Legislation

§ 399-aaaa. Menstrual product labeling. 1. For purposes of this
section:

(a) "ingredient" shall mean an intentionally added substance present
in the menstrual product;

* (b) "menstrual product" shall mean products used for the purpose of
catching menstruation and vaginal discharge, including but not limited
to tampons, pads, and menstrual cups. These products may be either
disposable or reusable.

* NB Effective until December 19, 2026

* (b) "menstrual product" shall mean products used for the purpose of
catching menstruation and vaginal discharge, including but not limited
to tampons, pads, and menstrual cups. These products may be either
disposable or reusable;

* NB Effective December 19, 2026

* (c) "restricted substance" shall mean an unsafe chemical for
inclusion 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 phthalate, butylphenyl methylpropional and
isobutyl-, isopropyl-, butyl-, propylparaben, and perfluoroalkyl and
polyfluoroalkyl substances;

* NB Effective December 19, 2026

* (d) "perfluoroalkyl and polyfluoroalkyl substances" shall mean a
class of fluorinated organic chemicals containing at least one fully
fluorinated carbon atom;

* NB Effective December 19, 2026

* (e) "intentionally added ingredient" shall mean any element or
compound that a manufacturer has intentionally added to a menstrual
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.

* NB Effective December 19, 2026

2. No later than eighteen months after this section shall have become
a law, each package or box containing menstrual products sold in this
state shall contain a plain and conspicuous printed list of all
ingredients which shall be listed in order of predominance. Such list
shall either be printed on the package or affixed thereto.

3. The requirements of this section shall apply in addition to any
other labeling requirements established pursuant to any other provision
of law.

* 4. Whenever a violation of this section has occurred, a civil
penalty of one percent of the manufacturer's total annual in-state sales
not to exceed one thousand dollars per package or box shall be imposed
on the manufacturer.

* NB Effective until December 19, 2026

* 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

(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
consultation with the department of environmental conservation, shall
establish in regulation that is the lowest level that can feasibly be
achieved; provided, however, that the department of health and
department 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.

* NB Effective December 19, 2026

* 5. Whenever a violation of this section has occurred, a civil
penalty of one percent of the manufacturer's total annual in-state sales
not to exceed one thousand dollars per package or box shall be imposed
on the manufacturer.

* NB Effective December 19, 2026