S T A T E   O F   N E W   Y O R K
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                                  6295--A
                                                         Cal. No. 528
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT, GOTTFRIED, D. ROSENTHAL, BLAKE,
   SIMON,  ROMEO,  ARROYO,  THIELE,  ABINANTI,  D'URSO,  LIFTON,  STIRPE,
   JAFFEE,  DICKENS, GRIFFIN, SOLAGES, DE LA ROSA, EPSTEIN, COLTON, HYND-
   MAN, CRUZ, JEAN-PIERRE, L. ROSENTHAL, PICHARDO, OTIS, ZEBROWSKI, HUNT-
   ER, GALEF, DINOWITZ, GLICK, WILLIAMS, STECK, WEPRIN, NIOU, MAGNARELLI,
   CARROLL, ORTIZ, STERN, REYES,  MOSLEY,  PERRY,  PAULIN,  FAHY,  ASHBY,
   LUPARDO, BARRON, JONES -- Multi-Sponsored by -- M. of A. COOK, SAYEGH,
   WRIGHT  --  read  once  and referred to the Committee on Environmental
   Conservation -- reported and referred to the  Committee  on  Codes  --
   reported  and  referred to the Committee on Ways and Means -- reported
   from committee, advanced to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place on the order of third reading
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting  household  cleansing  products,  cosmetic  products   and
   personal care products that contain 1,4-dioxane
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 35-0105 of the environmental  conservation  law  is
 amended  by  adding  four  new  subdivisions  4,  5,  6 and 7 to read as
 follows:
   4. NO HOUSEHOLD CLEANSING PRODUCT SHALL BE DISTRIBUTED, SOLD,  OFFERED
 OR  EXPOSED FOR SALE IN THIS STATE WHICH CONTAINS 1,4-DIOXANE OTHER THAN
 SUCH TRACE CONCENTRATIONS; SUCH TRACE CONCENTRATIONS  SHALL  NOT  EXCEED
 TWO PARTS PER MILLION BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO;
 AND  FURTHER,  SHALL NOT EXCEED ONE PART PER MILLION BY DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-THREE.
   5. NO LATER THEN MAY FIRST, TWO THOUSAND TWENTY-FIVE,  AND  EVERY  TWO
 YEARS THEREAFTER, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
 HEALTH,  SHALL  REVIEW SUCH TRACE CONCENTRATION THRESHOLDS AND DETERMINE
 WHETHER SUCH CONCENTRATIONS SHALL BE LOWERED  TO  BETTER  PROTECT  HUMAN
 HEALTH AND THE ENVIRONMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10243-06-9

