NY State Senate Bill S3331B

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
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Signed/Vetoed by Governor

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Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 24, 2022	amended on third reading 3331b
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1100
May 05, 2022	print number 3331a
May 05, 2022	amend (t) and recommit to environmental conservation
Jan 05, 2022	referred to environmental conservation
Jan 28, 2021	referred to environmental conservation

Votes

view votes

May 9, 2022 - Environmental Conservation committee Vote

S3331A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: May 9, 2022

aye (8)

nay (1)

Stec

aye wr (2)

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

view additional co-sponsors

S3331 - Details

See Assembly Version of this Bill:: A143
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 11 §§37-1101 - 37-1111, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6077, A7978
2023-2024: S4265, A6969

S3331 - Summary

Relates to the regulation of ingredients in personal care products and cosmetics to include chemicals of concern which shall be provided on lists identified by the commissioner.

S3331 - Sponsor Memo

 
BILL NUMBER: S3331

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
regulation of ingredients in personal care products

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to regulate ingredients in personal care
products, to better assess its impact on the environment and on public
health.

 
SUMMARY OF PROVISIONS:

Section 1 states the legislative findings and intent.

Section 2 amends article 37 of the environmental conservation law by
adding a new title 10 which defines:

-"chemical of concern" as those appearing on any of the lists included
in Department of Environmental Conservation Division of Materials
Management Program Policy on Household Cleansing Product Information
Disclosure;

-"ingredient" as any of the following (a) An intentionally added ingre-
dient present in any quantity in the personal care product;(b) A
nonfunctional byproduct or nonfunctional contaminant, present in a
personal care product in any quantity exceeding 1 part per million of
the content of the product by weight or other amount determined by the
commissioner;(c) A nonfunctional byproduct present in a personal care
product in any quantity not exceeding one part per million of the
content of the product by weight present at or above the practical quan-
tification limit as determined by the commissioner;

-"personal care product" as articles 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 articles intended for
use as a component of any such articles; except that such term shall not
include soap; and

-"restricted substance" as lead, mercury and related compounds, formal-
dehyde, triclosan, toluene, per- and polyfluoroalkyl substances, dibu-
tylphthalate, di(2)ethylhexyl phthalate, and isobutyl-, isopropyl,
butyl-,and propyl paraben.

It also states that manufacturers of personal care products shall
furnish to the commissioner for public record information regarding such
products pursuant to rules and regulations promulgated by the commis-
sioner. This information shall include, but not be limited to:

(a) A list naming each ingredient;

(b) such list shall disclose that the ingredient is published as a chem-
ical of concern as identified in this chapter, including specification
of which list or lists; and

(c)investigations concerning the effects on human health and the envi-
ronment of such product or such ingredients.  It also allows the commis-
sioner, in consultation with the commissioner of health to periodically
review the list of chemicals of concern to identify or remove chemicals
from such list; prohibits the sale of personal care products containing
restricted substances after a period; sets penalties for violations; but
exempts very small businesses from such penalties.

 
JUSTIFICATION:

There are thousands of chemicals in personal care, household cleaning,
and other consumer products, many of which have never been fully tested
for potential impacts on human health or the environment. This had led
national and international organizations to develop lists of chemicals
of concern and require their disclosure, such as the New York State
Department of Environmental Conservation's Household Cleaning Product
Ingredient Disclosure Program (HCPIDP).  /sk While federal law requires
personal care product labels to list certain intentionally added ingre-
dients, information concerning potential health effects is not disclosed
or otherwise widely available and certain categories of chemical ingre-
dients are exempt from labeling requirements.

Personal care products can contain chemicals associated with asthma,
allergies, hormone disruption, neurodevelopmental problems, infertility,
even cancer. Americans use an average of 10 personal care products Every
day. Exposure to personal care products typically begins in infancy,
with products such as baby shampoo and diaper cream, and continues
throughout their lifespan.

New York State is not alone in seeking to promote greater transparency
and safety with personal care products. European Union countries prohib-
it (with few exceptions) substances classified as carcinogenic, mutagen-
ic, or toxic for reproduction in cosmetic products. The Canadian govern-
ment regularly updates a Cosmetic Ingredient Hotlist that includes
hundreds of chemicals and contaminants prohibited and restricted from
cosmetics, such as formaldehyde, triclosan, selenium, nitrosamines, and
1,4-dioxane. Furthermore, over 40 countries including Japan, Cambodia,
and Vietnam, have stricter restrictions on chemicals in personal care
products than does the United States.

Therefore, the legislature finds and declares that federal disclosure
requirements are not sufficient to educate and protect consumers, and
that it shall be the policy of the state to require the personal care
product industry to more fully disclose ingredients and identify ingre-
dients published as chemicals of concern on lists identified by the
commissioner such as the HCPIDP or other national or international
lists.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S6077A/A7978A Gottfried

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To Be Determined.

 
EFFECTIVE DATE:
This act shall take 180 days after it shall have become law

S3331 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3331
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by Sens. RIVERA, HARCKHAM, HOYLMAN, KAPLAN, SANDERS, SERRANO
   -- 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  the
   regulation of ingredients in personal care products

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent.  There  are  thousands  of
 chemicals  used in personal care, household cleaning, and other consumer
 products, many of which have  never  been  fully  tested  for  potential
 impacts  on  human  health or the environment. This has led national and
 international organizations to develop lists of  chemicals  of  concern,
 including  the New York State Department of Environmental Conservation's
 Household Cleaning Product Ingredient Disclosure Program (HCPIDP). While
 federal law requires personal care product labels to list certain inten-
 tionally added  ingredients,  information  concerning  potential  health
 effects  is  not  widely  available  and  certain categories of chemical
 ingredients are exempt from labeling requirements. Furthermore, over  40
 countries,  including  countries in the European Union, Japan, Cambodia,
 and Vietnam, have stricter restrictions on chemicals  in  personal  care
 products  than does the United States.  Therefore, the legislature finds
 and declares that federal  disclosure  requirements  are  inadequate  to
 educate  and  protect  consumers, and that it shall be the policy of the
 state to require the  personal  care  product  industry  to  more  fully
 disclose  ingredients and identify ingredients published as chemicals of
 concern on lists identified by the commissioner such as  the  HCPIDP  or
 other national or international lists.
   §  2.  Article  37 of the environmental conservation law is amended by
 adding a new title 10 to read as follows:
                                  TITLE X
                   REGULATION OF PERSONAL CARE PRODUCTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00402-01-1

