S T A T E O F N E W Y O R K
________________________________________________________________________
2057
2025-2026 Regular Sessions
I N S E N A T E
January 15, 2025
___________
Introduced by Sens. WEBB, RIVERA, ADDABBO, BRISPORT, BROUK, CLEARE,
FERNANDEZ, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL,
JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, PERSAUD, S. RYAN, SALA-
ZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental 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 "beauty justice 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01853-01-5
S. 2057 2
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.
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 12 to read as follows:
TITLE XII
BEAUTY JUSTICE ACT
SECTION 37-1201. DEFINITIONS.
37-1203. SALES PROHIBITION.
37-1205. IDENTIFICATION OF SAFER ALTERNATIVES.
37-1207. REGULATIONS.
§ 37-1201. 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 OR COSMETIC 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
S. 2057 3
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. "RESTRICTED SUBSTANCE" SHALL MEAN THE FOLLOWING:
(A) THE FOLLOWING HEAVY METALS AND ANY COMPOUNDS CONTAINING THE
FOLLOWING HEAVY METALS: ARSENIC (CAS 7440-38-2), CADMIUM (CAS
7440-43-9), CADMIUM COMPOUNDS, CHROMIUM (CAS 7440-47-3), LEAD (CAS
7439-92-1), LEAD COMPOUNDS, NICKEL (CAS 7440-02-0) AND SELENIUM (CAS
7782-49-2);
(B) BUTYL- (CAS 94-26-8), ETHYL- (CAS 120-47-8), ISOBUTYL- (CAS 4247-
02-3), ISOPROPYL- (CAS 4191-73-5), METHYL- (CAS 99-76-3), AND PROPYL
PARABEN (CAS 94-13-3);
(C) ORTHO-PHTHALATES AND THEIR ESTERS;
(D) PER- AND POLYFLUOROALKYL SUBSTANCES, AS DEFINED IN SUBDIVISION
SEVEN OF SECTION 37-0101 OF THIS ARTICLE, DETECTED BY TOTAL ORGANIC
FLUORINE ANALYSIS;
(E) FORMALDEHYDE (CAS 50-00-0) AND FORMALDEHYDE RELEASERS SUCH AS:
PARAFORMALDEHYDE (CAS 30525-89-4), QUATERNIUM-15 (CAS 51229-78-8),
DIAZOLIDINYL UREA (CAS 78491-02-8), DMDM HYDANTOIN (CAS 6440-58-0),
METHYLENE GLYCOL (CAS 463-57-0), IMIDAZOLIDINYL UREA (CAS 39236-46-9),
AND SODIUM HYDROXYMETHYLGLYCINATE (CAS 70161-44-3), PROVIDED THAT IN THE
CASE OF ANY FORMALDEHYDE RELEASER, TREATMENT AS A RESTRICTED SUBSTANCE
SHALL BE SUBJECT TO SUBDIVISION THREE OF SECTION 37-1203 OF THIS TITLE;
(F) BENZOPHENONE (CAS 119-61-9), BENZOPHENONE-1 (CAS 131-56-6), BENZO-
PHENONE-2 (CAS 131-55-5), BENZOPHENONE-3 (CAS 131-57-7),
2,4-DIHYDROXYBENZOPHENONE (CAS 131-56-6), AND RESBENZOPHENONE;
(G) BENZENE (CAS 71-43-2), CARBON BLACK (CAS 1333-86-4), COAL TAR (CAS
8007-45-2), ETHYLENE OXIDE (CAS 75-21-8), TOLUENE (CAS 108-88-3),
NAPHTHALENE (CAS 91-20-3), NICKEL (METALLIC) (CAS 7440-02-0), STYRENE
(CAS 100-42-5), AND XYLENE (CAS 1330-20-7);
(H) ASBESTOS (CAS 1332-21-4) AND TALC (CAS 14807-96-6);
(I) BUTYLATED HYDROXYTOLUENE (BHT) (CAS 128-37-0) AND BUTYLATED
HYDROXYANISOLE (BHA) (CAS 121-00-6);
(J) CYCLOTETRASILOXANE (CAS 556-67-2);
(K) M-PHENYLENEDIAMINE (CAS 108-45-2) AND O-PHENYLENEDIAMINE (CAS
95-54-5);
(L) TRICLOSAN (CAS 3380-34-5), TRICLOCARBAN (CAS 101-20-2), AND NONYL-
PHENOL (CAS 68412-54-4); AND
(M) DIETHANOLAMINE (CAS 111-42-2) AND TRIETHANOLAMINE (CAS 102-71-6).
