The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    512
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- 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 potential toxins in
   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.  Short  title. This act shall be known and may be cited as
 "the tampon safety and research act".
   § 2. Title 6 of article 2 of the public health law, as added by  chap-
 ter  342  of the laws of 2014, is amended by adding a new section 269 to
 read as follows:
   § 269. TAMPON SAFETY AND RESEARCH. 1. FOR PURPOSES  OF  THIS  SECTION,
 THE  TERM "FEMININE HYGIENE PRODUCTS" MEANS TAMPONS, PADS, LINERS, CUPS,
 SPONGES, DOUCHES, WIPES, SPRAYS, AND SIMILAR PRODUCTS USED  IN  CONJUNC-
 TION 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 PRESENCE
 OF DIOXINS, SYNTHETIC FIBERS, CHLORINE, AND OTHER COMPONENTS  (INCLUDING
 CONTAMINANTS  AND  SUBSTANCES  USED  AS FRAGRANCES, COLORANTS, DYES, AND
 PRESERVATIVES) IN TAMPONS AND OTHER FEMININE HYGIENE PRODUCTS:
   (A) POSES ANY RISKS TO THE HEALTH OF INDIVIDUALS WHO USE THE PRODUCTS,
 INCLUDING RISKS RELATING TO CERVICAL CANCER, ENDOMETRIOSIS, INFERTILITY,
 OVARIAN  CANCER,  BREAST  CANCER,  IMMUNE  SYSTEM  DEFICIENCIES,  PELVIC
 INFLAMMATORY  DISEASE,  TOXIC  SHOCK  SYNDROME,  AND BACTERIAL AND YEAST
 INFECTIONS; AND
   (B) POSES ANY RISKS TO THE HEALTH OF BIOLOGICAL CHILDREN BORN TO INDI-
 VIDUALS  WHO  USED  SUCH  PRODUCTS  DURING  OR  BEFORE  THE  PREGNANCIES
 INVOLVED, INCLUDING RISKS RELATING TO FETAL AND CHILDHOOD DEVELOPMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00712-01-3
 A. 512                              2

 
   3.  RESEARCH  UNDER  SUBDIVISION  TWO  OF  THIS  SECTION SHALL INCLUDE
 RESEARCH TO CONFIRM THE DATA  ON  TAMPONS  AND  OTHER  FEMININE  HYGIENE
 PRODUCTS  SUBMITTED TO THE UNITED STATES FOOD AND DRUG ADMINISTRATION BY
 MANUFACTURERS OF SUCH PRODUCTS.
   4.  SUCH RESEARCH PROJECTS SHALL BE COMPLETED WITHIN FOUR YEARS OF THE
 EFFECTIVE DATE OF THIS SECTION.
   5. 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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall expire and be  deemed  repealed  five  years
 after such date.