S T A T E   O F   N E W   Y O R K
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                                  4932

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced  by  M. of A. SCHIMEL, ENGLEBRIGHT, JAFFEE, TITONE, COLTON --
  Multi-Sponsored by -- M. of A. COOK, GLICK,  MOYA,  PERRY,  RIVERA  --
  read once and referred to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting  the  sale  of  cleaning  products  containing  triclosan,
  triclocarban or derivatives of such antibacterial compounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 37-0115 to read as follows:
S 37-0115. PROHIBITION OF TRICLOSAN, TRICLOCARBAN OR DERIVATIVES OF SUCH
             ANTIBACTERIAL COMPOUNDS.
  1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY  OR  CORPORATION  SHALL  SELL OR OFFER FOR SALE ANY CLEANING PRODUCTS
CONTAINING TRICLOSAN, TRICLOCARBAN, OR DERIVATIVES OF SUCH ANTIBACTERIAL
COMPOUNDS, WITHIN NEW YORK STATE, PROVIDED, HOWEVER, THAT  THIS  SECTION
SHALL  NOT  PROHIBIT  THE SALE OF PRODUCTS CONTAINING SUCH ANTIBACTERIAL
COMPOUNDS THAT ARE USED SOLELY IN MEDICAL FACILITIES.
  2. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  SUCH  RULES  AND  REGU-
LATIONS  AS  IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
  S 2. Section 37-0101 of the environmental conservation law is  amended
by adding a new subdivision 7 to read as follows:
  7.  "CLEANING  PRODUCTS"  MEANS,  BUT  ARE NOT LIMITED TO, DISHWASHING
LIQUIDS, LAUNDRY DETERGENTS, FABRIC SOFTENERS,  DISINFECTANTS,  SPONGES,
MOP  HEADS,  BROOMS, GARBAGE BAGS, CLEANING AGENTS, ANTIBACTERIAL SOAPS,
HAND SOAPS, BAR SOAPS, LIQUID SOAPS,  HAND  SANITIZERS,  SKIN  PURIFYING
WIPES,  BODY WASHES, FACIAL AND BODY CLEANSERS, SHAMPOOS, AND CONDITION-
ERS.
  S 3. Section 71-3703 of the environmental conservation law is  amended
by adding a new subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06171-01-5
              

A. 4932                             2

  4.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
COMPANY, OR CORPORATION WHO VIOLATES ANY OF THE  PROVISIONS  OF  SECTION
37-0115  OR ANY RULE OR REGULATION PROMULGATED PURSUANT HERETO, 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,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY, OR
CORPORATION MAY BE  ENJOINED  FROM  CONTINUING  SUCH  VIOLATION.    SUCH
PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY, OR
CORPORATION 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.
  S 4. This act shall take effect one year and six months after it shall
have become a law; provided, however,  that  effective  immediately  the
addition  and/or  repeal  of  any  rule  or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed  to  be made and completed on or before one year after this act
shall have become a law.