S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7969
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 18, 2023
                                ___________
 
 Introduced  by  M.  of A. SIMON, GLICK -- Multi-Sponsored by -- M. of A.
   COOK -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the creation of  a
   research  program  to  determine  the  risks  posed  from chemicals in
   personal care products or feminine hygiene products; 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.  The  public health law is amended by adding a new section
 804 to read as follows:
   § 804. PERSONAL CARE PRODUCTS SAFETY AND RESEARCH. 1. FOR PURPOSES  OF
 THIS SECTION, THE TERM:
   (A) "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.
   (B)  "CHEMICAL  OF  CONCERN" SHALL MEAN A CHEMICAL APPEARING ON ANY OF
 THE LISTS INCLUDED IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVI-
 SION OF MATERIALS MANAGEMENT PROGRAM POLICY ON HOUSEHOLD CLEANSING PROD-
 UCT INFORMATION DISCLOSURE PUBLISHED ON JUNE SIXTH, TWO  THOUSAND  EIGH-
 TEEN  PURSUANT  TO  ARTICLE THIRTY-FIVE OF THIS CHAPTER AND 6 NYCRR PART
 659, OR AS DESIGNATED BY THE COMMISSIONER.
   (C) "RESTRICTED SUBSTANCE" SHALL MEAN A SUBSTANCE  DETERMINED  BY  THE
 COMMISSIONER,  WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, LEAD, MERCURY
 AND RELATED COMPOUNDS, FORMALDEHYDE, TRICLOSAN, TOLUENE, PER- AND  POLY-
 FLUOROALKYL SUBSTANCES, DIBUTYL PHTHALATE, DI(2)EXYLHEXYL PHTHALATE, AND
 ISOBUTYL-, ISOPROPYL-, BUTYL-, AND PROPYLPARABEN.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09719-01-3
 A. 7969                             2
 
              

   (D)  "FEMININE HYGIENE PRODUCTS" SHALL MEAN PADS, LINERS, CUPS, SPONG-
 ES, DOUCHES, WIPES, SPRAYS, AND SIMILAR  PRODUCTS  USED  IN  CONJUNCTION
 WITH RESPECT TO MENSTRUATION OR OTHER GENITAL TRACT SECRETIONS.
   2.  THE  COMMISSIONER  SHALL  PROVIDE  FOR  THE  CONDUCT OR SUPPORT OF
 RESEARCH BY  THE  DEPARTMENT  TO  DETERMINE  THE  EXTENT  TO  WHICH  THE
 PROLONGED EXPOSURE TO ANY CHEMICAL OF CONCERN OR RESTRICTED SUBSTANCE IN
 PERSONAL  CARE  PRODUCTS OR FEMININE HYGIENE PRODUCTS POSES ANY RISKS TO
 THE HEALTH OF INDIVIDUALS WHO USE THE PRODUCTS.  SUCH  RESEARCH  PROJECT
 SHALL  BE  COMPLETED  WITHIN  TWO  YEARS  OF  THE EFFECTIVE DATE OF THIS
 SECTION. SUCH RESEARCH SHALL ALSO EXAMINE ANY LONG-TERM  HEALTH  EFFECTS
 OF USING PERSONAL CARE PRODUCTS OR FEMININE HYGIENE PRODUCTS THAT DO NOT
 CONTAIN A RESTRICTED SUBSTANCE OR CHEMICAL OF CONCERN.
   3.  WITHIN  ONE  YEAR  OF THE COMPLETION OF SUCH RESEARCH, ANY CONCLU-
 SIONS, RECOMMENDATIONS AND PROPOSALS FOR IMPLEMENTING  SUCH  RECOMMENDA-
 TIONS  SHALL  BE TRANSMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE  HEALTH
 COMMITTEE,  AND  THE  CHAIR  OF THE ASSEMBLY HEALTH COMMITTEE, AND SHALL
 ALSO BE MADE AVAILABLE TO THE PUBLIC.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and  shall expire and be deemed repealed two years
 after such date.