NY State Senate Bill 2023-S2279A

Current Bill Status - In Senate Committee Consumer Protection 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2024	print number 2279d
Feb 23, 2024	amend and recommit to consumer protection
Jan 03, 2024	referred to consumer protection returned to senate died in assembly
Jun 08, 2023	referred to codes delivered to assembly passed senate
Jun 07, 2023	ordered to third reading cal.1665 committee discharged and committed to rules
Jun 05, 2023	print number 2279c
Jun 05, 2023	amend and recommit to consumer protection
May 02, 2023	print number 2279b
May 02, 2023	amend and recommit to consumer protection
Mar 17, 2023	print number 2279a
Mar 17, 2023	amend and recommit to consumer protection
Jan 19, 2023	referred to consumer protection

Votes

- Jun 8, 2023 - Floor Vote
  S2279A
  
  55
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (55)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (7)
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Stec
      
      excused (1)
      
      Cooney
  Jun 7, 2023 - Rules Committee Vote
  S2279A
  
  15
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (3)
      
      Gallivan
      
      O'Mara
      
      Ortt
      
      aye wr (3)
      
      Griffo
      
      Helming
      
      Stec

Bill Amendments

Original

D (Active)

2023-S2279 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-aaaaaa, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8036

2023-S2279 - Summary

Requires a plain and conspicuous printed list of all ingredients listed in order of predominance on diapers sold in the state; imposes a civil penalty of one percent of the manufacturer's total annual in-state sales not to exceed one thousand dollars per package or box on the manufacturer.

2023-S2279 - Sponsor Memo

                                 
BILL NUMBER: S2279

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to labeling of
ingredients of diapers

 
PURPOSE:

This bill requires labeling of ingredients on packages or boxes of
diapers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the general business law by adding a new section
399-aaaa

Section two sets forth the effective date.

 
JUSTIFICATION:

Babies and toddlers wear diapers around the clock. A typical child will
wear thousands of diapers during their lifetime. Unless cloth or organic
diapers are used, however, consumers have no idea what chemicals are
present in disposable diapers because product packaging is not required
to contain ingredient labeling.

A new line of research suggests that the chemical composition of certain
diapers could pose serious, long term risks to infant health and their
developing bodies. One report published in the medical journal, Repro-
ductive Toxicology, suggests that the concentration of volatile organic
compounds (including methylene chloride, toluene and xylene) in commonly
used disposable diapers could be significantly higher than the concen-
tration found in common commercial plastic products. Unlike plastic
products like sippy cups, disposable diapers are in direct and constant
contact with infant and toddler external genitalia and mucus membranes.

Consumers have a right to know whether the products they put on their
Children's bodies are safe. Requiring product ingredient labeling will
provide consumers with information that is vital to their purchasing
decisions, and potentially their children's health.

This legislation requires that every package or box containing diapers
sold in New York State contain a clear list of all ingredients, with
diaper components listed out by percentage. The legislation establishes
a civil penalty of one thousand dollars per package or box to be imposed
on the manufacturer, for each package or box sold without a label.  This
legislation is intended to safeguard the health and wellness of newborns
and toddlers statewide, against the risks of prolonged exposure to vola-
tile chemicals.

 
LEGISLATIVE HISTORY:

2019-20: A.6561- Referred to Consumer Affairs and Protection

 
FISCAL IMPLICATIONS:

Undetermined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S2279 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2279
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in  relation  to  labeling  of
   ingredients of diapers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-aaaaaa to read as follows:
   § 399-AAAAAA. DIAPER LABELING. 1. FOR PURPOSES OF THIS SECTION:
   (A) "INGREDIENT" SHALL MEAN A SUBSTANCE PRESENT IN ANY QUANTITY  IN  A
 DIAPER;
   (B)  "DIAPER" SHALL MEAN A TYPE OF UNDERWEAR THAT ALLOWS THE WEARER TO
 DEFECATE OR URINATE WITHOUT  THE  USE  OF  A  TOILET,  BY  ABSORBING  OR
 CONTAINING  WASTE  PRODUCTS  TO PREVENT SOILING OF OUTER CLOTHING OR THE
 EXTERNAL ENVIRONMENT. THESE PRODUCTS MAY BE EITHER DISPOSABLE  OR  REUS-
 ABLE.
   2.  EACH  PACKAGE  OR  BOX CONTAINING DIAPERS SOLD IN THIS STATE SHALL
 CONTAIN A PLAIN AND CONSPICUOUS PRINTED LIST  OF  ALL  INGREDIENTS  WITH
 PERCENTAGES  OF THE COMPONENTS OF THE DIAPER.  SUCH LIST SHALL EITHER BE
 PRINTED ON THE PACKAGE OR AFFIXED THERETO.
   3. THE REQUIREMENTS OF THIS SECTION SHALL APPLY  IN  ADDITION  TO  ANY
 OTHER  LABELING REQUIREMENTS ESTABLISHED PURSUANT TO ANY OTHER PROVISION
 OF LAW.
   4. WHENEVER A VIOLATION OF THIS SECTION HAS OCCURRED, A CIVIL  PENALTY
 OF  ONE  THOUSAND  DOLLARS  PER  PACKAGE  OR BOX SHALL BE IMPOSED ON THE
 MANUFACTURER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01282-01-3

2023-S2279A - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-aaaaaa, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8036

2023-S2279A - Summary

2023-S2279A - Sponsor Memo

                                 
BILL NUMBER: S2279A

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to labeling of
ingredients of diapers

 
PURPOSE:

This bill requires labeling of ingredients on packages or boxes of
diapers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the general business law by adding a new section
399-aaaa.

Section two sets forth the effective date.

 
JUSTIFICATION:

Babies and toddlers wear diapers around the clock. A typical child will
wear thousands of diapers during their lifetime. Unless cloth or organic
diapers are used, however, consumers have no idea what chemicals are
present in disposable diapers because product packaging is not required
to contain ingredient labeling.

A new line of research suggests that the chemical composition of certain
diapers could pose serious, long term risks to infant health and their
developing bodies. One report published in the medical journal, Repro-
ductive Toxicology, suggests that the concentration of volatile organic
compounds (including methylene chloride, toluene and xylene) in commonly
used disposable diapers could be significantly higher than the concen-
tration found in common commercial plastic products. Unlike plastic
products like sippy cups, disposable diapers are in direct and constant
contact with infant and toddler external genitalia and mucus membranes.

Consumers have a right to know whether the products they put on their
children's bodies are safe. Requiring product ingredient labeling will
provide consumers with information that is vital to their purchasing
decisions, and potentially their children's health.

This legislation requires that every package or box containing diapers
sold in New York State contain a clear list of all ingredients, with
diaper components listed out by percentage. The legislation establishes
a civil penalty of one percent of the manufacturer's total amount of in
state sales. This legislation is intended to safeguard the health and
wellness of newborns and toddlers statewide, against the risks of
prolonged exposure to volatile chemicals.

 
LEGISLATIVE HISTORY:

2021-22: A.3617 - Referred to Consumer Affairs and Protection; S.8036
-Consumer Protection