 S. 3331                             2
 
 SECTION 37-1001. DEFINITIONS.
         37-1003. DISCLOSURE.
         37-1005. PERIODIC REVIEW.
         37-1007. SALES PROHIBITION.
         37-1009. SMALL BUSINESS EXEMPTION.
         37-1011. PENALTIES.
 § 37-1001. DEFINITIONS.
   AS USED IN THIS TITLE, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   1. "CHEMICAL OF CONCERN" SHALL MEAN A CHEMICAL APPEARING ON ANY OF THE
 LISTS  INCLUDED IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION
 OF MATERIALS MANAGEMENT PROGRAM POLICY ON  HOUSEHOLD  CLEANSING  PRODUCT
 INFORMATION  DISCLOSURE  PUBLISHED  ON JUNE SIXTH, TWO THOUSAND EIGHTEEN
 PURSUANT TO ARTICLE THIRTY-FIVE OF THIS CHAPTER AND 6 NYCRR PART 659, OR
 AS DESIGNATED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
 OF HEALTH.
   2. "INGREDIENT" SHALL MEAN ALL OF THE FOLLOWING:
   (A) AN INTENTIONALLY ADDED INGREDIENT PRESENT IN  ANY  QUANTITY  IN  A
 PERSONAL CARE PRODUCT;
   (B)  A NONFUNCTIONAL BYPRODUCT OR NONFUNCTIONAL CONTAMINANT PRESENT IN
 A PERSONAL CARE PRODUCT, IN ANY QUANTITY EXCEEDING ONE PART PER  MILLION
 OF  THE  CONTENT OF THE PRODUCT, BY WEIGHT OR OTHER AMOUNT DETERMINED BY
 THE COMMISSIONER;
   (C) A NONFUNCTIONAL BYPRODUCT PRESENT IN A PERSONAL  CARE  PRODUCT  IN
 ANY  QUANTITY  NOT  EXCEEDING ONE PART PER MILLION OF THE CONTENT OF THE
 PRODUCT BY WEIGHT PRESENT AT OR ABOVE THE PRACTICAL QUANTIFICATION LIMIT
 AS DETERMINED BY THE COMMISSIONER, PROVIDED SUCH ELEMENT OR COMPOUND HAS
 BEEN PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE LISTS  IDENTIFIED
 BY THE COMMISSIONER;
   (D)  A NONFUNCTIONAL CONTAMINANT PRESENT IN A PERSONAL CARE PRODUCT IN
 A QUANTITY DETERMINED BY THE COMMISSIONER AND NOT EXCEEDING ONE PART PER
 MILLION OF THE CONTENT OF THE PRODUCT BY WEIGHT PRESENT AT OR ABOVE  THE
 PRACTICAL  QUANTIFICATION  LIMIT,  PROVIDED SUCH ELEMENT OR COMPOUND HAS
 BEEN PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE LISTS  IDENTIFIED
 BY THE COMMISSIONER.
   3. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
 THAT  A MANUFACTURER HAS INTENTIONALLY ADDED TO A PERSONAL CARE PRODUCT,
 AND WHICH HAS A FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED  PRODUCT,
 INCLUDING,  BUT  NOT  LIMITED  TO, THE COMPONENTS OF INTENTIONALLY ADDED
 FRAGRANCE,  FLAVORING  AND  COLORANTS,  AND  THE  INTENTIONAL  BREAKDOWN
 PRODUCTS  OF  AN ADDED ELEMENT OR COMPOUND THAT ALSO HAS A FUNCTIONAL OR
 TECHNICAL EFFECT ON THE FINISHED PRODUCT.
   4. "NONFUNCTIONAL BYPRODUCT" SHALL MEAN ANY ELEMENT OR COMPOUND  WHICH
 HAS NO FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT WHICH:
   (A)  WAS  INTENTIONALLY  ADDED  DURING THE MANUFACTURING PROCESS FOR A
 PERSONAL CARE PRODUCT AT ANY POINT IN A PRODUCT'S, A RAW  MATERIAL'S  OR
 INGREDIENT'S SUPPLY CHAIN; OR
   (B)  WAS  CREATED  OR  FORMED  DURING  THE MANUFACTURING PROCESS AS AN
 INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF THE MANUFACTURING PROCESS AT
 ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR  AN  INGREDIENT'S  SUPPLY
 CHAIN.
   NONFUNCTIONAL  BYPRODUCT  SHALL  INCLUDE,  BUT  IS  NOT LIMITED TO, AN
 UNREACTED RAW MATERIAL, A BREAKDOWN PRODUCT OF  AN  INTENTIONALLY  ADDED
 INGREDIENT, OR A BYPRODUCT OF THE MANUFACTURING PROCESS.
   5.  "NONFUNCTIONAL  CONTAMINANT"  SHALL  MEAN  ANY ELEMENT OR COMPOUND
 PRESENT IN A PERSONAL CARE PRODUCT AS AN  UNINTENTIONAL  CONSEQUENCE  OF
 MANUFACTURING  WHICH  HAS  NO  FUNCTIONAL  OR  TECHNICAL  EFFECT  IN THE

 S. 3331                             3
 
 FINISHED PRODUCT. NONFUNCTIONAL CONTAMINANTS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, ELEMENTS OR COMPOUNDS PRESENT IN THE ENVIRONMENT AS  CONTAMINANTS
 WHICH    WERE  INTRODUCED  INTO  A PRODUCT, A RAW MATERIAL, OR A PRODUCT
 INGREDIENT  AS A RESULT OF THE USE OF AN ENVIRONMENTAL MEDIUM, SUCH AS A
 NATURALLY OCCURRING MINERAL, AIR, SOIL OR WATER,  IN  THE  MANUFACTURING
 PROCESS  AT  ANY  POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR AN INGREDI-
 ENT'S SUPPLY CHAIN.
   6. "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.
   7. "PERSONAL CARE PRODUCT" SHALL MEAN ARTICLES 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 ARTICLES
 INTENDED FOR USE AS A COMPONENT OF ANY SUCH ARTICLES; EXCEPT  THAT  SUCH
 TERM SHALL NOT INCLUDE SOAP.
   8.  "RESTRICTED  SUBSTANCE"  SHALL  MEAN  LEAD,  MERCURY  AND  RELATED
 COMPOUNDS, FORMALDEHYDE, TRICLOSAN, TOLUENE,  PER-  AND  POLYFLUOROALKYL
 SUBSTANCES,  DIBUTYL PHTHALATE, DI(2)EXYLHEXYL PHTHALATE, AND ISOBUTYL-,
 ISOPROPYL-, BUTYL-, AND PROPYL PARABEN.
   9. "SOAP" SHALL MEAN ARTICLES COMPRISED ENTIRELY OF AN ALKALI SALT  OF
 FATTY ACIDS WHERE THE DETERGENT PROPERTIES OF THE ARTICLE ARE DUE TO THE
 ALKALI-FATTY ACID COMPOUNDS, AND THE ARTICLE SHALL BE LABELED, SOLD, AND
 REPRESENTED ONLY AS A SOAP.
 § 37-1003. DISCLOSURE.
   1.  MANUFACTURERS  OF  PERSONAL  CARE  PRODUCTS  DISTRIBUTED,  SOLD OR
 OFFERED FOR SALE IN THIS STATE, WHETHER  AT  RETAIL  OR  WHOLESALE,  FOR
 PERSONAL, PROFESSIONAL OR COMMERCIAL USE, OR DISTRIBUTED FOR PROMOTIONAL
 PURPOSES,  SHALL  FURNISH  TO  THE  COMMISSIONER FOR PUBLIC RECORD, IN A
 MANNER PRESCRIBED BY THE COMMISSIONER THAT IS READILY ACCESSIBLE TO  THE
 PUBLIC  AND  MACHINE  READABLE, SUCH INFORMATION REGARDING SUCH PRODUCTS
 PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE  COMMISSIONER.  FOR
 EACH  PERSONAL  CARE  PRODUCT, SUCH INFORMATION SHALL INCLUDE, BUT SHALL
 NOT BE LIMITED TO:
   (A) (I) A LIST NAMING EACH INGREDIENT, AS DEFINED IN  SUBDIVISION  TWO
 OF  SECTION 37-1001 OF THIS TITLE, OF THE PRODUCT IN DESCENDING ORDER OF
 PREDOMINANCE BY WEIGHT IN THE PRODUCT, EXCEPT THAT  INGREDIENTS  PRESENT
 AT  A WEIGHT BELOW ONE PERCENT (1%) MAY BE LISTED FOLLOWING OTHER INGRE-
 DIENTS WITHOUT RESPECT TO THE ORDER OF PREDOMINANCE BY WEIGHT;
   (II) SUCH LIST SHALL DISCLOSE THAT THE INGREDIENT IS  PUBLISHED  AS  A
 CHEMICAL OF CONCERN AS IDENTIFIED IN THIS TITLE, INCLUDING SPECIFICATION
 OF WHICH LIST OR LISTS SUCH CHEMICAL OF CONCERN IS ON; AND
   (B)  THE NATURE AND EXTENT OF INVESTIGATIONS AND RESEARCH PERFORMED BY
 OR FOR THE MANUFACTURER CONCERNING THE EFFECTS ON HUMAN HEALTH  AND  THE
 ENVIRONMENT OF SUCH PRODUCT OR SUCH INGREDIENTS.
   2.  SUCH  MANUFACTURERS  SHALL  FURNISH  INFORMATION ON OR BEFORE JULY
 FIRST, TWO THOUSAND TWENTY-TWO AND EVERY TWO YEARS THEREAFTER. IN  ADDI-
 TION,  SUCH  MANUFACTURERS  SHALL  FURNISH SUCH INFORMATION PRIOR TO THE
 SALE OF ANY NEW  PERSONAL  CARE  PRODUCT,  WHEN  THE  FORMULATION  OF  A
 CURRENTLY DISCLOSED PRODUCT IS SUBSTANTIALLY OR MATERIALLY CHANGED, WHEN
 ANY LIST OF CHEMICALS OF CONCERN IDENTIFIED BY THE COMMISSIONER PURSUANT

