BILL NUMBER:  S5478

 TITLE OF BILL :
An act to amend the general business law, in relation to prohibiting
the manufacture, distribution or sale of nail polish and nail hardener
containing dibutyl phthalates (DBP), toluene, and formaldehyde and
prohibits the use of such nail polish and nail hardener by appearance
enhancement businesses


 PURPOSE OR GENERAL IDEA OF BILL :
This bill bans the manufacture, distribution, sale and use of nail
polish and nail hardeners that contain the "toxic three".

 SUMMARY OF SPECIFIC PROVISIONS :
Section one amends the general business law by adding a new section
399-tt. This section prohibits the manufacture, distribution, sale and
use of nail polish or nail hardener containing dibutyl phthalates
(DBP), toluene, and formaldehyde.

Section two sets out the effective date.

 JUSTIFICATION :
Personal care products like shampoo, conditioner, nail polish, lotion
and makeup are not regulated by the FDA or any other government
agency. It is both legal and common for companies to use ingredients
              

that are known or suspected to be carcinogens, mutagens, or
reproductive toxins in the their products.  Three of these ingredients
are especially prevalent and harmful:  dibutyl pthalates (DBP),
toluene and formaldehyde. Breathing DBP can irritate the nose and
throat and may adversely affect the nervous system; high exposure can
cause headaches, nausea, drowsiness and seizures.  Toluene appears on
several lists of chemicals known to cause cancer or reproductive
toxicity; exposure to it can result in damage to the brain, liver,
bone marrow and kidneys. Formaldehyde has been classified as a
probable human carcinogen by the Environmental Protection Agency.  The
"toxic three," as they are known, are found in most nail polishes and
hardeners in the United States. The European Union has already made it
illegal to include them in nail polishes and many manufacturers such
as OPI have taken them out of their products. This bill will make it
illegal to include dibutyl pthalates (DBP), toluene, and formaldehyde
in the manufacture of all nail polish and nail hardener in the state
of New York as well as prohibit the sale, distribution and use of nail
polish and hardener that includes these chemicals.  Such a ban is
essential in order to protect the health of the women who work at nail
salons, often for upwards of 10 hours a day without a break, as well
as the women who patronize nail salons, often accompanied by young
children.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.