2019-20: A.6561 - Referred to Consumer Affairs and Protection

 
FISCAL IMPLICATIONS:
Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S2279A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2279--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law, in  relation  to  labeling  of
   ingredients of diapers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-aaaaaa to read as follows:
   § 399-AAAAAA. DIAPER LABELING. 1. FOR PURPOSES OF THIS SECTION:
   (A) "INGREDIENT" SHALL MEAN A SUBSTANCE PRESENT IN ANY QUANTITY  IN  A
 DIAPER;
   (B)  "DIAPER" SHALL MEAN A TYPE OF UNDERWEAR THAT ALLOWS THE WEARER TO
 DEFECATE OR URINATE WITHOUT  THE  USE  OF  A  TOILET,  BY  ABSORBING  OR
 CONTAINING  WASTE  PRODUCTS  TO PREVENT SOILING OF OUTER CLOTHING OR THE
 EXTERNAL ENVIRONMENT. THESE PRODUCTS MAY BE EITHER DISPOSABLE  OR  REUS-
 ABLE.
   2.  EACH  PACKAGE  OR  BOX CONTAINING DIAPERS SOLD IN THIS STATE SHALL
 CONTAIN A PLAIN AND CONSPICUOUS PRINTED LIST  OF  ALL  INGREDIENTS  WITH
 PERCENTAGES  OF THE COMPONENTS OF THE DIAPER.  SUCH LIST SHALL EITHER BE
 PRINTED ON THE PACKAGE OR AFFIXED THERETO.
   3. THE REQUIREMENTS OF THIS SECTION SHALL APPLY  IN  ADDITION  TO  ANY
 OTHER  LABELING REQUIREMENTS ESTABLISHED PURSUANT TO ANY OTHER PROVISION
 OF LAW.
   4. WHENEVER A VIOLATION OF THIS SECTION HAS OCCURRED, A CIVIL  PENALTY
 OF ONE PERCENT OF THE MANUFACTURER'S TOTAL ANNUAL IN-STATE SALES NOT  TO
 EXCEED  ONE THOUSAND DOLLARS PER PACKAGE OR BOX SHALL BE IMPOSED  ON THE
 MANUFACTURER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01282-03-3

 S. 2279--A                          2
 
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

2023-S2279B - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-aaaaaa, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8036

2023-S2279B - Summary

2023-S2279B - Sponsor Memo

                                 
BILL NUMBER: S2279B

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to labeling of
ingredients of diapers

 
PURPOSE:

This bill requires labeling of ingredients on packages or boxes of
diapers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the general business law by adding a new section
399-aaaa providing for diaper labeling.

Section two sets forth the effective date.

 
JUSTIFICATION:

Babies and toddlers wear diapers around the clock. A typical child will
wear thousands of diapers during their lifetime. Unless cloth or organic
diapers are used, however, consumers have no idea what chemicals are
present in disposable diapers because product packaging is not required
to contain ingredient labeling.

A new line of research suggests that the chemical composition of certain
diapers could pose serious, long term risks to infant health and their
developing bodies. One report published in the medical journal, Repro-
ductive Toxicology, suggests that the concentration of volatile organic
compounds (including methylene chloride, toluene and xylene) in commonly
used disposable diapers could be significantly higher than the concen-
tration found in common commercial plastic products. Unlike plastic
products like nippy cups, disposable diapers are in direct and constant
contact with infant and toddler external genitalia and mucus membranes.

Consumers have a right to know whether the products they put on their
children's bodies are safe. Requiring product ingredient labeling will
provide consumers with information that is vital to their purchasing
decisions, and potentially their children's health.

This legislation requires that every package or box containing diapers
sold in New York State contain a clear list of all ingredients, with
diaper components listed out by percentage. The legislation establishes
a civil penalty of one percent of the manufacturer's total amount of in
state sales. This legislation is intended to safeguard the health and
wellness of newborns and toddlers statewide, against the risks of
prolonged exposure to volatile chemicals.

 
LEGISLATIVE HISTORY:

2021-22: A.3617 - Referred to Consumer Affairs and Protection; S.8036
-Consumer Protection