 S. 3331                             4
 
 TO  THIS  ARTICLE  IS  CHANGED  TO  INCLUDE  AN  INGREDIENT PRESENT IN A
 PERSONAL CARE PRODUCT SUBJECT TO THIS ARTICLE, OR AT SUCH OTHER TIMES AS
 MAY BE REQUIRED BY THE COMMISSIONER.
   3.  SUCH  INFORMATION  SHALL  BE  MADE  AVAILABLE TO THE PUBLIC BY THE
 COMMISSIONER, IN ACCORDANCE WITH THIS SECTION,  WITH  THE  EXCEPTION  OF
 THOSE  PORTIONS  WHICH  THE  MANUFACTURER  DETERMINES,  SUBJECT  TO  THE
 APPROVAL OF THE COMMISSIONER, IS RELATED TO A  PROPRIETARY  PROCESS  THE
 DISCLOSURE  OF  WHICH  WOULD  COMPROMISE  THE MANUFACTURER'S COMPETITIVE
 POSITION. THE COMMISSIONER SHALL NOT APPROVE ANY EXCEPTIONS  UNDER  THIS
 SUBDIVISION  WITH  RESPECT  TO ANY INGREDIENT PUBLISHED AS A CHEMICAL OF
 CONCERN ON ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER.
   4. THE COMMISSIONER MAY DIRECT SUBMISSION OF SUCH INFORMATION  TO  THE
 INTERSTATE CHEMICALS CLEARINGHOUSE, WHICH MAY MAKE THE REPORTED INFORMA-
 TION  AVAILABLE  TO  THE  PUBLIC,  SUBJECT TO INFORMATION TO BE WITHHELD
 UNDER SUBDIVISION THREE OF THIS SECTION.
 § 37-1005. PERIODIC REVIEW.
   THE COMMISSIONER, IN CONSULTATION WITH  THE  COMMISSIONER  OF  HEALTH,
 SHALL  PERIODICALLY  REVIEW  THE  LIST  OF CHEMICALS OF CONCERN AND, MAY
 THROUGH REGULATION, ADD OR REMOVE CHEMICALS FROM SUCH LIST.
 § 37-1007. SALES PROHIBITION.
   EFFECTIVE THREE YEARS AFTER THIS SECTION TAKES EFFECT, NO PERSON SHALL
 DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE A PERSONAL CARE PRODUCT
 CONTAINING A RESTRICTED SUBSTANCE.
 § 37-1009. SMALL BUSINESS EXEMPTION.
   THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO PERSONAL CARE  PROD-
 UCT  MANUFACTURERS  THAT EMPLOY FIVE PERSONS OR FEWER, AND ARE INDEPEND-
 ENTLY OWNED AND OPERATED.
 § 37-1011. PENALTIES.
   A MANUFACTURER IN VIOLATION OF THIS TITLE IS SUBJECT TO A CIVIL PENAL-
 TY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION IN THE CASE OF
 A FIRST OFFENSE. MANUFACTURERS  WHO  COMMIT  SUBSEQUENT  VIOLATIONS  ARE
 SUBJECT  TO  A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR EACH
 ADDITIONAL OFFENSE.
   § 3. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

Co-Sponsors

view additional co-sponsors

S3331A - Details

See Assembly Version of this Bill:: A143
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 11 §§37-1101 - 37-1111, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6077, A7978
2023-2024: S4265, A6969

S3331A - Summary

Relates to the regulation of ingredients in personal care products and cosmetics to include chemicals of concern which shall be provided on lists identified by the commissioner.

S3331A - Sponsor Memo

 
BILL NUMBER: S3331A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
regulation of ingredients in personal care products and cosmetics

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to regulate ingredients in personal care
products, to better assess its impact on the environment and on public
health.

 
SUMMARY OF PROVISIONS:

Section 1 states the legislative findings and intent.

Section 2 amends article 37 of the environmental conservation law by
adding a new title 10 which defines:

*"chemical of concern" as those appearing on any of the lists included

in Department of Environmental Conservation Division of Materials
Management Program Policy on Household Cleansing Product Information
Disclosure;

*"ingredient" as any of the following (a) An intentionally added ingre-
dient present in any quantity in the personal care product;(b) A
nonfunctional byproduct or nonfunctional contaminant, present in a
personal care product in any quantity exceeding 1 part per million of
the content of the product by weight or other amount determined by the
commissioner;(c) A nonfunctional byproduct present in a personal care
product in any quantity not exceeding one part per million of the
content of the product by weight present at or above the practical quan-
tification limit as determined by the commissioner;

*"personal care product" as articles 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 articles intended for
use as a component of any such articles; except that such term shall not
include soap; and

*"restricted substance" as lead, mercury and related compounds, formal-
dehyde, triclosan, toluene, per- and polyfluoroalkyl substances, dibu-
tylphthalate, di(2)ethylhexyl phthalate, and isobutyl-, isopropyl,
butyl-,and propyl paraben.  It also states that manufacturers of
personal care products shall furnish to the commissioner for public
record information regarding such products pursuant to rules and regu-
lations promulgated by the commissioner. This information shall include,
but not be limited to:

(a) A list naming each ingredient;

(b) such list shall disclose that the ingredient is published as a chem-
ical of concern as identified in this chapter, including specification
of which list or lists; and


(c)investigations concerning the effects on human health and the envi-
ronment of such product or such ingredients. It also allows the commis-
sioner, in consultation with the commissioner of health to periodically
review the list of chemicals of concern to identify or remove chemicals
from such list; prohibits the sale of personal care products containing
restricted substances after a period; sets penalties for violations; but
exempts very small businesses from such penalties.

