Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 18, 2022 |
referred to consumer protection |
Senate Bill S8385
2021-2022 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Actions
2021-S8385 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §399-jj, Gen Bus L
2021-S8385 (ACTIVE) - Summary
Requires sunscreen products to be labeled with expiration dates; authorizes the attorney general to seek injunctive relief, restitution, and civil penalties in the case of violations; authorizes persons injured by a violation of this law to bring an action for injunctive relief and actual damages or two hundred and fifty dollars, whichever is greater.
2021-S8385 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8385 SPONSOR: KAMINSKY TITLE OF BILL: An act to amend the general business law, in relation to requiring sunscreen products to be labeled with a best if used before date; and providing for the repeal of such provisions upon expiration thereof PURPOSE: This bill would enact the "Ellen Weisenberg Memorial Act," requiring certain sunscreen products to be labeled with expiration dates. SUMMARY OF PROVISIONS:; Section 1 of the bill adds a new section 399-jj to the General Business Law to require that certain sunscreen products sold in the state be labeled with an expiration date. Section 2 provides the effective date.
2021-S8385 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8385 I N S E N A T E February 18, 2022 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to requiring sunscreen products to be labeled with a best if used before date; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "Ellen Weisenberg memorial act". § 2. The general business law is amended by adding a new section 399- jj to read as follows: § 399-JJ. DATE LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO- RATION, OR OTHER ENTITY TO MANUFACTURE, FOR SALE, RESALE, OR DISTRIB- UTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A LABEL INDICATING A DATE ON WHICH THE PRODUCT IS BEST IF USED BEFORE. THE DATE REQUIRED BY THIS SECTION SHALL BE LABELED BY MONTH AND YEAR. 2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO- RATION, OR OTHER ENTITY SHALL SELL SUNSCREEN WHICH IT KNOWS DOES NOT CONTAIN THE LABELING INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION. 3. FOR PURPOSES OF THIS SECTION, SUNSCREEN SHALL MEAN A TOPICAL, NON- DOSAGE PRODUCT INTENDED FOR USE STRICTLY AS A HUMAN OTC DRUG PRODUCT, AND NOT ALSO A COSMETIC PRODUCT, AND LABELED WITH THE TERM "SPF" AND LABELED SOLELY FOR USE IN SUNBURN PROTECTION, AND CONTAINING AT LEAST ONE ACTIVE INGREDIENT LISTED IN 21 C.F.R. 352.10 THAT ABSORBS, REFLECTS OR SCATTERS RADIATION. FOR PURPOSES OF THIS SECTION "SUNSCREEN" SHALL NOT INCLUDE PRODUCTS IN WHICH AVAILABLE EMPIRICAL TESTING DEMONSTRATES THAT THE SUNSCREEN PRODUCT MAINTAINS ITS INTEGRITY AND EFFECTIVENESS FOR A PERIOD OF AT LEAST THREE YEARS. 4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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