Senate Bill S5663

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5663
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  of  cleaning  products  containing  triclosan,
   triclocarban or derivatives of such antibacterial compounds

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 37-0123 to read as follows:
 § 37-0123. PROHIBITION OF TRICLOSAN, TRICLOCARBAN OR DERIVATIVES OF SUCH
              ANTIBACTERIAL COMPOUNDS.
   1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY OR CORPORATION SHALL SELL OR OFFER FOR  SALE  ANY  CLEANING  PRODUCTS
 CONTAINING TRICLOSAN, TRICLOCARBAN, OR DERIVATIVES OF SUCH ANTIBACTERIAL
 COMPOUNDS,  WITHIN  NEW YORK STATE, PROVIDED, HOWEVER, THAT THIS SECTION
 SHALL NOT PROHIBIT THE SALE OF PRODUCTS  CONTAINING  SUCH  ANTIBACTERIAL
 COMPOUNDS THAT ARE USED SOLELY IN MEDICAL FACILITIES.
   2.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
 SECTION.
   §  2. Section 37-0101 of the environmental conservation law is amended
 by adding a new subdivision 8 to read as follows:
   8. "CLEANING PRODUCTS" MEANS, BUT  ARE  NOT  LIMITED  TO,  DISHWASHING
 LIQUIDS,  LAUNDRY  DETERGENTS, FABRIC SOFTENERS, DISINFECTANTS, SPONGES,
 MOP HEADS, BROOMS, GARBAGE BAGS, CLEANING AGENTS,  ANTIBACTERIAL  SOAPS,
 HAND  SOAPS,  BAR  SOAPS,  LIQUID SOAPS, HAND SANITIZERS, SKIN PURIFYING
 WIPES, BODY WASHES, FACIAL AND BODY CLEANSERS, SHAMPOOS, AND  CONDITION-
 ERS.
   §  3. Section 71-3703 of the environmental conservation law is amended
 by adding a new subdivision 6 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10014-01-3
 S. 5663                             2
              

 
   6. ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
 COMPANY,  OR  CORPORATION  WHO VIOLATES ANY OF THE PROVISIONS OF SECTION
 37-0123 OR ANY RULE OR REGULATION PROMULGATED PURSUANT HERETO, SHALL  BE
 LIABLE  FOR  A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH
 DAY DURING WHICH SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH
 PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY, OR
 CORPORATION MAY BE  ENJOINED  FROM  CONTINUING  SUCH  VIOLATION.    SUCH
 PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY, OR
 CORPORATION SHALL FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF  THE
 STATE  FOR  A  CIVIL  PENALTY  NOT  TO  EXCEED TWO THOUSAND FIVE HUNDRED
 DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   § 4. This act shall take effect one year and six months after it shall
 have become a law. Effective immediately the addition and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 one year after this act shall have become a law.