NY State Senate Bill 2021-S8385

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 18, 2022	referred to consumer protection

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.

 
JUSTIFICATION:

According to the American Cancer Society over 800,000 new skin cancer
cases of highly curable basal cell or squamous cell cancers are diag-
nosed per year. More than a million new cases of skin cancer diagnosed
in 2002 make it the most common form of cancer in the United States. The
number of melanomas diagnosed in the United States is increasing; since
1973, the incidence rate of melanoma has more than doubled. Skin care
prevention involves addressing personal behavior and individual choices.
According to the American Cancer Society the best way to prevent skin
cancer are as follows: "The sun's ultraviolet rays are the strongest
between 10 a.m. and 3 p.m., exposure at these times should be avoided,
and protective clothing should be worn. SUNSCREENS SHOULD BE USED."
These come in various strengths, ranging from those facilitating gradual
tanning to those that allow practically no tanning. A recent study
revealed that only a third of the young people questioned used sunscreen
routinely during the previous summer. Half of those who reported multi-
ple sunburns claimed it was worthwhile in order to get a tan.

Sunscreen products have an effective life of three to five years. In
light of how important these products are in combating skin cancer, it
is appropriate that the consumer know that sunscreen is not protective
against the sun's rays after a certain point. A clear and conspicuous
label indicating the date after which a sunscreen product is no longer
viable or effective is necessary to alert the consumer to added risks of
sun exposure they may encounter.  More than 53 million children spend a
substantial portion of their lives in school, and some of that time is
spent outdoors in the sun.  These labels are especially important with
children's sunscreen, as young people tend to be more severely burned
and are in greater danger than adults.

 
LEGISLATIVE HISTORY:

2013: Consumer Protection Committee (S.5645)

2011-12: Consumer Protection Committee (S.4354/A.4435)

2009-10: Consumer Protection Committee (S.2099)

2007-08: Consumer Protection Committee (S.4720/A.77)

2005-06: Consumer Protection Committee (S.5475-A/A.983-B)

2004: Consumer Protection Committee (S.6448/A.1061)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect two years after it shall have become a law;
provided that it shall be repealed upon the adoption by the United
States Food and Drug Administration of a final OTC drug monograph for
sunscreen products.

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.

                                                            LBD14763-02-2
 S. 8385                             2
 
 NOT  LESS  THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND
 RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN  TWO  HUNDRED  FIFTY DOLLARS FOR EACH SUCH VIOLATION. IN CONNECTION
 WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL  IS  AUTHORIZED
 TO  TAKE  PROOF  AND  MAKE  A DETERMINATION OF THE RELEVANT FACTS AND TO
 ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAW  AND  RULES.
 ANY  MONETARY  PENALTIES THAT ARE SECURED BY THE STATE SHALL BE UTILIZED
 BY THE DEPARTMENT OF HEALTH FOR SUNSCREEN EDUCATION PROGRAMS.
   § 3. This act shall take effect two years after it shall have become a
 law; provided that it shall be repealed upon the adoption by the  United
 States  Food  and  Drug Administration of a final OTC drug monograph for
 sunscreen products; provided that the commissioner of health shall noti-
 fy the legislative bill drafting commission upon the occurrence  of  the
 adoption  of  a final OTC drug monograph for sunscreen products provided
 for in this act in order that the commission may  maintain  an  accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.

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Senate Bill S8385

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2021-S8385 (ACTIVE) - Details

2021-S8385 (ACTIVE) - Summary

2021-S8385 (ACTIVE) - Sponsor Memo

2021-S8385 (ACTIVE) - Bill Text download pdf

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2021-S8385 (ACTIVE) - Details

2021-S8385 (ACTIVE) - Summary

2021-S8385 (ACTIVE) - Sponsor Memo

2021-S8385 (ACTIVE) - Bill Text download pdf

Comments