S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5966
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M.  of A. LiPETRI, COLTON, MANKTELOW, McDONOUGH, RAYNOR,
   REILLY, PALUMBO, RAIA -- read once and referred to  the  Committee  on
   Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   banning certain chemicals from being  manufactured,  used,  or  stored
   within the state

   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  AGAINST  TRICLOSAN,  1,4-DIOXANE, ISOPHORONE, OR
              CYCLOHEXANONE.
   1. MANUFACTURING, PROCESSING, OR DISTRIBUTION. NO PERSON  SHALL  MANU-
 FACTURE,  PROCESS  OR  DISTRIBUTE  IN COMMERCE A PRODUCT, OR A PART OF A
 PRODUCT, CONTAINING TRICLOSAN, 1,4-DIOXANE,  ISOPHORONE,  CYCLOHEXANONE,
 OR ANY SYNONYM OF SUCH PRODUCTS. THIS RESTRICTION SHALL NOT APPLY TO THE
 USE  OF  ISOPHORONE  OR  CYCLOHEXANONE, OR ANY SYNONYM OF SUCH PRODUCTS,
 USED IN THE MANUFACTURE, PROCESS, OR DISTRIBUTION OF AN ITEM THAT CANNOT
 REASONABLY BE EXPECTED TO COME INTO USE BY AN INDIVIDUAL UNDER  THE  AGE
 OF EIGHTEEN.
   2.  ADMINISTRATION.  (A)  THE  COMMISSIONER  IS  HEREBY AUTHORIZED AND
 DIRECTED TO PRESCRIBE SUCH RULES AND REGULATIONS,  INCLUDING  PROVISIONS
 FOR  MAINTENANCE  OF  RECORDS RELATING TO PRODUCTS OR RELATED MATERIALS,
 AND FOR THE LABELING OF A PRODUCT OR RELATED MATERIAL, AS MAY BE  NECES-
 SARY  AND  PROPER FOR PURPOSES OF ADMINISTRATION AND ENFORCEMENT OF THIS
 SECTION.
   (B) THE COMMISSIONER IS HEREBY EMPOWERED TO ORDER  THE  RECALL  OF  OR
 CONFISCATION  OF CONSUMER PRODUCTS OFFERED FOR SALE THAT DO NOT MEET THE
 STANDARDS SET FORTH IN OR PURSUANT TO THIS SECTION.
   (C) THE COMMISSIONER MAY OBTAIN  FROM  ANY  PERSON  BY  REGULATION  OR
 SUBPOENA ISSUED PURSUANT THERETO, SUCH INFORMATION IN THE FORM OF TESTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04804-01-9

