1. The Laws of New York
  2. Consolidated Laws
  3. Environmental Conservation
  4. Article 37: Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment
  5. Title 1: Substances Hazardous to the Environment


Section 37-0117 Prohibition of cosmetic products and personal care products containing 1,4-dioxane

Environmental Conservation (ENV)

Prohibition of cosmetic products and personal care products

   containing 1,4-dioxane.

  1. The term "cosmetic product" shall mean any article (a) intended to be rubbed, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for beautifying, promoting attractiveness, or altering the appearance, and (b) intended for use as a component of any such article. The term "cosmetic product" shall not include any personal care product as defined in this section for which a prescription is required for distribution or dispensation as provided in section two hundred eighty-one of the public health law or section sixty-eight hundred ten of the education law.

  2. The term "personal care product" shall mean any product intended for cleaning or cleansing any part of the body, such as the skin and hair, and including but not limited to, hair shampoo, hair conditioner, soap, bath gels and other bath products. The term "personal care product" shall not include any product for which a prescription is required for distribution or dispensation as provided in section two hundred eighty-one of the public health law or section sixty-eight hundred ten of the education law.

  3. No person shall sell or offer for sale any cosmetic product containing 1,4-dioxane, other than such trace concentrations, that exceeds ten parts per million by December thirty-first, two thousand twenty-two.

  4. No person shall sell or offer for sale any personal care product containing 1,4-dioxane, other than such trace concentrations, as authorized by the commissioner, in consultation with the department of health, by regulation; and further, such trace concentrations for personal care products shall not exceed two parts per million by December thirty-first, two thousand twenty-two and one part per million by December thirty-first, two thousand twenty-three.

  5. No later then May first, two thousand twenty-five, and every two years thereafter, the department, in consultation with the department of health, shall review such trace concentration thresholds and determine whether such concentrations shall be lowered to better protect human health and the environment.

  6. The department is authorized to promulgate such rules and regulations as it shall deem necessary to implement the provisions of this section, including rules and regulations with respect to any allowable trace concentrations.

  7. A manufacturer of a cosmetic product or personal care product, otherwise subject to the requirements of this section, may apply to the department for a one-year waiver from such requirements for a specific cosmetic product or personal care product, and upon such proof that the manufacturer has taken steps to reduce the presence of 1,4-dioxane in that product and is unable to comply with the requirements of this section. Thereafter, a manufacturer may apply for one additional one-year waiver for such product, upon its satisfaction of such similar proof.

  * NB Effective January 1, 2022