§ 37-1203. SALES PROHIBITION.
1. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-NINE, NO PERSON SHALL
SELL OR OFFER FOR SALE IN THIS STATE A PERSONAL CARE PRODUCT OR COSMETIC
PRODUCT CONTAINING A RESTRICTED SUBSTANCE AS AN INTENTIONALLY ADDED
INGREDIENT IN ANY AMOUNT.
2. IN ADDITION TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
TWO YEARS AFTER THE DEPARTMENT'S ADOPTION OF THE REGULATIONS REQUIRED BY
SECTION 37-1207 OF THIS TITLE, SUCH PRODUCT SHALL NOT CONTAIN A
S. 2057 4
RESTRICTED SUBSTANCE PRESENT AS A NONFUNCTIONAL BYPRODUCT OR NONFUNC-
TIONAL CONTAMINANT IN A COSMETIC PRODUCT OR PERSONAL CARE PRODUCT OR A
COMPONENT THEREOF AT OR ABOVE A LEVEL THAT THE DEPARTMENT SHALL ESTAB-
LISH IN REGULATION THAT IS THE LOWEST LEVEL THAT CAN FEASIBLY BE
ACHIEVED; PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL REVIEW SUCH LEVEL
EVERY FIVE YEARS TO DETERMINE WHETHER IT SHOULD BE LOWERED.
3. (A) THE DEPARTMENT'S DETERMINATIONS REGARDING CHEMICALS THAT
RELEASE FORMALDEHYDE, PURSUANT TO PARAGRAPH (E) OF SUBDIVISION SEVEN OF
SECTION 37-1201 OF THIS TITLE, SHALL BE ADOPTED BY REGULATION. THE
DEPARTMENT SHALL IDENTIFY A LIST OF CHEMICALS USED IN COSMETIC PRODUCTS
AND PERSONAL CARE PRODUCTS THAT RELEASE FORMALDEHYDE THAT MAY BE DEEMED
RESTRICTED SUBSTANCES AND SUBJECT TO THE SALES RESTRICTIONS OF SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION. IN ESTABLISHING SUCH LIST, THE
DEPARTMENT SHOULD CONSIDER: (I) ESTIMATED PREVALENCE OF USE; (II) POTEN-
TIAL TO REDUCE DISPROPORTIONATE EXPOSURE; AND (III) OTHER INFORMATION
DEEMED RELEVANT BY THE DEPARTMENT.
(B) THE DEPARTMENT MAY IDENTIFY FOR RESTRICTION AN INITIAL SET OF NO
MORE THAN TEN OF THE LISTED CHEMICALS USED IN PERSONAL CARE PRODUCTS AND
COSMETIC PRODUCTS THAT RELEASE FORMALDEHYDE. ANY INITIAL CLASSIFICATION
AS RESTRICTED SUBSTANCES SHALL TAKE EFFECT ONE YEAR AFTER THE DEPART-
MENT'S ADOPTION OF REGULATIONS REQUIRED BY THIS SUBDIVISION AND BE
SUBJECT TO THE SALES RESTRICTIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION.
(C) CLASSIFICATION AS RESTRICTED SUBSTANCES ON THE REMAINING LISTED
CHEMICALS USED IN PERSONAL CARE PRODUCTS AND COSMETIC PRODUCTS THAT
RELEASE FORMALDEHYDE MAY TAKE EFFECT TWO YEARS AFTER THE DEPARTMENT'S
ADOPTION OF REGULATIONS REQUIRED BY THIS SUBDIVISION AND SHALL BE
SUBJECT TO THE SALES RESTRICTIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION.