 
JUSTIFICATION:

There are thousands of chemicals in personal care, household cleaning,
and other consumer products, many of which have never been fully tested
for potential impacts on human health or the environment. This had led
national and international organizations to develop lists of chemicals
of concern and require their disclosure, such as the New York State
Department of Environmental Conservation's Household Cleaning Product
Ingredient Disclosure Program (HCPIDP). While federal law requires
personal care product labels to list certain intentionally added ingre-
dients, information concerning potential health effects is not disclosed
or otherwise widely available and certain categories of chemical ingre-
dients are exempt from labeling requirements.

Personal care products can contain chemicals associated with asthma,
allergies, hormone disruption, neurodevelopmental problems, infertility,
even cancer. Americans use an average of 10 personal care products Every
day. Exposure to personal care products typically begins in infancy,
with products such as baby shampoo and diaper cream, and continues
throughout their lifespan.

New York State is not alone in seeking to promote greater transparency
and safety with personal care products. European Union countries prohib-
it (with few exceptions) substances classified as carcinogenic, mutagen-
ic, or toxic for reproduction in cosmetic products. The Canadian govern-
ment regularly updates a Cosmetic Ingredient Hotlist that includes
hundreds of chemicals and contaminants prohibited and restricted from
cosmetics, such as formaldehyde, triclosan, selenium, nitrosamines, and
1,4-dioxane. Furthermore, over 40 countries including Japan, Cambodia,
and Vietnam, have stricter restrictions on chemicals in personal care
products than does the United States.

Therefore, the legislature finds and declares that federal disclosure
requirements are not sufficient to educate and protect consumers, and
that it shall be the policy of the state to require the personal care
product industry to more fully disclose ingredients and identify ingre-
dients published as chemicals of concern on lists identified by the
commissioner such as the HCPIDP or other national or international
lists.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S6077A/A7978A Gottfried

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To Be Determined.

 
EFFECTIVE DATE:
This act shall take 180 days after it shall have become law

S3331A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3331--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA,  SALAZAR,  BAILEY, BIAGGI, BOYLE, BROOKS,
   BROUK, CLEARE, HARCKHAM, HINCHEY, HOYLMAN, JACKSON,  KAPLAN,  KRUEGER,
   LIU,  MANNION,  MARTUCCI, MYRIE, REICHLIN-MELNICK, SANDERS, SEPULVEDA,
   SERRANO -- read twice and ordered printed,  and  when  printed  to  be
   committed  to the Committee on Environmental Conservation -- recommit-
   ted to the Committee on Environmental Conservation in accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   regulation of ingredients in personal care products and cosmetics
 
   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
 "personal care and cosmetics act".
   § 2. Legislative findings and intent. There are thousands of chemicals
 used in personal care, household cleaning, and other consumer  products,
 many  of  which  have  never  been fully tested for potential impacts on
 human health or the environment.   Moreover,  regarding  the  safety  of
 using personal care products, it is most concerning that cosmetics regu-
 lation  in  the  United  States has not been significantly updated since
 1938.  This has led state national, and international  organizations  to
 develop  lists of chemicals of concern, including New York State's Toxic
 Chemicals in children's products and others. While federal law  requires
 personal  care product labels to list certain intentionally added ingre-
 dients, information concerning potential health effects  is  not  widely
 available and certain categories of chemical ingredients are exempt from
 labeling  requirements.  Furthermore, over 40 countries, including coun-
 tries in the European Union, Japan, Cambodia, and Vietnam, have stricter
 restrictions on chemicals in personal care products than does the United
 States. Therefore, the  legislature  finds  and  declares  that  federal
 disclosure requirements are inadequate to educate and protect consumers,
 and  that  it  shall  be the policy of the state to require the personal
 care product industry to more fully disclose  ingredients  and  identify
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00402-02-2
 S. 3331--A                          2
 
 ingredients published as chemicals of concern on lists identified by the
 commissioner and other state, national or international lists.
   §  2.  Article  37 of the environmental conservation law is amended by
 adding a new title 11 to read as follows:
                                 TITLE XI
                        PERSONAL CARE AND COSMETICS
 SECTION 37-1101. DEFINITIONS.
         37-1103. DISCLOSURE.
         37-1105. PUBLISHING OF LISTS.
         37-1107. PERIODIC REVIEW.
         37-1109. SALES PROHIBITION.
         37-1111. SMALL BUSINESS EXEMPTION.
         37-1113. PENALTIES.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   1. "CHEMICAL OF CONCERN" SHALL MEAN A CHEMICAL OR CLASS  OF  CHEMICALS
 REFERENCED  IN  SECTION 108954(A)(1) OF CHAPTER 13 TO PART 3 OF DIVISION
 104 OF THE CALIFORNIA HEALTH AND SAFETY CODE AS OF MARCH FIFTEENTH,  TWO
 THOUSAND  TWENTY-TWO, AND ASTHMAGENS AS IDENTIFIED BY THE ASSOCIATION OF
 OCCUPATIONAL AND ENVIRONMENTAL CLINICS AND AS DESIGNATED BY THE  COMMIS-
 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH.
   2. "INGREDIENT" SHALL MEAN ALL OF THE FOLLOWING:
   (A)  AN  INTENTIONALLY  ADDED  INGREDIENT PRESENT IN ANY QUANTITY IN A
 PERSONAL CARE PRODUCT;
   (B) A NONFUNCTIONAL BYPRODUCT OR NONFUNCTIONAL CONTAMINANT PRESENT  IN
 A  PERSONAL  CARE  PRODUCT,  IN  ANY  QUANTITY, PROVIDED SUCH ELEMENT OR
 COMPOUND HAS BEEN PUBLISHED AS A CHEMICAL OF  CONCERN  ON  ONE  OR  MORE
 LISTS IDENTIFIED BY THE COMMISSIONER.
   3. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
 THAT  A MANUFACTURER HAS INTENTIONALLY ADDED TO A PERSONAL CARE PRODUCT,
 AND WHICH HAS A FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED  PRODUCT,
 INCLUDING,  BUT  NOT  LIMITED  TO, THE COMPONENTS OF INTENTIONALLY ADDED
 FRAGRANCE,  FLAVORING  AND  COLORANTS,  AND  THE  INTENTIONAL  BREAKDOWN
 PRODUCTS  OF  AN ADDED ELEMENT OR COMPOUND THAT ALSO HAS A FUNCTIONAL OR
 TECHNICAL EFFECT ON THE FINISHED PRODUCT.
   4. "NONFUNCTIONAL BYPRODUCT" SHALL MEAN ANY ELEMENT OR COMPOUND  WHICH
 HAS NO FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT WHICH:
   (A)  WAS  INTENTIONALLY  ADDED  DURING THE MANUFACTURING PROCESS FOR A
 PERSONAL CARE PRODUCT AT ANY POINT IN A PRODUCT'S, A RAW  MATERIAL'S  OR
 INGREDIENT'S SUPPLY CHAIN; OR
   (B)  WAS  CREATED  OR  FORMED  DURING  THE MANUFACTURING PROCESS AS AN
 INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF THE MANUFACTURING PROCESS AT
 ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR  AN  INGREDIENT'S  SUPPLY
 CHAIN.
   NONFUNCTIONAL  BYPRODUCT  SHALL  INCLUDE,  BUT  IS  NOT LIMITED TO, AN
 UNREACTED RAW MATERIAL, A BREAKDOWN PRODUCT OF  AN  INTENTIONALLY  ADDED
 INGREDIENT, OR A BYPRODUCT OF THE MANUFACTURING PROCESS.
   5.  "NONFUNCTIONAL  CONTAMINANT"  SHALL  MEAN  ANY ELEMENT OR COMPOUND
 PRESENT IN A PERSONAL CARE PRODUCT AS AN  UNINTENTIONAL  CONSEQUENCE  OF
 MANUFACTURING  WHICH  HAS  NO  FUNCTIONAL  OR  TECHNICAL  EFFECT  IN THE
 FINISHED PRODUCT. NONFUNCTIONAL CONTAMINANTS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, ELEMENTS OR COMPOUNDS PRESENT IN THE ENVIRONMENT AS  CONTAMINANTS
 WHICH    WERE  INTRODUCED  INTO  A PRODUCT, A RAW MATERIAL, OR A PRODUCT
 INGREDIENT AS A RESULT OF THE USE OF AN ENVIRONMENTAL MEDIUM, SUCH AS  A
 NATURALLY  OCCURRING  MINERAL,  AIR, SOIL OR WATER, IN THE MANUFACTURING
 S. 3331--A                          3
 
