NY State Senate Bill 2023-S4171

Senate Bill S4171

2023-2024 Legislative Session

Prohibits the sale or offer for sale of any cosmetic product or personal care product containing PFAS substances

download bill text pdf

Current Bill Status - In Senate Committee Environmental Conservation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Feb 03, 2023	referred to environmental conservation

2023-S4171 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §37-0117, En Con L
Versions Introduced in 2021-2022 Legislative Session:: S8364

2023-S4171 (ACTIVE) - Summary

Prohibits the sale or offer for sale of any cosmetic product or personal care product containing PFAS substances.

2023-S4171 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4171

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale or offer for sale of any cosmetic product or
personal care product containing PFAS substances

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prohibit the sale of any cosmetic product
or personal care product containing PFAS.

 
SUMMARY OF PROVISIONS:

Section one of this bill would amend § 37-0117 of the environmental
conservation law (ECL) to: prohibit the sale of any cosmetic product or
personal care product containing intentionally added PFAS substances
beginning June 1, 2024; define PFAS to mean a class of fluorinated
organic chemicals containing at least one fully fluorinated carbon atom;
and define intentionally added to have the same meaning as subdivision

eleven of § 37-0901 of the ECL.

 
JUSTIFICATION:

Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chem-
icals, which includes PFOA, PFOS, and GenX. A recent study led by
researchers at the University of Notre Dame found that more than half of
231 cosmetic products tested contained PFAS. These substances can bioac-
cumulate in humans over time and have been linked to cancer, thyroid
disease, liver damage, decreased fertility, and hormone disruption.

First developed in the 1940s, PFAS has been used in a variety of
products including food packaging, nonstick pans, furniture, and fire-
fighting foam. Known as "forever chemicals," PFAS substances typically
do not break down easily and persist for long periods of time in the
environment. Their toxicity and persistence means they have significant
public health and environmental implications.

The Legislature has previously prohibited PFAS chemicals in firefighting
foam and food containers and required the Department of Health to estab-
lish drinking water standards for PFOA and PFOS. This bill would ban the
entire class of PFAS substances from usage in cosmetic and personal care
products sold in New York. This bill represents the next logical step in
PFAS regulation. California's Governor signed similar legislation into
law in September 2020.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.8364A/A8363A (Englebright)-Referred to Environmental Conser-
vation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect June 1, 2024.

2023-S4171 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4171
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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
   prohibiting  the  sale  or  offer  for sale of any cosmetic product or
   personal care product containing PFAS substances

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of section 37-0117 of the environmental
 conservation  law,  as  amended  by  chapter 754 of the laws of 2022, is
 amended and a new subdivision 9 is added to read as follows:
   Prohibition of cosmetic products and personal care products containing
                1,4-dioxane, PFAS SUBSTANCES or mercury.
   9. NO PERSON SHALL SELL OR OFFER FOR  SALE  ANY  COSMETIC  PRODUCT  OR
 PERSONAL  CARE  PRODUCT  CONTAINING INTENTIONALLY ADDED PFAS SUBSTANCES.
 FOR THE PURPOSES OF THIS SUBDIVISION, "PFAS  SUBSTANCES"  SHALL  MEAN  A
 CLASS  OF  FLUORINATED  ORGANIC  CHEMICALS CONTAINING AT LEAST ONE FULLY
 FLUORINATED CARBON ATOM AND "INTENTIONALLY ADDED" SHALL  HAVE  THE  SAME
 MEANING  AS  "INTENTIONALLY  ADDED  CHEMICAL"  IN  SUBDIVISION ELEVEN OF
 SECTION 37-0901 OF  THIS  ARTICLE.
   § 2. This act shall take effect June 1, 2024; provided, however,  that
 if  chapter  754 of the laws of 2022 shall not have taken effect by such
 date, this act shall take effect on the same date and in the same manner
 as such chapter of the laws of 2022 takes effect.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01088-02-3

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