2019-20: A.6561 - Referred to Consumer Affairs and Protection

 
FISCAL IMPLICATIONS:
Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S2279B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2279--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the general business law, in relation to labeling of
   ingredients of diapers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-aaaaaa to read as follows:
   § 399-AAAAAA. DIAPER LABELING. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "INGREDIENT"  SHALL MEAN AN INTENTIONALLY ADDED SUBSTANCE PRESENT
 IN A DIAPER;
   (B) "DIAPER" SHALL  MEAN  A  TYPE  OF  UNDERWEAR  THAT  ABSORBS  WASTE
 PRODUCTS  TO  PREVENT SOILING OF OUTER CLOTHING OR THE EXTERNAL ENVIRON-
 MENT WITHOUT THE USE OF A TOILET.
   2. NO LATER THAN TWELVE  MONTHS  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION, EACH PACKAGE OR BOX CONTAINING DIAPERS SOLD IN THIS STATE SHALL
 CONTAIN  A  PLAIN  AND CONSPICUOUS PRINTED LIST OF ALL INGREDIENTS WHICH
 SHALL BE LISTED IN ORDER OF PREDOMINANCE.   SUCH LIST  SHALL  EITHER  BE
 PRINTED ON THE PACKAGE OR AFFIXED THERETO.
   3.  THE  REQUIREMENTS  OF  THIS SECTION SHALL APPLY IN ADDITION TO ANY
 OTHER LABELING REQUIREMENTS ESTABLISHED PURSUANT TO ANY OTHER  PROVISION
 OF LAW.
   4. WHENEVER A VIOLATION OF THIS SECTION HAS OCCURRED, A CIVIL  PENALTY
 OF  ONE PERCENT OF THE MANUFACTURER'S TOTAL ANNUAL IN-STATE SALES NOT TO
 EXCEED ONE THOUSAND DOLLARS PER PACKAGE OR BOX SHALL BE IMPOSED  ON  THE
 MANUFACTURER.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01282-05-3

co-Sponsors

2023-S2279C - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-aaaaaa, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8036

2023-S2279C - Summary

2023-S2279C - Sponsor Memo

                                 
BILL NUMBER: S2279C

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to labeling of
ingredients of diapers

 
PURPOSE:

This bill requires labeling of ingredients on packages or boxes of
diapers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the general business law by adding a new section
399-aaaa providing for diaper labeling.

Section two sets forth the effective date.

 
JUSTIFICATION:

Babies and toddlers wear diapers around the clock. A typical child will
wear thousands of diapers during their lifetime. Unless cloth or organic
diapers are used, however, consumers have no idea what chemicals are
present in disposable diapers because product packaging is not required
to contain ingredient labeling.

A new line of research suggests that the chemical composition of certain
diapers could pose serious, long term risks to infant health and their
developing bodies. One report published in the medical journal, Repro-
ductive Toxicology, suggests that the concentration of volatile organic
compounds (including methylene chloride, toluene and xylene) in commonly
used disposable diapers could be significantly higher than the concen-
tration found in common commercial plastic products. Unlike plastic
products like nippy cups, disposable diapers are in direct and constant
contact with'infant and toddler external genitalia and mucus membranes.

Consumers have a right to know whether the products they put on their
children's bodies are safe. Requiring product ingredient labeling will
provide consumers with information that is vital to their purchasing
decisions, and potentially their children's health.

This legislation requires that every package or box containing diapers
sold in New York State contain a clear list of all ingredients, with
diaper components listed out by percentage. The legislation establishes
a civil penalty of one percent of the manufacturer's total amount of in
state sales. This legislation is intended to safeguard the health and
wellness of newborns and toddlers statewide, against the risks of
prolonged exposure to volatile chemicals.

 
LEGISLATIVE HISTORY:the legislation includes

2023: C-Print Amended (6.5.23) clarifies that incontinence pads

2021-22: A.3617 - Referred to Consumer Affairs and Protection; S.8036
-Consumer Protection.