 PROCESS AT ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S,  OR  AN  INGREDI-
 ENT'S SUPPLY CHAIN.
   6.  "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.
   7.  "PERSONAL CARE PRODUCT" SHALL MEAN ARTICLES 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  ARTICLES
 INTENDED  FOR  USE AS A COMPONENT OF ANY SUCH ARTICLES; EXCEPT THAT SUCH
 TERM SHALL NOT INCLUDE SOAP.
   8. "PRACTICAL QUANTIFICATION LIMIT" MEANS THE LOWEST LEVEL THAT CAN BE
 RELIABLY ACHIEVED WITHIN PRE-DETERMINED LIMITS OF PRECISION AND ACCURACY
 DURING ROUTINE LABORATORY OPERATING CONDITIONS.
   9. "RESTRICTED SUBSTANCE" SHALL MEAN LEAD, LEAD COMPOUNDS, OR  MERCURY
 AND   RELATED   COMPOUNDS,  FORMALDEHYDE,  PARAFOLMALDEHYDE,  TRICLOSAN,
 TOLUENE,  PER-  AND  POLYFLUOROALKYL  SUBSTANCES,   DIBUTYL   PHTHALATE,
 DI(2)EXYLHEXYL  PHTHALATE,  DIETHYL  PHTHALATE,  BUTYL BENZYL PHTHALATE,
 ISOBUTYL-,  ISOPROPYL-,  BUTYL-,  METHYL-,  PROPYL  PARABEN,   METHYLENE
 GLYCOL,  OXYBENZONE,  QUANTERNIUM-15,  M-PHENYLENEDIAMINE AND ITS SALTS,
 AND O- PHENYLENEDIAMINE AND ITS SALTS.
   10. "SOAP" SHALL MEAN ARTICLES COMPRISED ENTIRELY OF AN ALKALI SALT OF
 FATTY ACIDS WHERE THE DETERGENT PROPERTIES OF THE ARTICLE ARE DUE TO THE
 ALKALI-FATTY ACID COMPOUNDS, AND THE ARTICLE SHALL BE LABELED, SOLD, AND
 REPRESENTED ONLY AS A SOAP.
 § 37-1103. DISCLOSURE.
   1. MANUFACTURERS  OF  PERSONAL  CARE  PRODUCTS  DISTRIBUTED,  SOLD  OR
 OFFERED  FOR  SALE  IN  THIS  STATE, WHETHER AT RETAIL OR WHOLESALE, FOR
 PERSONAL, PROFESSIONAL OR COMMERCIAL USE, OR DISTRIBUTED FOR PROMOTIONAL
 PURPOSES, SHALL FURNISH TO THE COMMISSIONER  FOR  PUBLIC  RECORD,  IN  A
 MANNER  PRESCRIBED BY THE COMMISSIONER THAT IS READILY ACCESSIBLE TO THE
 PUBLIC AND MACHINE READABLE, SUCH INFORMATION  REGARDING  SUCH  PRODUCTS
 PURSUANT  TO  RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER. FOR
 EACH PERSONAL CARE PRODUCT, SUCH INFORMATION SHALL  INCLUDE,  BUT  SHALL
 NOT BE LIMITED TO:
   (A)  A  LIST  NAMING EACH INGREDIENT, AS DEFINED IN SUBDIVISION TWO OF
 SECTION 37-1101 OF THIS TITLE, OF THE PRODUCT  IN  DESCENDING  ORDER  OF
 PREDOMINANCE  BY  WEIGHT IN THE PRODUCT, EXCEPT THAT INGREDIENTS PRESENT
 AT A WEIGHT BELOW ONE PERCENT (1%) MAY BE LISTED FOLLOWING OTHER  INGRE-
 DIENTS WITHOUT RESPECT TO THE ORDER OF PREDOMINANCE BY WEIGHT;
   (B)  SUCH LIST SHALL INCLUDE CHEMICALS PRESENT AS NONFUNCTIONAL BYPRO-
 DUCTS AND CONTAMINANTS WHEN THOSE ELEMENTS OR COMPOUNDS MEET  THE  DEFI-
 NITION OF A CHEMICAL OF CONCERN;
   (C)  SUCH  LIST  SHALL DISCLOSE EACH INGREDIENT THAT IS PUBLISHED AS A
 CHEMICAL OF CONCERN AS IDENTIFIED IN THIS TITLE, INCLUDING SPECIFICATION
 OF WHICH LIST OR LISTS SUCH CHEMICAL OF CONCERN IS ON; AND
   (D) SUCH LIST SHALL DISCLOSE WHETHER  IT  IS  AN  INTENTIONALLY  ADDED
 INGREDIENT,  A  NONFUNCTIONAL BYPRODUCT, OR A NONFUNCTIONAL CONTAMINANT.
 MANUFACTURERS MAY PROVIDE  INFORMATION  ABOUT  THE  FUNCTION  OF  INTEN-
 TIONALLY ADDED INGREDIENTS.
 S. 3331--A                          4
 
