES  IS  LIABLE
 FOR NEGLIGENCE. THE COURTS MAY ISSUE A PERMANENT INJUNCTION AND FINE FOR
 ANY MANUFACTURER WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION.
   4.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
 SECTION.
   § 3. This act shall take effect immediately.