(D) THE DEPARTMENT MAY CONDUCT ADDITIONAL RULEMAKING ACTIVITIES TO
DEVELOP SUPPLEMENTAL LISTS OF CHEMICALS THAT RELEASE FORMALDEHYDE AND
ADOPT ADDITIONAL RESTRICTIONS NECESSARY TO PROTECT THE HEALTH AND SAFETY
OF PRODUCT USERS.
4. (A) NO PERSON THAT SELLS OR OFFERS FOR SALE ANY PERSONAL CARE PROD-
UCT OR COSMETIC PRODUCT SHALL BE HELD IN VIOLATION OF THIS SECTION IF
THEY CAN SHOW THAT THEY RELIED IN GOOD FAITH ON THE WRITTEN ASSURANCE OF
THE MANUFACTURER THAT SUCH PERSONAL CARE PRODUCT OR COSMETIC PRODUCT
MEETS THE REQUIREMENTS OF THIS TITLE. SUCH WRITTEN ASSURANCE SHALL TAKE
THE FORM OF A CERTIFICATE OF COMPLIANCE STATING THAT THE PERSONAL CARE
PRODUCT OR COSMETIC PRODUCT IS IN COMPLIANCE WITH THE REQUIREMENTS OF
THIS TITLE. THE CERTIFICATE OF COMPLIANCE SHALL BE SIGNED BY AN AUTHOR-
IZED OFFICIAL OF THE MANUFACTURER.
(B) IN ADDITION TO ANY OTHER APPLICABLE PENALTIES, IT SHALL BE A
VIOLATION OF THIS SECTION TO PROVIDE A CERTIFICATE OF COMPLIANCE AS
CONTEMPLATED BY THIS SUBDIVISION WHEN THE APPLICABLE PERSONAL CARE PROD-
UCT OR COSMETIC PRODUCT DOES NOT SATISFY THE LIMITATIONS ON THE PRESENCE
OF RESTRICTED SUBSTANCES SET FORTH IN THIS TITLE.
§ 37-1205. IDENTIFICATION OF SAFER ALTERNATIVES.
BY JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL MAKE USE OF EXISTING
INFORMATION TO IDENTIFY AND ASSESS THE HAZARDS OF CHEMICALS OR CHEMICAL
CLASSES THAT CAN PROVIDE THE SAME OR SIMILAR FUNCTION IN PERSONAL CARE
PRODUCTS AND COSMETIC PRODUCTS AS THE CHEMICALS OR CHEMICAL CLASSES
LISTED IN SECTION 37-1201 OF THIS TITLE AND THAT CAN IMPACT VULNERABLE
POPULATIONS. IN DOING SO THEY MAY CONSULT WITH THE NEW YORK STATE
S. 2057 5
POLLUTION PREVENTION INSTITUTE AND THE INTERSTATE CHEMICALS CLEARING-
HOUSE. THE DEPARTMENT SHALL MAKE SUCH INFORMATION PUBLICLY AVAILABLE.
§ 37-1207. REGULATIONS.
WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT
SHALL ADOPT RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF
THIS TITLE. WHEN ADOPTING SUCH RULES AND REGULATIONS, THE DEPARTMENT
SHALL CONSIDER:
(A) RELEVANT RESEARCH;
(B) LAWS AND POLICIES IN OTHER STATES; AND
(C) WHETHER THE PRESENCE OF A RESTRICTED SUBSTANCE AS A NONFUNCTIONAL
BYPRODUCT OR NONFUNCTIONAL CONTAMINANT HAS BEEN BANNED IN ANOTHER
STATE OR WITHIN THE UNITED STATES BECAUSE OF THE HEALTH EFFECTS OF SUCH
SUBSTANCE.
§ 4. Section 71-3703 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:
8. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY, SECTION 37-1203 OF THIS CHAPTER OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE FOR A
CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH DAY DURING
WHICH SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH
PERSON MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL
FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A
CIVIL PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH
DAY DURING WHICH SUCH VIOLATION CONTINUES.
§ 5. 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.
§ 6. 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.