2019-20: A.6561 - Referred to Consumer Affairs and Protection
 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S2279C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2279--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the general business law, in relation to labeling of
   ingredients of diapers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-aaaaaa to read as follows:
   § 399-AAAAAA. DIAPER LABELING. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "INGREDIENT"  SHALL MEAN AN INTENTIONALLY ADDED SUBSTANCE PRESENT
 IN A DIAPER;
   (B) "DIAPER" SHALL MEAN A TYPE OF GARMENT OR PRODUCT INSERTED  INTO  A
 GARMENT  FOR  THE PURPOSE OF ABSORBING WASTE PRODUCTS TO PREVENT SOILING
 OF OUTER CLOTHING OR THE EXTERNAL  ENVIRONMENT  WITHOUT  THE  USE  OF  A
 TOILET. THESE PRODUCTS MAY BE EITHER DISPOSABLE OR REUSABLE.
   2.  NO  LATER  THAN  TWELVE  MONTHS  AFTER  THE EFFECTIVE DATE OF THIS
 SECTION, EACH PACKAGE OR BOX CONTAINING DIAPERS SOLD IN THIS STATE SHALL
 CONTAIN A PLAIN AND CONSPICUOUS PRINTED LIST OF  ALL  INGREDIENTS  WHICH
 SHALL  BE  LISTED  IN ORDER OF PREDOMINANCE.   SUCH LIST SHALL EITHER BE
 PRINTED ON THE PACKAGE OR AFFIXED THERETO.
   3. THE REQUIREMENTS OF THIS SECTION SHALL APPLY  IN  ADDITION  TO  ANY
 OTHER  LABELING REQUIREMENTS ESTABLISHED PURSUANT TO ANY OTHER PROVISION
 OF LAW.
   4. WHENEVER A VIOLATION OF THIS SECTION HAS OCCURRED, A CIVIL  PENALTY
 OF ONE PERCENT OF THE MANUFACTURER'S TOTAL ANNUAL IN-STATE SALES NOT  TO
 EXCEED  ONE THOUSAND DOLLARS PER PACKAGE OR BOX SHALL BE IMPOSED  ON THE
 MANUFACTURER.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01282-09-3

co-Sponsors

2023-S2279D (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-aaaaaa, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8036

2023-S2279D (ACTIVE) - Summary

2023-S2279D (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2279D

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to labeling of
ingredients of diapers

 
PURPOSE:

This bill requires labeling of ingredients on packages or boxes of
diapers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the general business law by adding a new section
399-aaaa providing for diaper labeling.

Section two sets forth the effective date.

 
JUSTIFICATION:

Babies and toddlers wear diapers around the clock. A typical child will
wear thousands of diapers during their lifetime. Unless cloth or organic
diapers are used, however, consumers have no idea what chemicals are
present in disposable diapers because product packaging is not required
to contain ingredient labeling.

A new line of research suggests that the chemical composition of certain
diapers could pose serious, long-term risks to infant health and their
developing bodies. One report published in the medical journal, Repro-
ductive Toxicology, suggests that the concentration of volatile organic
compounds (including methylene chloride, toluene and xylene) in commonly
used disposable diapers could be significantly higher than the concen-
tration found in common commercial plastic products. Unlike plastic
products like nippy cups, disposable diapers are in direct and constant
contact with infant and toddler external genitalia and mucus membranes.

Consumers have a right to know whether the products they put on their
children's bodies are safe. Requiring product ingredient labeling will
provide consumers with information that is vital to their purchasing
decisions, and potentially their children's health.

This legislation requires that every package or box containing diapers
sold in New York State contain a clear list of all ingredients, with
diaper components listed out by percentage. The legislation establishes
a civil penalty of one percent of the manufacturer's total amount of in
state sales. This legislation is intended to safeguard the health and
wellness of newborns and toddlers statewide, against the risks of
prolonged exposure to volatile chemicals.

 
LEGISLATIVE HISTORY:

2023: S.2279-C Passed The Senate.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Immediate.

