Senate Bill S8816

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8816
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to the restriction
   of certain substances in menstrual products; and to amend a chapter of
   the  laws  of  2025  amending the general business law relating to the
   restriction of certain substances in menstrual products,  as  proposed
   in  legislative  bills numbers S. 1548 and A. 1502, in relation to the
   effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (c) of subdivision 1 of section 399-aaaa of the
 general business law, as added by a chapter of the laws of 2025 amending
 the  general  business  law  relating  to  the  restriction  of  certain
 substances  in  menstrual  products,  as  proposed  in legislative bills
 numbers S. 1548 and A. 1502, is amended to read as follows:
   (c) "restricted substance" shall mean [an unsafe chemical  for  inclu-
 sion  in menstrual products as determined by the commissioner of health,
 which shall include, but not be limited to,] lead, mercury  and  related
 compounds,  formaldehyde,  triclosan,  toluene, talc, dibutyl phthalate,
 [di(2)exylhexyl]   DI(2-ETHYLHEXYL)   phthalate,   2-(4-TERTBUTYLBENZYL)
 PROPIONALDEHYDE  (ALSO  KNOWN AS butylphenyl methylpropional [and isobu-
 tyl-, isopropyl-, butyl-,]), ISOBUTYLPARABEN,  ISOPROPYLPARABEN,  BUTYL-
 PARABEN,   propylparaben,   and   perfluoroalkyl   and   polyfluoroalkyl
 substances;
   § 2. Subdivision 4 of section 399-aaaa of the general business law, as
 added by a chapter of the laws of 2025 amending the general business law
 relating to the restriction of certain substances in menstrual products,
 as proposed in legislative bills numbers S. 1548 and A. 1502, is amended
 to read as follows:
   4. No menstrual 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 contain[:
   (a)  as  of  the effective date,] a restricted substance present as an
 intentionally added ingredient at any level[; or

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

                                                            LBD04698-02-6
 S. 8816                             2

   (b) as of two years after thresholds are  established  in  regulation,
 but  no later than January first, two thousand twenty-nine, a restricted
 substance at or above a level that the department of health, in  consul-
 tation  with  the department of environmental conservation, shall estab-
 lish  in  regulation  that  is  the  lowest  level  that can feasibly be
 achieved; provided, however, that the department of health  and  depart-
 ment  of  environmental  conservation shall review such level every five
 years to determine whether it should be  lowered.  The  commissioner  of
 health  shall  promulgate regulations establishing these levels no later
 than a year after the effective date of this section].
   § 3. Section 3 of a chapter of the laws of 2025 amending  the  general
 business  law  relating  to  the  restriction  of  certain substances in
 menstrual products, as proposed in legislative bills numbers S. 1548 and
 A. 1502, is amended to read as follows:
   § 3. This act shall take effect twelve  months  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.]
   § 4. This act shall take effect immediately; provided,  however,  that
 sections  one and two of this act shall take effect on the same date and
 in the same manner as a chapter of the laws of 2025 amending the general
 business law relating  to  the  restriction  of  certain  substances  in
 menstrual products, as proposed in legislative bills numbers S. 1548 and
 A. 1502, takes effect.