   2.  SUCH  MANUFACTURERS SHALL FURNISH INFORMATION ON OR BEFORE JANUARY
 THIRTIETH, TWO THOUSAND TWENTY-FOUR AND ANNUALLY THEREAFTER.
   3.  SUCH  INFORMATION  SHALL  BE  MADE  AVAILABLE TO THE PUBLIC BY THE
 COMMISSIONER, IN ACCORDANCE WITH THIS SECTION,  WITH  THE  EXCEPTION  OF
 SPECIFIC  INGREDIENT  NAMES, WHICH THE COMMISSIONER DETERMINES, BASED ON
 APPLICATION BY THE MANUFACTURER, WOULD DISCLOSE  INFORMATION,  INCLUDING
 FORMULAS  AND  MOLECULAR STRUCTURES, ABOUT THE INGREDIENT THAT DISCLOSES
 PROCESSES USED IN THE MANUFACTURING OR PROCESSING OF THE INGREDIENT.  IF
 THE  COMMISSIONER  GRANTS  AN EXCEPTION, THE MANUFACTURER MUST PROVIDE A
 GENERIC NAME FOR EACH INGREDIENT, USING THE FRAMEWORK  PROVIDED  BY  THE
 FEDERAL  ENVIRONMENTAL PROTECTION AGENCY GUIDANCE FOR THE TSCA CONFIDEN-
 TIAL INVENTORY.  THE COMMISSIONER SHALL NOT APPROVE ANY EXCEPTIONS UNDER
 THIS SUBDIVISION WITH RESPECT TO ANY INGREDIENT PUBLISHED AS A  CHEMICAL
 OF CONCERN BY THE COMMISSIONER.
   4.  THE  COMMISSIONER MAY DIRECT SUBMISSION OF SUCH INFORMATION TO THE
 INTERSTATE CHEMICALS CLEARINGHOUSE, WHICH MAY MAKE THE REPORTED INFORMA-
 TION AVAILABLE TO THE PUBLIC, SUBJECT  TO  INFORMATION  TO  BE  WITHHELD
 UNDER SUBDIVISION THREE OF THIS SECTION.
   5.  THE  MANUFACTURER  SHALL  PAY A FEE UPON SUBMISSION OF A REPORT OF
 CHEMICAL USE PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  OR  A  WAIVER
 REQUEST PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO COVER THE DEPART-
 MENT'S  REASONABLE  COSTS  IN THE ADMINISTRATION AND ENFORCEMENT OF THIS
 TITLE. EXCLUSIVE OF FINES AND PENALTIES, THE STATE  SHALL  ONLY  RECOVER
 ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
 § 37-1105. PUBLISHING OF LISTS.
   THE  COMMISSIONER  SHALL  PUBLISH  LISTS  OF CHEMICALS OF CONCERN, AND
 RESTRICTED SUBSTANCES ON OR BEFORE THE EFFECTIVE DATE OF THIS TITLE, AND
 ANY TIME SUCH LISTS ARE AMENDED.
 § 37-1107. PERIODIC REVIEW.
   THE COMMISSIONER, IN CONSULTATION WITH  THE  COMMISSIONER  OF  HEALTH,
 SHALL  PERIODICALLY REVIEW NO FEWER THAN THREE YEARS, THE LIST OF CHEMI-
 CALS OF CONCERN AND, MAY THROUGH REGULATION,  ADD  OR  REMOVE  CHEMICALS
 FROM SUCH LIST.
 § 37-1109. SALES PROHIBITION.
   EFFECTIVE THREE YEARS AFTER THIS SECTION TAKES EFFECT, NO PERSON SHALL
 DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE A PERSONAL CARE PRODUCT
 CONTAINING A RESTRICTED SUBSTANCE.
 § 37-1111. SMALL BUSINESS EXEMPTION.
   THE  REQUIREMENTS  OF SECTION 37-1103 OF THIS TITLE SHALL NOT APPLY TO
 PERSONAL CARE PRODUCT MANUFACTURERS THAT EMPLOY TEN  PERSONS  OR  FEWER,
 AND ARE INDEPENDENTLY OWNED AND OPERATED.
 § 37-1113. PENALTIES.
   A MANUFACTURER IN VIOLATION OF THIS TITLE IS SUBJECT TO A CIVIL PENAL-
 TY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION IN THE CASE OF
 A  FIRST  OFFENSE.  MANUFACTURERS  WHO  COMMIT SUBSEQUENT VIOLATIONS ARE
 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS  FOR  EACH
 ADDITIONAL OFFENSE.
   § 3. Severability. If any provision of this act, or any application of
 any  provision  of  this act, is held to be invalid, or to violate or be
 inconsistent with any federal law or regulation, that shall  not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 4. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 S. 3331--A                          5
 
 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.

Co-Sponsors

view additional co-sponsors

S3331B (ACTIVE) - Details

See Assembly Version of this Bill:: A143
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 11 §§37-1101 - 37-1111, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6077, A7978
2023-2024: S4265, A6969

S3331B (ACTIVE) - Summary

Relates to the regulation of ingredients in personal care products and cosmetics to include chemicals of concern which shall be provided on lists identified by the commissioner.

S3331B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3331B

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
regulation of ingredients in personal care products and cosmetics

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to regulate ingredients in personal care
products, to better assess its impact on the environment and on public
health.

 
SUMMARY OF PROVISIONS:

Section 1 states that this act shall be known as the "safe personal care
and cosmetics act."

Section 2 states the legislative findings and intent and amends article
37 of the environmental conservation law by adding a new title 10 which
defines:

*"chemical of concern" means any chemicals known to cause harm as clas-
sified, included, referenced, or identified in certain jurisdictions
codes and asthmagens as designated by the commissioner in consultation
with the commissioner of health.

*"ingredient" as any of the following (a) An intentionally added ingre-
dient present in any quantity in the personal care product; or (b) A
nonfunctional byproduct or nonfunctional contaminant present in a
personal care product, in any quantity, provided such element or
compound is a chemical of concern;

*"manufacturer" as any person, firm, association, partnership, limited
liability company, or corporation which produces, prepares, formulates,
or compounds a personal care product;

*"personal care product" as articles 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 articles intended for
use as a component of any such articles; except that such term shall not
include soap; and

*"practical quantification limit" is the lowest level that can be reli-
ably achieved within predetermined limits of precision and accuracy
during routine laboratory operating conditions

*"restricted substance" as lead, lead compounds, or mercury and related
compounds, formaldehyde, paraformaldehyde, triclosan, toluene, per- and
polyfluoroalkyl substances, dibutyl phthalate, di(2)ethylhexyl phtha-
late, diethyl phthalate, butyl benzyl, phthalate, isobutyl-, isopropyl-,
butyl-, methyl-, propylparaben, methylene glycol, oxybenzone, Quaterni-
um-15, m-Phenylenediamine and its salts, and o-Phenylenediamine and its
salts.

*"soap" as articles comprised entirely of an alkali salt of fatty acids
where the detergent properties of the article are due to the alkali-fat-
ty acid compounds, and the article shall be labeled, sold, and repres-
ented only as soap

It also states that manufacturers of personal care products shall
furnish to the commissioner for public record information regarding such
products pursuant to rules and regulations promulgated by the commis-
sioner. This information shall include, but not be limited to:

(a) A list naming each ingredient;

(b) each ingredient in the product that is a chemical of concern.

Additionally it adds new sections including the promulgation of lists, a
small business exemption, and penalties.

Section 3 establishes a severability clause.

Section 4 establishes the effective date.

 
JUSTIFICATION:

There are thousands of chemicals in personal care, household cleaning,
and other consumer products, many of which have never been fully tested
for potential impacts on human health or the environment. This had led
national and international organizations to develop lists of chemicals
of concern and require their disclosure, such as the New York State
Department of Environmental Conservation's Household Cleaning Product
Ingredient Disclosure Program (HCPIDP). While federal law requires
personal care product labels to list certain intentionally added ingre-
dients, information concerning potential health effects is not disclosed
or otherwise widely available and certain categories of chemical ingre-
dients are exempt from labeling requirements.

Personal care products can contain chemicals associated with asthma,
allergies, hormone disruption, neurodevelopmental problems, infertility,
even cancer. Americans use an average of 10 personal care products Every
day. Exposure to personal care products typically begins in infancy,
with products such as baby shampoo and diaper cream, and continues
throughout their lifespan.

New York State is not alone in seeking to promote greater transparency
and safety with personal care products. European Union countries prohib-
it (with few exceptions) substances classified as carcinogenic, mutagen-
ic, or toxic for reproduction in cosmetic products. The Canadian govern-
ment regularly updates a Cosmetic Ingredient Hotlist that includes
hundreds of chemicals and contaminants prohibited and restricted from
cosmetics, such as formaldehyde, triclosan, selenium, nitrosamines, and
1,4-dioxane. Furthermore, over 40 countries including Japan, Cambodia,
and Vietnam, have stricter restrictions on chemicals in personal care
products than does the United States.

