S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11164
 
                           I N  A S S E M B L Y
 
                               June 12, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Hyndman) --
   read once and referred  to  the  Committee  on  Consumer  Affairs  and
   Protection
 
 AN  ACT  to  amend the general business law, in relation to hair relaxer
   labeling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 391-u to read as follows:
   § 391-U. HAIR RELAXER LABELING. 1. FOR PURPOSES OF THIS SECTION:
   A. "HAIR RELAXER" SHALL MEAN ANY PRODUCT TOPICALLY APPLIED TO HAIR FOR
 THE  PURPOSE  OF WEAKENING THE STRUCTURE AND CURLINESS OF THE HAIR FIBER
 AND ALLOWING FOR A STRAIGHTENING OF THE HAIR;
   B. "MANUFACTURER" SHALL MEAN A PERSON, FIRM, ASSOCIATION,  PARTNERSHIP
 OR  CORPORATION  WHO  MANUFACTURES THE FINAL HAIR RELAXER OR WHOSE BRAND
 NAME IS AFFIXED TO THE PRODUCT. IN  THE  CASE  OF  A  PRODUCT  THAT  WAS
 IMPORTED INTO THE UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR
 FIRST  DOMESTIC  DISTRIBUTOR  OF THE PRODUCT IF THE ENTITY WHO CURRENTLY
 MANUFACTURES OR ASSEMBLES THE PRODUCT OR WHOSE BRAND NAME IS AFFIXED  TO
 THE PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES;
   C.  "CHEMICAL" SHALL MEAN A SUBSTANCE WITH A DISTINCT MOLECULAR COMPO-
 SITION OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES  AND  INCLUDES  THE
 BREAKDOWN  PRODUCTS  OF  THE  SUBSTANCE  OR SUBSTANCES THAT FORM THROUGH
 DECOMPOSITION, DEGRADATION OR METABOLISM;
   D. "CARCINOGEN" SHALL MEAN ANY CHEMICAL IDENTIFIED AS:
   (I) A "GROUP 1 CARCINOGEN" OR  "GROUP  2A  CARCINOGEN"  BY  THE  WORLD
 HEALTH ORGANIZATION OR INTERNATIONAL AGENCY FOR RESEARCH ON CANCER;
   (II)  "KNOWN  TO BE A HUMAN CARCINOGEN" AND "REASONABLY ANTICIPATED TO
 BE A HUMAN CARCINOGEN" BY THE SECRETARY OF THE UNITED STATES  DEPARTMENT
 OF  HEALTH AND HUMAN SERVICES PURSUANT TO THE PUBLIC HEALTH SERVICE ACT,
 42 UNITED STATES CODE, SECTION 241(B)(4), AS AMENDED; AND
   (III) "GROUP A CARCINOGENS" OR "GROUP B  CARCINOGENS"  BY  THE  UNITED
 STATES ENVIRONMENTAL PROTECTION AGENCY; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16018-02-8

 A. 11164                            2
 
   E.  "REPRODUCTIVE TOXICANT" IS ANY CHEMICAL IDENTIFIED AS REPRODUCTIVE
 OR A DEVELOPMENTAL TOXICANT BY:
   (I)  THE  UNITED  STATES  DEPARTMENT  OF  HEALTH  AND  HUMAN SERVICES,
 NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE EVALUATION OF RISKS TO HUMAN
 REPRODUCTION; OR
   (II) THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, OFFICE  OF  ENVI-
 RONMENTAL HEALTH HAZARD ASSESSMENT PURSUANT TO THE CALIFORNIA HEALTH AND
 SAFETY  CODE,  SAFE  DRINKING  WATER  AND TOXIC ENFORCEMENT ACT OF 1986,
 CHAPTER 6.6, SECTION 25249.8.
   2. ANY HAIR RELAXER BEING OFFERED FOR SALE IN THE STATE  OF  NEW  YORK
 THAT  CONTAINS  A  CARCINOGEN OR A REPRODUCTIVE TOXICANT SHALL PROVIDE A
 CLEAR AND CONSPICUOUS WARNING LABEL THAT NOTIFIES THE CONSUMER THAT SUCH
 HAIR RELAXER CONTAINS SUCH CHEMICALS. THE WARNING LABEL SHALL STATE:
   (I) IF A PRODUCT CONTAINS A CARCINOGEN: "THIS PRODUCT CONTAINS A CHEM-
 ICAL KNOWN TO CAUSE CANCER";
   (II) IF A PRODUCT CONTAINS  A  REPRODUCTIVE  TOXICANT:  "THIS  PRODUCT
 CONTAINS  A  CHEMICAL KNOWN TO CAUSE BIRTH DEFECTS OR OTHER REPRODUCTIVE
 HARM"; OR
   (III) IF A PRODUCT CONTAINS BOTH A CARCINOGEN AND A REPRODUCTIVE TOXI-
 CANT: "THIS PRODUCT CONTAINS CHEMICALS KNOWN TO CAUSE CANCER  AND  BIRTH
 DEFECTS OR OTHER REPRODUCTIVE HARM".
   3. THE STATE DEPARTMENT OF HEALTH SHALL DETERMINE THE SIZE AND FONT OF
 THE WARNING LABEL DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   4.  MANUFACTURERS  SHALL  BE  RESPONSIBLE  FOR  ENSURING THAT ALL HAIR
 RELAXERS DISPLAY THE WARNING LABEL AS DETERMINED BY THE STATE DEPARTMENT
 OF HEALTH PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   5. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
 VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
 JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
 INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND
 RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
 PERSON  HAS,  IN  FACT,  BEEN INJURED OR DAMAGED THEREBY.   WHENEVER THE
 COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE
 COURT MAY IMPOSE A CIVIL PENALTY OF ONE HUNDRED DOLLARS PER UNIT FOR THE
 FIRST OFFENSE, TWO HUNDRED FIFTY DOLLARS PER UNIT FOR THE SECOND OFFENSE
 AND FIVE HUNDRED DOLLARS  PER  UNIT  FOR  EACH  SUBSEQUENT  OFFENSE.  IN
 CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
 AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
 AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
 RULES.
   § 2. This act shall take effect eighteen 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 on or before
 such date.