S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6969
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   regulation of ingredients in personal care products and cosmetics
 
   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 "safe personal care and cosmetics act".
   § 2. Legislative findings and intent.  Thousands of chemicals are used
 in  cosmetics  and  personal  care products. Some of these chemicals are
 associated with asthma, allergies, hormone disruption,  neurodevelopmen-
 tal  problems,  infertility,  even cancer. Exposure to personal care and
 cosmetic products typically begins in infancy,  with  products  such  as
 baby  shampoo,  lotion, and diaper cream, and continues throughout their
 lifespan.  According to the Environmental Working  Group,  "on  average,
 women  use  12  personal care products a day, exposing themselves to 168
 chemical ingredients. Men use six,  exposing  themselves  to  85  unique
 chemicals."
   Further,  The  National Institutes of Health (NIH) conducted an eight-
 year study of over  46,000  women  who  used  permanent  hair  dyes  and
 straighteners.  They  found  that women of color who regularly used dyes
 and straighteners had a 45 percent  higher  breast  cancer  risk.  White
 women faced a 7 percent higher breast cancer risk.
   European  Union  countries  prohibit  (with few exceptions) substances
 classified as carcinogenic, mutagenic,  or  toxic  for  reproduction  in
 cosmetic  products. The Canadian government regularly updates a Cosmetic
 Ingredient Hotlist that includes hundreds of chemicals and  contaminants
 prohibited  and restricted from cosmetics, such as formaldehyde, triclo-
 san, and more. Furthermore, over 40 countries including Japan, Cambodia,
 and Vietnam, have stricter restrictions on chemicals  in  personal  care
 products than does the United States.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07027-03-3
              

 A. 6969                             2
 
   Moreover,   regarding   the   safety  of using personal care products,
 the federal Modernization of Cosmetics Regulation Act  of  2022  is  the
 first  federal  law to significantly update the Food, Drug, and Cosmetic
 Act. However, the Act fails to meaningfully restrict the use of  harmful
 chemicals  in  personal  care/cosmetic  products,  and explicitly grants
 states the ability to enact such restrictions. For example, it failed to
 ban coal tar, a well known carcinogen.
   Therefore, the   legislature   finds   and   declares   that   federal
 restrictions of harmful chemicals in personal care and cosmetic products
 are  inadequate  to educate and protect consumers and salon workers, and
 that  it  shall  be the policy of the state to restrict  chemicals  that
 may  harm  the health of New Yorkers during production, use, or disposal
 of personal care products and cosmetic products.
   § 3. Article 37 of the environmental conservation law  is  amended  by
 adding a new title 11 to read as follows:
                                 TITLE XI
                   SAFE PERSONAL CARE AND COSMETICS ACT
 SECTION 37-1101. DEFINITIONS.
         37-1103. PROMULGATION OF LISTS.
         37-1105. SALES PROHIBITION.
         37-1107. PENALTIES.
         37-1109. REGULATIONS.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   1.  "COSMETIC  PRODUCT"  SHALL  MEAN  A COSMETIC PRODUCT AS DEFINED IN
 SECTION 37-0117 OF THIS ARTICLE.
   2. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
 THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A PERSONAL CARE  PRODUCT,
 AND  WHICH HAS A FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT,
 INCLUDING, BUT NOT LIMITED TO, THE  COMPONENTS  OF  INTENTIONALLY  ADDED
 FRAGRANCE,  FLAVORING  AND  COLORANTS,  AND  THE  INTENTIONAL  BREAKDOWN
 PRODUCTS OF AN ADDED ELEMENT OR COMPOUND THAT ALSO HAS A  FUNCTIONAL  OR
 TECHNICAL EFFECT ON THE FINISHED PRODUCT.
