Senate Bill S1340

Signed By Governor
2023-2024 Legislative Session

Relates to the sale of cosmetic products containing trace amounts of mercury

download bill text pdf

Sponsored By

Current Bill Status Via A619 - Signed by Governor

  • 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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2023-S1340 (ACTIVE) - Details

See Assembly Version of this Bill:
A619
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §37-0117, En Con L (as proposed in S.8291-A & A.8630-A)
Versions Introduced in 2023-2024 Legislative Session:
S1340, A619

2023-S1340 (ACTIVE) - Summary

Provides that no person shall sell or offer for sale any cosmetic product or personal care product containing mercury, other than in trace amounts allowed by the food and drug administration as unavoidable under conditions of good manufacturing practice or necessary for use as a preservative in the absence of an effective and safe nonmercurial preservative substitute.

2023-S1340 (ACTIVE) - Sponsor Memo

2023-S1340 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1340
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   sale of cosmetic products containing trace amounts of mercury
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7  of  section  37-0117  of  the  environmental
 conservation  law,  as  amended  by  chapter  44 of the laws of 2020, is
 amended to read as follows:
   7. A manufacturer of a cosmetic  product  or  personal  care  product,
 otherwise  subject to the requirements OF SUBDIVISIONS THREE AND FOUR of
 this section, may apply to the department for  a  one-year  waiver  from
 such requirements for a specific cosmetic product or personal care prod-
 uct, and upon such proof that the manufacturer has taken steps to reduce
 the presence of 1,4-dioxane in that product and is unable to comply with
 the  requirements OF SUBDIVISIONS THREE AND FOUR of this section. There-
 after, a manufacturer may apply for one additional one-year  waiver  for
 such product, upon its satisfaction of such similar proof.
   §  2.  Subdivision 8 of section 37-0117 of the environmental conserva-
 tion law, as added by a chapter of the laws of 2022 amending  the  envi-
 ronmental conservation law relating to prohibiting cosmetic products and
 personal  care products that contain mercury, as proposed in legislative
 bills numbers S. 8291-A and A. 8630-A, is amended to read as follows:
   8. No person  shall  sell  or offer for sale any cosmetic  product  or
 personal  care  product  containing mercury, OTHER THAN IN TRACE AMOUNTS
 IDENTIFIED BY THE DEPARTMENT, IN CONSULTATION  WITH  THE  DEPARTMENT  OF
 HEALTH, IN REGULATIONS.  ANY SUCH TRACE AMOUNTS SHALL BE CONSISTENT WITH
 THE  PERMISSIBLE CONCENTRATIONS OF TRACE AMOUNTS ALLOWED BY THE FOOD AND
 DRUG ADMINISTRATION AS (A) UNAVOIDABLE UNDER CONDITIONS OF GOOD MANUFAC-
 TURING PRACTICE, OR (B) NECESSARY FOR  USE  AS  A  PRESERVATIVE  IN  THE
 ABSENCE OF AN EFFECTIVE AND SAFE NONMERCURIAL PRESERVATIVE SUBSTITUTE IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04313-01-3

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