 A. 6295--A                          2
 
   6.  A MANUFACTURER OF A HOUSEHOLD CLEANSING PRODUCT, OTHERWISE SUBJECT
 TO THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION,  MAY  APPLY  TO
 THE  DEPARTMENT  FOR  A  ONE-YEAR  WAIVER  FROM  SUCH REQUIREMENTS FOR A
 SPECIFIC HOUSEHOLD CLEANSING PRODUCT, UPON SUCH PROOF THAT THE  MANUFAC-
 TURER  HAS  TAKEN  STEPS  TO  REDUCE THE PRESENCE OF 1,4-DIOXANE IN THAT
 PRODUCT AND IS UNABLE TO COMPLY WITH  THE  REQUIREMENTS  OF  SUBDIVISION
 FOUR  OF  THIS  SECTION.    THEREAFTER, A MANUFACTURER MAY APPLY FOR ONE
 ADDITIONAL ONE-YEAR WAIVER FOR SUCH PRODUCT, UPON SUCH THE  SATISFACTION
 OF SUCH SIMILAR PROOF.
   7.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
 SECTION,  INCLUDING  RULES AND REGULATIONS WITH RESPECT TO ANY ALLOWABLE
 TRACE CONCENTRATIONS, CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 37-0115 to read as follows:
 § 37-0115. PROHIBITION  OF  COSMETIC PRODUCTS AND PERSONAL CARE PRODUCTS
              CONTAINING 1,4-DIOXANE.
   1. THE TERM "COSMETIC PRODUCT" SHALL MEAN ANY ARTICLE (A) INTENDED  TO
 BE  RUBBED,  SPRINKLED,  OR  SPRAYED  ON,  INTRODUCED INTO, OR OTHERWISE
 APPLIED TO THE HUMAN BODY OR ANY PART THEREOF FOR BEAUTIFYING, PROMOTING
 ATTRACTIVENESS, OR ALTERING THE APPEARANCE, AND (B) INTENDED FOR USE  AS
 A  COMPONENT  OF ANY SUCH ARTICLE. THE TERM "COSMETIC PRODUCT" SHALL NOT
 INCLUDE ANY PERSONAL CARE PRODUCT AS DEFINED IN THIS SECTION FOR WHICH A
 PRESCRIPTION IS REQUIRED FOR DISTRIBUTION OR DISPENSATION AS PROVIDED IN
 SECTION TWO HUNDRED EIGHTY-ONE OF  THE  PUBLIC  HEALTH  LAW  OR  SECTION
 SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW.
   2.  THE  TERM  "PERSONAL CARE PRODUCT" SHALL MEAN ANY PRODUCT INTENDED
 FOR CLEANING OR CLEANSING ANY PART OF THE BODY, SUCH  AS  THE  SKIN  AND
 HAIR,  AND INCLUDING BUT NOT LIMITED TO, HAIR SHAMPOO, HAIR CONDITIONER,
 SOAP, BATH GELS AND OTHER BATH PRODUCTS.  THE TERM "PERSONAL CARE  PROD-
 UCT"  SHALL NOT INCLUDE ANY PRODUCT FOR WHICH A PRESCRIPTION IS REQUIRED
 FOR DISTRIBUTION OR DISPENSATION AS  PROVIDED  IN  SECTION  TWO  HUNDRED
 EIGHTY-ONE  OF  THE PUBLIC HEALTH LAW OR SECTION SIXTY-EIGHT HUNDRED TEN
 OF THE EDUCATION LAW.
   3. NO PERSON SHALL  SELL  OR  OFFER  FOR  SALE  ANY  COSMETIC  PRODUCT
 CONTAINING  1,4-DIOXANE,  OTHER  THAN  SUCH TRACE CONCENTRATIONS, NOT TO
 EXCEED TEN PARTS PER MILLION  BY  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-TWO.
   4.  NO  PERSON  SHALL SELL OR OFFER FOR SALE ANY PERSONAL CARE PRODUCT
 CONTAINING 1,4-DIOXANE, OTHER THAN SUCH TRACE CONCENTRATIONS, AS AUTHOR-
 IZED BY THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
 BY REGULATION; AND FURTHER, SUCH TRACE CONCENTRATIONS FOR PERSONAL  CARE
 PRODUCTS  SHALL  NOT  EXCEED  TWO  PARTS PER MILLION BY DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-TWO AND ONE  PART  PER  MILLION  BY  DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   5.  NO  LATER  THEN MAY FIRST, TWO THOUSAND TWENTY-FIVE, AND EVERY TWO
 YEARS THEREAFTER, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
 HEALTH, SHALL REVIEW SUCH TRACE CONCENTRATION THRESHOLDS  AND  DETERMINE
 WHETHER  SUCH  CONCENTRATIONS  SHALL  BE LOWERED TO BETTER PROTECT HUMAN
 HEALTH AND THE ENVIRONMENT.
   6. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  SUCH  RULES  AND  REGU-
 LATIONS  AS  IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION, INCLUDING RULES AND REGULATIONS WITH RESPECT TO  ANY  ALLOWABLE
 TRACE CONCENTRATIONS, CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
   7.  A  MANUFACTURER  OF  A  COSMETIC PRODUCT OR PERSONAL CARE PRODUCT,
 OTHERWISE SUBJECT TO THE REQUIREMENTS OF THIS SECTION, MAY APPLY TO  THE

 A. 6295--A                          3
 
 DEPARTMENT  FOR  A ONE-YEAR WAIVER FROM SUCH REQUIREMENTS FOR A SPECIFIC
 COSMETIC PRODUCT OR PERSONAL CARE PRODUCT, AND UPON SUCH PROOF THAT  THE
 MANUFACTURER  HAS  TAKEN  STEPS TO REDUCE THE PRESENCE OF 1,4-DIOXANE IN
 THAT  PRODUCT  AND  IS  UNABLE  TO  COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION.  THEREAFTER, A MANUFACTURER MAY APPLY FOR ONE  ADDITIONAL  ONE-
 YEAR  WAIVER  FOR  SUCH  PRODUCT,  UPON ITS SATISFACTION OF SUCH SIMILAR
 PROOF.
   § 3. Section 71-3703 of the environmental conservation law is  amended
 by adding a new subdivision 4 to read as follows:
   4.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
 PERFORM ANY DUTY IMPOSED BY 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 MAY BE ENJOINED FROM
 CONTINUING SUCH VIOLATION. SUCH PERSON 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 January 1, 2022. Effective immediate-
 ly, 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 and completed on or before such effective date.