 A. 5966                             2
 
 MONY,  BOOKS, RECORDS, OR OTHER WRITINGS AS IS PERTINENT TO THE FINDINGS
 OR DETERMINATIONS WHICH HE OR SHE IS  REQUIRED  OR  AUTHORIZED  TO  MAKE
 PURSUANT  TO  THIS  SECTION.  ALL  INFORMATION  REPORTED TO OR OTHERWISE
 OBTAINED  BY  THE  COMMISSIONER OR HIS OR HER REPRESENTATIVE PURSUANT TO
 THIS SECTION THAT CONTAINS OR  RELATES  TO  A  TRADE  SECRET,  SHALL  BE
 CONSIDERED  CONFIDENTIAL,  EXCEPT THAT SUCH INFORMATION MAY BE DISCLOSED
 TO OTHER OFFICERS OR EMPLOYEES CONCERNED WITH CARRYING OUT THIS SECTION,
 OR WHEN RELEVANT IN ANY PROCEEDING UNDER THIS SECTION.
   3. GUARANTY. (A) (I) NO PERSON SHALL BE SUBJECT TO  PROSECUTION  UNDER
 THIS SECTION IF SUCH PERSON: (A) ESTABLISHES A GUARANTY RECEIVED IN GOOD
 FAITH SIGNED BY AND CONTAINING THE NAME AND ADDRESS OF THE PERSON RESID-
 ING  IN  THE  UNITED  STATES WHO SHALL BE RESPONSIBLE FOR THE PRODUCT OR
 RELATED MATERIAL; AND (B) ESTABLISHES THAT SUCH PRODUCT OR RELATED MATE-
 RIAL WILL BE USED FOR RESEARCH PURPOSES ONLY AND  SHALL  NOT  BE  INTRO-
 DUCED, SOLD OR TRANSPORTED IN COMMERCE.
   (II)  SUCH  GUARANTY  SHALL BE EITHER: (A) A SEPARATE GUARANTY SPECIF-
 ICALLY DESIGNATING THE PRODUCT, OR RELATED MATERIAL GUARANTEED, IN WHICH
 CASE IT MAY BE ON THE INVOICE OR OTHER PAPER RELATING TO  SUCH  PRODUCT,
 OR RELATED MATERIAL; (B) A CONTINUING GUARANTY FILED WITH THE DEPARTMENT
 OR  WITH  THE  FEDERAL  TRADE  COMMISSION  APPLICABLE TO ANY PRODUCT, OR
 RELATED MATERIAL HANDLED BY A GUARANTOR, IN SUCH FORM AS THE  DEPARTMENT
 OR  THE  FEDERAL TRADE COMMISSION BY RULES OR REGULATIONS MAY PRESCRIBE;
 OR (C) A CONTINUING GUARANTY GIVEN BY SELLER TO BUYER APPLICABLE TO  ANY
 PRODUCT,  OR RELATED MATERIAL SOLD OR TO BE SOLD TO BUYER BY SELLER IN A
 FORM AS THE DEPARTMENT OR THE FEDERAL TRADE COMMISSION BY RULES OR REGU-
 LATIONS MAY PRESCRIBE.
   (B) THE FURNISHING WITH RESPECT TO ANY PRODUCT, OR  RELATED  MATERIAL,
 OF  A  FALSE GUARANTY, EXCEPT BY A PERSON RELYING UPON A GUARANTY TO THE
 SAME EFFECT RECEIVED IN GOOD FAITH AND SIGNED BY AND CONTAINING THE NAME
 AND ADDRESS OF THE PERSON RESIDING IN THE  UNITED  STATES  BY  WHOM  THE
 PRODUCT, OR RELATED MATERIAL GUARANTEED WAS MANUFACTURED OR FROM WHOM IT
 WAS  RECEIVED,  WITH  REASON TO BELIEVE THE PRODUCT, OR RELATED MATERIAL
 FALSELY GUARANTEED MAY BE INTRODUCED, SOLD OR TRANSPORTED  IN  COMMERCE,
 IS UNLAWFUL.
   4.  EXCLUSIONS.  (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
 ANY COMMON CARRIER, CONTRACT CARRIER OR FREIGHT FORWARDER  WITH  RESPECT
 TO  A  PRODUCT,  OR  RELATED  MATERIAL SHIPPED OR DELIVERED FOR SHIPMENT
 THROUGH THE STATE FOR COMMERCE IN ANOTHER STATE OR COUNTRY.
   (B) AS USED IN  THIS  SECTION,  "DISTRIBUTE  IN  COMMERCE"  SHALL  NOT
 INCLUDE  THE RESALE OF PRODUCTS MANUFACTURED PRIOR TO JANUARY FIRST, TWO
 THOUSAND NINETEEN.
   5. VIOLATIONS. EACH PRODUCT, OR RELATED MATERIAL MADE, SOLD OR EXPOSED
 FOR SALE, SHALL CONSTITUTE A SEPARATE  VIOLATION.  A  VIOLATION  OF  ANY
 PROVISION  OF  THIS  SECTION OR ANY RULE OR REGULATION PROMULGATED HERE-
 UNDER IS A CLASS A MISDEMEANOR.
   6. SEVERABILITY. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE AND
 IF ANY PORTION THEREOF OR THE APPLICABILITY THEREOF  TO  ANY  PERSON  OR
 CIRCUMSTANCES SHALL BE HELD TO BE INVALID, THE REMAINDER OF THIS SECTION
 AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.