2023-S2279D (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2279--D
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced by Sens. CLEARE, BROUK -- read twice and ordered printed, and
   when  printed  to be committed to the Committee on Consumer Protection
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Consumer  Protection  in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the general business law, in relation to labeling of
   ingredients of diapers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-aaaaaa to read as follows:
   § 399-AAAAAA. DIAPER LABELING. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "INGREDIENT"  SHALL MEAN AN INTENTIONALLY ADDED SUBSTANCE PRESENT
 IN A DIAPER;
   (B) "DIAPER" SHALL MEAN A TYPE OF GARMENT OR PRODUCT INSERTED  INTO  A
 GARMENT  FOR  THE PURPOSE OF ABSORBING WASTE PRODUCTS TO PREVENT SOILING
 OF OUTER CLOTHING OR THE EXTERNAL  ENVIRONMENT  WITHOUT  THE  USE  OF  A
 TOILET. THESE PRODUCTS MAY BE EITHER DISPOSABLE OR REUSABLE.
   2.  NO  LATER  THAN  EIGHTEEN  MONTHS AFTER THE EFFECTIVE DATE OF THIS
 SECTION, EACH PACKAGE OR BOX CONTAINING DIAPERS SOLD IN THIS STATE SHALL
 CONTAIN A PLAIN AND CONSPICUOUS PRINTED LIST OF  ALL  INGREDIENTS  WHICH
 SHALL  BE  LISTED  IN ORDER OF PREDOMINANCE.   SUCH LIST SHALL EITHER BE
 PRINTED ON THE PACKAGE OR AFFIXED THERETO.
   3. THE REQUIREMENTS OF THIS SECTION SHALL APPLY  IN  ADDITION  TO  ANY
 OTHER  LABELING REQUIREMENTS ESTABLISHED PURSUANT TO ANY OTHER PROVISION
 OF LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01282-10-4

 S. 2279--D                          2
 
   4. WHENEVER A VIOLATION OF THIS SECTION HAS OCCURRED, A CIVIL  PENALTY
 OF ONE PERCENT OF THE MANUFACTURER'S TOTAL ANNUAL IN-STATE SALES NOT  TO
 EXCEED  ONE THOUSAND DOLLARS PER PACKAGE OR BOX SHALL BE IMPOSED  ON THE
 MANUFACTURER.
   § 2. This act shall take effect immediately.

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Senate Bill S2279A

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

Jun 8, 2023 - Floor Vote

Floor Vote: Jun 8, 2023

Jun 7, 2023 - Rules Committee Vote

Rules Committee Vote: Jun 7, 2023

Bill Amendments

2023-S2279 - Details

2023-S2279 - Summary

2023-S2279 - Sponsor Memo

2023-S2279 - Bill Text download pdf

2023-S2279A - Details

2023-S2279A - Summary

2023-S2279A - Sponsor Memo

2023-S2279A - Bill Text download pdf

2023-S2279B - Details

2023-S2279B - Summary

2023-S2279B - Sponsor Memo

2023-S2279B - Bill Text download pdf

co-Sponsors

2023-S2279C - Details

2023-S2279C - Summary

2023-S2279C - Sponsor Memo

2023-S2279C - Bill Text download pdf

co-Sponsors

2023-S2279D (ACTIVE) - Details

2023-S2279D (ACTIVE) - Summary

2023-S2279D (ACTIVE) - Sponsor Memo

2023-S2279D (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2279A

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Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2023-S2279 - Details

2023-S2279 - Summary

2023-S2279 - Sponsor Memo

2023-S2279 - Bill Text download pdf

2023-S2279A - Details

2023-S2279A - Summary

2023-S2279A - Sponsor Memo

2023-S2279A - Bill Text download pdf

2023-S2279B - Details

2023-S2279B - Summary

2023-S2279B - Sponsor Memo

2023-S2279B - Bill Text download pdf

co-Sponsors

Samra G. Brouk

2023-S2279C - Details

2023-S2279C - Summary

2023-S2279C - Sponsor Memo

2023-S2279C - Bill Text download pdf

co-Sponsors

Samra G. Brouk

2023-S2279D (ACTIVE) - Details

2023-S2279D (ACTIVE) - Summary

2023-S2279D (ACTIVE) - Sponsor Memo

2023-S2279D (ACTIVE) - Bill Text download pdf

Comments