Therefore, the legislature finds and declares that federal disclosure
requirements are not sufficient to educate and protect consumers, and
that it shall be the policy of the state to require the personal care
product industry to more fully disclose ingredients and identify ingre-
dients published as chemicals of concern on lists identified by the
commissioner such as the HCPIDP or other national or international
lists.
 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S6077A/A7978A Gottfried

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To Be Determined.

 
EFFECTIVE DATE:
This act shall take 180 days after it shall have become law

S3331B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3331--B
     Cal. No. 1100
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA, SALAZAR, BAILEY, BIAGGI, BOYLE, BRISPORT,
   BROOKS, BROUK, CLEARE, HARCKHAM, HINCHEY,  HOYLMAN,  JACKSON,  KAPLAN,
   KRUEGER,  LIU,  MANNION,  MARTUCCI,  MYRIE, REICHLIN-MELNICK, SANDERS,
   SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed
   to be committed to the  Committee  on  Environmental  Conservation  --
   recommitted  to the Committee on Environmental Conservation in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   regulation of ingredients in personal care products and cosmetics
 
   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 "safe personal care and cosmetics act".
   § 2. Legislative findings and intent. There are thousands of chemicals
 used in personal care, household cleaning, and other consumer  products,
 many  of  which  have  never  been fully tested for potential impacts on
 human health or the environment.   Moreover,  regarding  the  safety  of
 using personal care products, it is most concerning that cosmetics regu-
 lation  in  the  United  States has not been significantly updated since
 1938.  This has led state national, and international  organizations  to
 develop  lists of chemicals of concern, including New York State's Toxic
 Chemicals in children's products and others. While federal law  requires
 personal  care product labels to list certain intentionally added ingre-
 dients, information concerning potential health effects  is  not  widely
 available and certain categories of chemical ingredients are exempt from
 labeling  requirements.  Furthermore, over 40 countries, including coun-
 tries in the European Union, Japan, Cambodia, and Vietnam, have stricter
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00402-06-2
 S. 3331--B                          2
 
 restrictions on chemicals in personal care products than does the United
 States. Therefore, the  legislature  finds  and  declares  that  federal
 disclosure requirements are inadequate to educate and protect consumers,
 and  that  it  shall  be the policy of the state to require the personal
 care product industry to more fully disclose  ingredients  and  identify
 ingredients published as chemicals of concern on lists identified by the
 commissioner and other state, national or international lists.
   §  2.  Article  37 of the environmental conservation law is amended by
 adding a new title 11 to read as follows:
                                 TITLE XI
                        PERSONAL CARE AND COSMETICS
 SECTION 37-1101. DEFINITIONS.
         37-1103. DISCLOSURE.
         37-1105. PROMULGATION OF LISTS.
         37-1107. SALES PROHIBITION.
         37-1109. SMALL BUSINESS EXEMPTION.
         37-1111. PENALTIES.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   1. "CHEMICAL OF CONCERN" SHALL MEAN A CHEMICAL OR CLASS  OF  CHEMICALS
 REFERENCED  IN  SECTION 108954(A)(1) OF CHAPTER 13 TO PART 3 OF DIVISION
 104 OF THE CALIFORNIA HEALTH AND SAFETY CODE AS OF MARCH FIFTEENTH,  TWO
 THOUSAND  TWENTY-TWO,  AND ASTHMAGENS AS DESIGNATED BY THE COMMISSIONER,
 IN CONSULTATION WITH THE COMMISSIONER OF HEALTH.
   2. "INGREDIENT" SHALL MEAN:
   (A) AN INTENTIONALLY ADDED INGREDIENT PRESENT IN  ANY  QUANTITY  IN  A
 PERSONAL CARE PRODUCT; OR
   (B)  A NONFUNCTIONAL BYPRODUCT OR NONFUNCTIONAL CONTAMINANT PRESENT IN
 A PERSONAL CARE PRODUCT, IN  ANY  QUANTITY,  PROVIDED  SUCH  ELEMENT  OR
 COMPOUND IS A CHEMICAL OF CONCERN.
   3. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
 THAT  A MANUFACTURER HAS INTENTIONALLY ADDED TO A PERSONAL CARE PRODUCT,
 AND WHICH HAS A FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED  PRODUCT,
 INCLUDING,  BUT  NOT  LIMITED  TO, THE COMPONENTS OF INTENTIONALLY ADDED
 FRAGRANCE,  FLAVORING  AND  COLORANTS,  AND  THE  INTENTIONAL  BREAKDOWN
 PRODUCTS  OF  AN ADDED ELEMENT OR COMPOUND THAT ALSO HAS A FUNCTIONAL OR
 TECHNICAL EFFECT ON THE FINISHED PRODUCT.
   4. "NONFUNCTIONAL BYPRODUCT" SHALL MEAN ANY ELEMENT OR COMPOUND  WHICH
 HAS NO FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT WHICH:
   (A)  WAS  INTENTIONALLY  ADDED  DURING THE MANUFACTURING PROCESS FOR A
 PERSONAL CARE PRODUCT AT ANY POINT IN A PRODUCT'S, A RAW  MATERIAL'S  OR
 INGREDIENT'S SUPPLY CHAIN; OR
   (B)  WAS  CREATED  OR  FORMED  DURING  THE MANUFACTURING PROCESS AS AN
 INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF THE MANUFACTURING PROCESS AT
 ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR  AN  INGREDIENT'S  SUPPLY
 CHAIN.
   NONFUNCTIONAL  BYPRODUCT  SHALL  INCLUDE,  BUT  IS  NOT LIMITED TO, AN
 UNREACTED RAW MATERIAL, A BREAKDOWN PRODUCT OF  AN  INTENTIONALLY  ADDED
 INGREDIENT, OR A BYPRODUCT OF THE MANUFACTURING PROCESS.
   5.  "NONFUNCTIONAL  CONTAMINANT"  SHALL  MEAN  ANY ELEMENT OR COMPOUND
 PRESENT IN A PERSONAL CARE PRODUCT AS AN  UNINTENTIONAL  CONSEQUENCE  OF
 MANUFACTURING  WHICH  HAS  NO  FUNCTIONAL  OR  TECHNICAL  EFFECT  IN THE
 FINISHED PRODUCT. NONFUNCTIONAL CONTAMINANTS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, ELEMENTS OR COMPOUNDS PRESENT IN THE ENVIRONMENT AS  CONTAMINANTS
 WHICH    WERE  INTRODUCED  INTO  A PRODUCT, A RAW MATERIAL, OR A PRODUCT
 INGREDIENT AS A RESULT OF THE USE OF AN ENVIRONMENTAL MEDIUM, SUCH AS  A
 S. 3331--B                          3
 
