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.