   3.  "NONFUNCTIONAL BYPRODUCT" SHALL MEAN ANY ELEMENT OR COMPOUND WHICH
 HAS NO FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT WHICH:
   (A) WAS INTENTIONALLY ADDED DURING THE  MANUFACTURING  PROCESS  FOR  A
 PERSONAL  CARE  PRODUCT AT ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S OR
 INGREDIENT'S SUPPLY CHAIN; OR
   (B) WAS CREATED OR FORMED  DURING  THE  MANUFACTURING  PROCESS  AS  AN
 INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF THE MANUFACTURING PROCESS AT
 ANY  POINT  IN  A PRODUCT'S, A RAW MATERIAL'S, OR AN INGREDIENT'S SUPPLY
 CHAIN.
   NONFUNCTIONAL BYPRODUCT SHALL INCLUDE,  BUT  IS  NOT  LIMITED  TO,  AN
 UNREACTED  RAW  MATERIAL,  A BREAKDOWN PRODUCT OF AN INTENTIONALLY ADDED
 INGREDIENT, OR A BYPRODUCT OF THE MANUFACTURING PROCESS.
   4. "NONFUNCTIONAL CONTAMINANT" SHALL  MEAN  ANY  ELEMENT  OR  COMPOUND
 PRESENT  IN  A  PERSONAL CARE PRODUCT AS AN UNINTENTIONAL CONSEQUENCE OF
 MANUFACTURING WHICH  HAS  NO  FUNCTIONAL  OR  TECHNICAL  EFFECT  IN  THE
 FINISHED PRODUCT. NONFUNCTIONAL CONTAMINANTS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO, ELEMENTS OR COMPOUNDS PRESENT IN THE ENVIRONMENT AS CONTAMINANTS
 WHICH  WERE INTRODUCED INTO A PRODUCT, A  RAW  MATERIAL,  OR  A  PRODUCT
 INGREDIENT  AS A RESULT OF THE USE OF AN ENVIRONMENTAL MEDIUM, SUCH AS A
 NATURALLY OCCURRING MINERAL, AIR, SOIL OR WATER,  IN  THE  MANUFACTURING
 PROCESS  AT  ANY  POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR AN INGREDI-
 ENT'S SUPPLY CHAIN.
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   5. "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM,  ASSOCIATION,  PARTNER-
 SHIP,  LIMITED    LIABILITY  COMPANY,  OR  CORPORATION  WHICH  PRODUCES,
 PREPARES, FORMULATES, OR COMPOUNDS A   PERSONAL CARE PRODUCT,  OR  WHOSE
 BRAND  NAME  IS  AFFIXED TO SUCH PRODUCT. IN THE CASE OF A PERSONAL CARE
 PRODUCT  IMPORTED  INTO THE UNITED STATES, "MANUFACTURER" SHALL MEAN THE
 IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT IF THE ENTITY THAT
 MANUFACTURES THE PRODUCT OR WHOSE BRAND  NAME IS AFFIXED TO THE  PRODUCT
 DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   6.  "PERSONAL  CARE  PRODUCT"  SHALL  MEAN  A PERSONAL CARE PRODUCT AS
 DEFINED IN SECTION 37-0117 OF THIS ARTICLE.
   7. "PRACTICAL QUANTIFICATION LIMIT" MEANS THE LOWEST LEVEL THAT CAN BE
 RELIABLY ACHIEVED WITHIN PRE-DETERMINED LIMITS OF PRECISION AND ACCURACY
 DURING ROUTINE LABORATORY OPERATING CONDITIONS.