 NATURALLY  OCCURRING  MINERAL,  AIR, SOIL OR WATER, IN THE MANUFACTURING
 PROCESS AT ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S,  OR  AN  INGREDI-
 ENT'S SUPPLY CHAIN.
   6.  "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.
   7.  "PERSONAL CARE PRODUCT" SHALL MEAN ARTICLES 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  ARTICLES
 INTENDED  FOR  USE AS A COMPONENT OF ANY SUCH ARTICLES; EXCEPT THAT SUCH
 TERM SHALL NOT INCLUDE SOAP.
   8. "PRACTICAL QUANTIFICATION LIMIT" MEANS THE LOWEST LEVEL THAT CAN BE
 RELIABLY ACHIEVED WITHIN PRE-DETERMINED LIMITS OF PRECISION AND ACCURACY
 DURING ROUTINE LABORATORY OPERATING CONDITIONS.
   9. "RESTRICTED SUBSTANCE" SHALL MEAN LEAD, LEAD COMPOUNDS, OR  MERCURY
 AND   RELATED   COMPOUNDS,  FORMALDEHYDE,  PARAFOLMALDEHYDE,  TRICLOSAN,
 TOLUENE,  PER-  AND  POLYFLUOROALKYL  SUBSTANCES,   DIBUTYL   PHTHALATE,
 DI(2)EXYLHEXYL  PHTHALATE,  DIETHYL  PHTHALATE,  BUTYL BENZYL PHTHALATE,
 ISOBUTYL-,  ISOPROPYL-,  BUTYL-,  METHYL-,  PROPYL  PARABEN,   METHYLENE
 GLYCOL,  OXYBENZONE,  QUANTERNIUM-15,  M-PHENYLENEDIAMINE AND ITS SALTS,
 AND O- PHENYLENEDIAMINE AND ITS SALTS.
   10. "SOAP" SHALL MEAN ARTICLES COMPRISED ENTIRELY OF AN ALKALI SALT OF
 FATTY ACIDS WHERE THE DETERGENT PROPERTIES OF THE ARTICLE ARE DUE TO THE
 ALKALI-FATTY ACID COMPOUNDS, AND THE ARTICLE SHALL BE LABELED, SOLD, AND
 REPRESENTED ONLY AS A SOAP.
 § 37-1103. DISCLOSURE.
   1. MANUFACTURERS  OF  PERSONAL  CARE  PRODUCTS  DISTRIBUTED,  SOLD  OR
 OFFERED  FOR  SALE  IN  THIS  STATE, WHETHER AT RETAIL OR WHOLESALE, FOR
 PERSONAL, PROFESSIONAL OR COMMERCIAL USE, OR DISTRIBUTED FOR PROMOTIONAL
 PURPOSES, SHALL FURNISH TO THE DEPARTMENT, IN A MANNER PRESCRIBED BY THE
 COMMISSIONER THAT IS READILY ACCESSIBLE TO THE PUBLIC,  INFORMATION  FOR
 EACH PERSONAL CARE PRODUCT, INCLUDING BUT NOT LIMITED TO:
   (A)  A LIST NAMING EACH INGREDIENT, OF THE PRODUCT IN DESCENDING ORDER
 OF PREDOMINANCE BY WEIGHT IN THE PRODUCT, EXCEPT THAT INGREDIENTS  PRES-
 ENT  AT  A  WEIGHT  BELOW ONE PERCENT (1%) MAY BE LISTED FOLLOWING OTHER
 INGREDIENTS WITHOUT RESPECT TO THE ORDER OF PREDOMINANCE BY WEIGHT; AND
   (B) EACH INGREDIENT IN THE PRODUCT THAT IS A CHEMICAL OF CONCERN.
   2. THE INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  SHALL
 BE SUBMITTED TO THE DEPARTMENT ON OR BEFORE JANUARY THIRTIETH, TWO THOU-
 SAND TWENTY-FOUR AND ANNUALLY THEREAFTER.
   3.  THE  INFORMATION  PROVIDED  PURSUANT  TO  SUBDIVISION  ONE OF THIS
 SECTION TO THE DEPARTMENT SHALL BE MADE AVAILABLE TO THE PUBLIC  BY  THE
 DEPARTMENT,  PROVIDED HOWEVER, THAT AN INGREDIENT THAT IS NOT A CHEMICAL
 OF CONCERN MAY BE WITHHELD FROM  PUBLIC  DISCLOSURE  IF  THE  DEPARTMENT
 DETERMINES,  BASED  ON  APPLICATION BY THE MANUFACTURER, THAT DISCLOSURE
 WOULD REVEAL PROPRIETARY INFORMATION. IF THE  DEPARTMENT  MAKES  SUCH  A
 DETERMINATION,  THE  MANUFACTURER  SHALL  PROVIDE A GENERIC NAME FOR THE
 INGREDIENT CONSISTENT WITH THE CONFIDENTIAL CHEMICAL SUBSTANCES IDENTIFY
 REPORTING REQUIREMENTS OF THE FEDERAL TOXIC SUBSTANCE CONTROL ACT.
 S. 3331--B                          4
 
   4. THE DEPARTMENT MAY REQUIRE SUBMISSION  BY  A  MANUFACTURER  OF  THE
 INFORMATION  REQUIRED BY THIS SECTION TO THE INTERSTATE CHEMICALS CLEAR-
 INGHOUSE, WHICH MAY MAKE  THE  REPORTED  INFORMATION  AVAILABLE  TO  THE
 PUBLIC,  EXCEPT  FOR  PROPRIETARY INFORMATION WITHHELD UNDER SUBDIVISION
 THREE OF THIS SECTION.
   5. THE MANUFACTURER SHALL PAY A FEE UPON SUBMISSION OF THE INFORMATION
 REQUIRED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS  SECTION TO COVER THE
 DEPARTMENT'S REASONABLE COSTS IN THE ADMINISTRATION AND  ENFORCEMENT  OF
 THIS  TITLE.  EXCLUSIVE  OF  FINES  AND  PENALTIES, THE STATE SHALL ONLY
 RECOVER ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
 § 37-1105. PROMULGATION OF LISTS.
   THE DEPARTMENT SHALL PROMULGATE AS REGULATIONS THE LISTS OF  CHEMICALS
 OF  CONCERN AND RESTRICTED SUBSTANCES ON OR BEFORE THE EFFECTIVE DATE OF
 THIS TITLE, AND SHALL PERIODICALLY REVISE THE REGULATIONS  AS  NECESSARY
 WHEN SUCH LISTS ARE AMENDED.
 § 37-1107. SALES PROHIBITION.
   EFFECTIVE  THREE  YEARS  AFTER  THE EFFECTIVE DATE OF THIS SECTION, NO
 PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE A PERSONAL
 CARE PRODUCT CONTAINING A RESTRICTED SUBSTANCE.
 § 37-1109. SMALL BUSINESS EXEMPTION.
   THE REQUIREMENTS OF SECTION 37-1103 OF THIS TITLE SHALL NOT  APPLY  TO
 PERSONAL  CARE  PRODUCT  MANUFACTURERS THAT EMPLOY TEN PERSONS OR FEWER,
 AND ARE INDEPENDENTLY OWNED AND OPERATED.
 § 37-1111. PENALTIES.
   A MANUFACTURER IN VIOLATION OF THIS TITLE IS SUBJECT TO A CIVIL PENAL-
 TY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION IN THE CASE OF
 A FIRST OFFENSE. MANUFACTURERS  WHO  COMMIT  SUBSEQUENT  VIOLATIONS  ARE
 SUBJECT  TO  A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR EACH
 ADDITIONAL OFFENSE.
   § 3. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  4. This act shall take effect one year after it shall have become a
 law. Effective immediately, 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 S3331B

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May 9, 2022 - Environmental Conservation committee Vote

Committee Vote: May 9, 2022

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senate Bill S3331B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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Votes

May 9, 2022 - Environmental Conservation committee Vote

Committee Vote: May 9, 2022

Bill Amendments

Co-Sponsors

S3331 - Details

S3331 - Summary

S3331 - Sponsor Memo

S3331 - Bill Text download pdf

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S3331A - Details

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S3331B (ACTIVE) - Details

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S3331B (ACTIVE) - Bill Text download pdf

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