NY State Senate Bill 2023-S5297

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection
Mar 01, 2023	referred to consumer protection

2023-S5297 (ACTIVE) - Details

See Assembly Version of this Bill:: A7868
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-rr, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8544
2021-2022: A2156

2023-S5297 (ACTIVE) - Summary

Relates to the full disclosure of ingredients in certain products.

2023-S5297 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5297

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the general business law, in relation to the full
disclosure of ingredients in certain products

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit the use of generic terms, such as fragrance,
dye, colorant, perfume, or preservatives, in ingredients of personal
care products.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the general business law by adding a new section 399-
rr.

Section 2: This act shall take effect immediately.

JUSTIFICATION:

The terms "fragrance," "dye," "colorant," "perfume, " and "preserva-
tives" act as loopholes within the FDA's (Federal Drug Administration)
labeling requirements for personal care products. The justification for
the loopholes within the labeling process stems from the notion of
"trade secrets" that many companies have to protect their assets, as
well as preventing the labeling package from listing the possible
hundreds of ingredients that went into the aforementioned buzz words.

However, it must be noted that this ruling comes from the Fair Packaging
and Labeling Act of 1966. There have been many changes and advances in
chemicals since then. Now, as health consciousness is on the rise and we
are increasingly aware of the substances put on or in our bodies, the
general public has the right to a full disclosure of chemicals and
substances in products they are using.

This bill will prohibit companies from using generic terms such as
"fragrance," "dye," "colorant," "perfume", and "preservatives" instead
of disclosing the ingredients used. The above terms can only be utilized
in conjunction with the disclosure of ingredients used.  The importance
of transparency cannot be understated. A woman can use over 16,000
personal care products in their lifetime. While this may lead to an
abundance of ingredients listed in the product description, it is better
to know exactly what we are putting into our body than to be in the
dark.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: A2156

2019-2020: A8544

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5297 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5297
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 the full
   disclosure of ingredients in certain products
 
   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-rr to read as follows:
   §  399-RR.  PROHIBITION  OF  GENERIC  TERMS  IN INGREDIENTS OF CERTAIN
 PRODUCTS. 1. FOR PURPOSES OF THIS SECTION "PERSONAL CARE PRODUCT"  MEANS
 ARTICLES INTENDED TO BE RUBBED, POURED, SPRINKLED, OR SPRAYED ON, INTRO-
 DUCED  INTO,  OR OTHERWISE APPLIED TO THE HUMAN BODY OR ANY PART THEREOF
 FOR CLEANSING, BEAUTIFYING, PROMOTING ATTRACTIVENESS,  OR  ALTERING  THE
 APPEARANCE,  AND  ARTICLES  INTENDED  FOR USE AS A COMPONENT OF ANY SUCH
 ARTICLES; EXCEPT THAT SUCH TERM SHALL NOT INCLUDE SOAP.
   2. MANUFACTURERS  OF  PERSONAL  CARE  PRODUCTS  DISTRIBUTED,  SOLD  OR
 OFFERED  FOR  SALE  IN  THIS  STATE, WHETHER AT RETAIL OR WHOLESALE, FOR
 PERSONAL, PROFESSIONAL OR COMMERCIAL USE, OR DISTRIBUTED FOR PROMOTIONAL
 PURPOSES, SHALL NOT USE THE TERMS FRAGRANCE, COLORANT, DYE,  PERFUME  OR
 PRESERVATIVE  IN  LIEU  OF LISTING A CHEMICAL USED IN SUCH PRODUCTS. THE
 TERMS FRAGRANCE, COLORANT, DYE, PERFUME OR PRESERVATIVE MAY ONLY BE USED
 IF THE CHEMICAL CONSTITUTING SUCH INGREDIENT IS EXPLICITLY LISTED ON THE
 LABEL OF SUCH PRODUCT.  ALL CHEMICALS PRESENT IN PERSONAL CARE  PRODUCTS
 SOLD OR OFFERED FOR SALE IN THIS STATE SHALL BE INCLUDED IN THE INGREDI-
 ENTS LIST ON THE LABEL OF SUCH PRODUCTS.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00106-01-3

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Senate Bill S5297

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

2023-S5297 (ACTIVE) - Details

2023-S5297 (ACTIVE) - Summary

2023-S5297 (ACTIVE) - Sponsor Memo

2023-S5297 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5297

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Consumer Protection Committee

2023-S5297 (ACTIVE) - Details

2023-S5297 (ACTIVE) - Summary

2023-S5297 (ACTIVE) - Sponsor Memo

2023-S5297 (ACTIVE) - Bill Text download pdf

Comments