Senate Bill S3529A

2023-2024 Legislative Session

Provides for the restriction of substances in menstrual products

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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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Votes

Bill Amendments

co-Sponsors

2023-S3529 - Details

See Assembly Version of this Bill:
A5990
Current Committee:
Assembly Health
Law Section:
General Business Law
Laws Affected:
Amd §399-aaaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8529
2021-2022: S9379, A2246

2023-S3529 - Summary

Restricts certain substances from being used in menstrual products.

2023-S3529 - Sponsor Memo

2023-S3529 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3529
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sens. FERNANDEZ, CLEARE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Women's Issues
 
 AN  ACT to amend the public health law, in relation to the regulation of
   ingredients in menstrual products
 
   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
 267-a to read as follows:
   § 267-A. MENSTRUAL PRODUCT SAFETY. 1. FOR PURPOSES OF THIS SECTION:
   A. "MENSTRUAL PRODUCTS" MEANS TAMPONS, PADS,  LINERS,  CUPS,  SPONGES,
 DOUCHES,  WIPES,  SPRAYS,  AND SIMILAR PRODUCTS USED IN CONJUNCTION WITH
 RESPECT TO MENSTRUATION OR OTHER GENITAL-TRACT SECRETIONS.
   B. "RESTRICTED SUBSTANCE" SHALL MEAN AN UNSAFE CHEMICAL FOR  INCLUSION
 IN  MENSTRUAL  PRODUCTS  AS  DETERMINED BY THE COMMISSIONER, WHICH SHALL
 INCLUDE, BUT NOT BE LIMITED TO, LEAD,  MERCURY  AND  RELATED  COMPOUNDS,
 FORMALDEHYDE,   TRICLOSAN,   TOLUENE,  TALC,  PER-  AND  POLYFLUOROALKYL
 SUBSTANCES, DIBUTYL PHTHALATE, DI(2)EXYLHEXYL PHTHALATE, AND  ISOBUTYL-,
 ISOPROPYL-, BUTYL-, AND  PROPYLPARABEN.
   2.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, MANUFACTUR-
 ERS OF MENSTRUAL 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  NOT
 DISTRIBUTE MENSTRUAL PRODUCTS CONTAINING A RESTRICTED SUBSTANCE OR USING
 SUCH RESTRICTED SUBSTANCE AS A FRAGRANCE, COLORANT, DYE, PRESERVATIVE OR
 OTHER INTENTIONALLY ADDED INGREDIENT.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04800-02-3

co-Sponsors

2023-S3529A (ACTIVE) - Details

See Assembly Version of this Bill:
A5990
Current Committee:
Assembly Health
Law Section:
General Business Law
Laws Affected:
Amd §399-aaaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8529
2021-2022: S9379, A2246

2023-S3529A (ACTIVE) - Summary

Restricts certain substances from being used in menstrual products.

2023-S3529A (ACTIVE) - Sponsor Memo

2023-S3529A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3529--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sens. FERNANDEZ, CLEARE, HOYLMAN-SIGAL, WEBB -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Women's  Issues  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the restriction
   of certain substances in menstrual products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (b) of subdivision 1 of section 399-aaaa of the
 general business law, as added by chapter 362 of the laws  of  2019,  is
 amended and a new paragraph (c) is added to read as follows:
   (b)  "menstrual  product"  shall mean products used for the purpose of
 catching menstruation and vaginal discharge, including but  not  limited
 to  tampons,  pads,  and  menstrual  cups.  These products may be either
 disposable or reusable[.];
   (C) "RESTRICTED SUBSTANCE" SHALL MEAN AN UNSAFE CHEMICAL FOR INCLUSION
 IN MENSTRUAL PRODUCTS AS DETERMINED BY THE COMMISSIONER OF HEALTH, WHICH
 SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  LEAD,  MERCURY  AND  RELATED
 COMPOUNDS,  FORMALDEHYDE, TRICLOSAN, TOLUENE, TALC, PER- AND POLYFLUORO-
 ALKYL SUBSTANCES, DIBUTYL PHTHALATE, DI(2)EXYLHEXYL PHTHALATE, BUTYLPHE-
 NYL METHYLPROPIONAL AND ISOBUTYL-, ISOPROPYL-, BUTYL-, AND   PROPYLPARA-
 BEN.
   §  2. Subdivision 4 of section 399-aaaa of the general business law is
 renumbered subdivision 5 and a new subdivision 4 is  added  to  read  as
 follows:
   4. NO MENSTRUAL 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 CONTAIN A
 RESTRICTED SUBSTANCE OR USE SUCH RESTRICTED SUBSTANCE  AS  A  FRAGRANCE,
 COLORANT, DYE, PRESERVATIVE OR OTHER INTENTIONALLY ADDED INGREDIENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04800-05-3
 S. 3529--A                          2

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