S T A T E O F N E W Y O R K
2023-2024 Regular Sessions
I N S E N A T E
February 7, 2023
Introduced by Sens. WEBB, RIVERA, SALAZAR, BRESLIN, BRISPORT, CLEARE,
GOUNARDES, HARCKHAM, HOYLMAN-SIGAL, JACKSON, SANDERS, SERRANO -- 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 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
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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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and Vietnam, have stricter restrictions on chemicals in personal care
products than does the United States.
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:
SAFE PERSONAL CARE AND COSMETICS ACT
SECTION 37-1101. DEFINITIONS.
37-1103. PROMULGATION OF LISTS.
37-1105. SALES PROHIBITION.
§ 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
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
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PROCESS AT ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR AN INGREDI-
ENT'S SUPPLY CHAIN.
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-
(F) BENZOPHENONES, INCLUDING: BENZOPHENONE, BENZOPHENONE-1, BENZOPHE-
NONE-2, BENZOPHENONE-3, 2,4-DIHYDROXYBENZOPHENONE, RESBENZOPHENONE, AND
(G) KNOWN CARCINOGENS, INCLUDING BENZENE, CARBON BLACK, COAL TAR,
ETHYLENE OXIDE, TOLUENE, NAPHTHALENE, NICKEL (METALLIC), STYRENE, AND
(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
§ 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
1. THE PRODUCT SHALL NOT CONTAIN A RESTRICTED SUBSTANCE PRESENT AS AN
INTENTIONALLY ADDED INGREDIENT IN ANY AMOUNT.
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2. THE PRODUCT SHALL NOT CONTAIN A RESTRICTED SUBSTANCE PRESENT AS A
NONFUNCTIONAL BYPRODUCT OR NONFUNCTIONAL CONTAMINANT ABOVE THE PRACTICAL
§ 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
§ 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