   8. "RESTRICTED SUBSTANCE" SHALL MEAN THE FOLLOWING:
   (A) HEAVY  METALS  AND  HEAVY  METAL-CONTAINING  COMPOUNDS  INCLUDING:
 ARSENIC,  CADMIUM,  CADMIUM  COMPOUNDS,  CHROMIUM, LEAD, LEAD COMPOUNDS,
 NICKEL AND SELENIUM;
   (B) PARABENS, INCLUDING: BUTYL-,    ETHYL-,  ISOBUTYL-,    ISOPROPYL-,
 METHYL-, AND PROPYL  PARABEN;
   (C)  ORTHO-PHTHALATES AND THEIR ESTERS, INCLUDING:  DIBUTYL-, DICYCLO-
 HEXYL-,    DIISOBUTYL-,    DIISODECYL-,    DIISONONYL-,     DIISOOCTYL-,
 DI(2)ETHYLHEXYL-, DIETHYL-, AND BENZYL BUTYL PHTHALATE;
   (D)  PER-    AND    POLYFLUOROALKYL   SUBSTANCES, AS DETECTED BY TOTAL
 ORGANIC FLUORINE ANALYSIS;
   (E) FORMALDEHYDE AND FORMALDEHYDE RELEASERS, INCLUDING:  FORMALDEHYDE,
 PARAFORMALDEHYDE,  QUATERNIUM-15,  DIAZOLIDINYL  UREA,  DMDM  HYDANTOIN,
 METHYLENE  GLYCOL,  IMIDAZOLIDINYL  UREA, AND SODIUM HYDROXYMETHYLGLYCI-
 NATE;
   (F) BENZOPHENONES, INCLUDING: BENZOPHENONE, BENZOPHENONE-1,  BENZOPHE-
 NONE-2,  BENZOPHENONE-3, 2,4-DIHYDROXYBENZOPHENONE, RESBENZOPHENONE, AND
 OXYBENZONE;
   (G) KNOWN CARCINOGENS, INCLUDING  BENZENE,  CARBON  BLACK,  COAL  TAR,
 ETHYLENE  OXIDE,  TOLUENE,  NAPHTHALENE, NICKEL (METALLIC), STYRENE, AND
 XYLENE;
   (H) ASBESTOS AND ASBESTOS CONTAINING COMPOUNDS: ASBESTOS, TALC;
   (I) BUTYLATED COMPOUNDS, INCLUDING: BUTYLATED HYDROXYTOLUENE (BHT) AND
 BUTYLATED HYDROXYANISOLE (BHA);
   (J)  SILOXANES,  INCLUDING   CYCLOTETRASILOXANE,   CYCLOPENTASILOXANE,
 OCTAMETHYLCYCLOTETRASILOXANE, AND CYCLOSILOXANES;
   (K)  PHENYLENEDIAMINES,  INCLUDING M-PHENYLENEDIAMINE, O-PHENYLENEDIA-
 MINE, AND P-PHENYLENEDIAMINE;
   (L) TRICLOSAN, TRICLOCARBAN, NONYLPHENOL; AND
   (M) NITROSAMINE AND NITROSAMINE  RELEASERS,  INCLUDING  DIETHANOLAMINE
 AND TRIETHANOLAMINE.
 § 37-1103. PROMULGATION OF LISTS.
   THE  DEPARTMENT SHALL PROMULGATE AS REGULATIONS THE LIST OF RESTRICTED
 SUBSTANCES ON OR BEFORE THE EFFECTIVE DATE OF THIS TITLE.
 § 37-1105. SALES PROHIBITION.
   EFFECTIVE TWO YEARS AFTER THE  EFFECTIVE  DATE  OF  THIS  SECTION,  NO
 PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE A PERSONAL
 CARE  PRODUCT  OR  COSMETIC PRODUCT CONTAINING A RESTRICTED SUBSTANCE AS
 FOLLOWS:
   1. THE PRODUCT SHALL NOT CONTAIN A RESTRICTED SUBSTANCE PRESENT AS  AN
 INTENTIONALLY ADDED INGREDIENT IN ANY AMOUNT.
 A. 6969                             4
 
   2.  THE  PRODUCT SHALL NOT CONTAIN A RESTRICTED SUBSTANCE PRESENT AS A
 NONFUNCTIONAL BYPRODUCT OR NONFUNCTIONAL CONTAMINANT ABOVE THE PRACTICAL
 QUANTITATION LIMIT.
 § 37-1107. PENALTIES.
   A MANUFACTURER IN VIOLATION OF THIS TITLE IS SUBJECT TO A CIVIL PENAL-
 TY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION IN THE CASE OF
 A  FIRST  OFFENSE.  MANUFACTURERS  WHO  COMMIT SUBSEQUENT VIOLATIONS ARE
 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS  FOR  EACH
 ADDITIONAL OFFENSE.
 § 37-1109.  REGULATIONS.
   THE  DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
 TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   § 4. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  5. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment 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 such
 effective date.