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.