S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3786
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. JAFFEE -- 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:
 § 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.
   § 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.
   § 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.
                                                            LBD01801-01-7
              

 A. 3786                             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.
   § 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.