Senate Bill S8291

2021-2022 Legislative Session

Prohibits cosmetic products and personal care products that contain mercury

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8630 - Passed Senate


  • 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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Votes

Bill Amendments

co-Sponsors

2021-S8291 - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §37-0117, En Con L

2021-S8291 - Summary

Prohibits cosmetic products and personal care products that contain mercury.

2021-S8291 - Sponsor Memo

2021-S8291 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8291
 
                             I N  S E N A T E
 
                             February 9, 2022
                                ___________
 
 Introduced  by  Sen.  BROUK  -- 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  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.
              

co-Sponsors

2021-S8291A (ACTIVE) - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §37-0117, En Con L

2021-S8291A (ACTIVE) - Summary

Prohibits cosmetic products and personal care products that contain mercury.

2021-S8291A (ACTIVE) - Sponsor Memo

2021-S8291A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8291--A
 
                             I N  S E N A T E
 
                             February 9, 2022
                                ___________
 
 Introduced  by  Sens.  BROUK,  CLEARE,  THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental 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 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. The section heading of section 37-0117 of the environmental
 conservation law, as amended by chapter 44  of  the  laws  of  2020,  is
 amended and a new subdivision 8 is added to read as follows:
   Prohibition of cosmetic products and personal care products containing
 1,4-dioxane OR MERCURY.
   8.  NO PERSON   SHALL  SELL  OR OFFER FOR SALE ANY COSMETIC PRODUCT OR
 PERSONAL CARE PRODUCT CONTAINING  MERCURY.  FOR  THE  PURPOSES  OF  THIS
 SUBDIVISION  "MERCURY" SHALL MEAN ELEMENTAL MERCURY HG, MERCURIC IODIDE,
 MERCURY  OXIDE,  MERCUROUS  CHLORIDE,  ETHYL   MERCURY, PHENYL  MERCURIC
 SALTS, AMMONIATED MERCURY, AMIDE CHLORIDE OF MERCURY, MERCURY SULFIDE OR
 CINNABARIS, OR MERCURY IODIDE.
   § 2. This act shall take effect June 1, 2023.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14088-07-2



              

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