NY State Senate Bill 2017-S1484

Senate Bill S1484

2017-2018 Legislative Session

Prohibits the manufacture, distribution, sale and use of nail polish and nail hardener containing certain dibutyl phthalates (DBP), toluene, or formaldehyde

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
Jan 09, 2017	referred to consumer protection

2017-S1484 (ACTIVE) - Details

See Assembly Version of this Bill:: A2210
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-tt, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7447
2011-2012: A1473
2013-2014: A710
2015-2016: S4088, A526
2019-2020: A1114
2021-2022: A2155
2023-2024: A787
2025-2026: A1954

2017-S1484 (ACTIVE) - Summary

Prohibits the manufacture, distribution and sale of nail polish and nail hardener containing certain dibutyl phthalates (DBP), toluene, or formaldehyde; prohibits the use of such nail polish and nail hardener by appearance enhancement businesses.

2017-S1484 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1484

 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

 SUMMARY OF 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 their products.

Three of these ingredients are especially prevalent and harmful:
dibutylpthalates (DBP), toluene and formaldehyde. Breathing DEP 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. All three are listed under the
California State Cosmetics Act as agents that can lead to cancer or
birth defects. Many manufacturers, such as OPI Products, have already
removed these three chemicals from their products. This bill will make
it illegal to include dibutyl pthalates (DEP), 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
employees who work at nail salons, often for upwards of 10 hours a day
without a break, as well as the customers who patronize nail salons,
often accompanied by young children.

 LEGISLATIVE HISTORY :

S.4088/A.526 of 2015-2016
A.710 of 2013-2014
A.1473 of 2011-2012
A.7447 of 2009-2010

 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.

2017-S1484 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1484
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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
 
   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
 399-tt to read as follows:
   § 399-TT. MANUFACTURE, DISTRIBUTION, SALE AND USE OF  NAIL  POLISH  OR
 NAIL  HARDENER CONTAINING DIBUTYL PHTHALATES (DBP), TOLUENE, AND FORMAL-
 DEHYDE PROHIBITED. 1. THE FOLLOWING SUBSTANCES SHALL  BE  PROHIBITED  IN
 THE MANUFACTURE, DISTRIBUTION AND SALE OF NAIL POLISH OR NAIL HARDENER:
   (A) DIBUTYL PHTHALATES (DBP);
   (B) TOLUENE; AND
   (C) FORMALDEHYDE.
   2.  IT  SHALL BE UNLAWFUL FOR APPEARANCE ENHANCEMENT BUSINESSES TO USE
 NAIL POLISH OR NAIL HARDENER CONTAINING:
   (A) DIBUTYL PHTHALATES (DBP);
   (B) TOLUENE; OR
   (C) FORMALDEHYDE.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01010-01-7

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