NY State Senate Bill 2019-S4389A

Senate Bill S4389A

Signed By Governor

2019-2020 Legislative Session

Relates to prohibiting household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 09, 2019	approval memo.34 signed chap.613 delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading cal.528 substituted for a6295a
Jun 19, 2019	referred to ways and means
Jun 18, 2019	delivered to assembly passed senate ordered to third reading cal.1548 committee discharged and committed to rules
Jun 14, 2019	print number 4389b
Jun 14, 2019	amend and recommit to environmental conservation
Jun 10, 2019	print number 4389a
Jun 10, 2019	amend (t) and recommit to environmental conservation
Mar 11, 2019	referred to environmental conservation

Votes

- Jun 18, 2019 - Floor Vote
  S4389A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 18, 2019 - Rules Committee Vote
  S4389A
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2019
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (1)
      
      Griffo

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-S4389 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§35-0105 & 71-3703, add §37-0115, En Con L

2019-S4389 - Summary

Prohibits household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane.

2019-S4389 - Sponsor Memo

                                
 
BILL NUMBER: S4389

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting household cleansing products and personal
cosmetic products that contain 1,4-dioxane

 
PURPOSE OR GENERAL IDEA OF BILL:

To help prevent water contamination from 1,4 Dioxane.

 
SUMMARY: OF PROVISIONS:

This bill would amend § 35-0105 of the Environmental Conservation Law to
prohibit the sale of household cleansing products containing
1,4-dioxane, add a new . 37-0115 to the Environmental Conservation Law
prohibiting the sale of personal cosmetic products containing
1,4-Dixoane, and amend § 71-3703 of the Environmental Conservation Law
to authorize civil penalties for violations.

JUSTIFICATION:

The Environmental Protection Agency (EPA) identifies 1,4-Dioxane as a
"likely carcinogen to humans." While health risks associated with
1,4-Dioxane are well documented, it is still found in many consumer
products where it is typically formed as a contaminant during the manu-
facturing process of cosmetics, detergents, deodorants, and shampoos.
Once used by consumers and washed down the drain, it enters local water
systems. Elevated levels of 1,4-Dioxane have been found in munici-
palities across the State, with EPA data showing that Long Island has
the highest levels detected in the entire country. On Long Island, 33 of
36 public water systems reported 1,4-Dioxane contamination, and one
source in Hicksville reported levels as high as 33 micrograms per liter.

Other state have already taken action on 1,4-Dioxane, with Oregon list-
ing 1,4-Dioxane as a high priority chemical of concern under its Toxic
Free Kids Act, which when fully implemented will require companies to
remove the chemical from products or seek a waiver.  California's Propo-
sition 65 list also includes 1,4-Dioxane, requiring clear and reasonable
warning if resulting exposure would exceed 30 micrograms per day.

This bill will reduce the amount of 1,4-Dioxane entering New York's
drinking water by prohibiting its presence, in other than trace amounts,
in cleansing and cosmetic products where it appears most often. Manufac-
turers of personal cosmetic products may apply to the Department for a
one-year waiver of the requirement upon proof that there are no avail-
able alternatives. To ensure compliance with these requirements, this
bill would also allow civil penalties of up to one thousand dollars for
each day of violation of section 37-01 15, up to two thousand five
hundred dollars each day for a second violation.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2021

2019-S4389 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4389
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting   household   cleansing  products  and  personal  cosmetic
   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 a new subdivision 4 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 AS MAY BE AUTHORIZED BY THE  COMMISSIONER,  IN
 CONSULTATION WITH THE DEPARTMENT OF HEALTH, BY REGULATIONS.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 37-0115 to read as follows:
 § 37-0115. PROHIBITION  OF   PERSONAL   COSMETIC   PRODUCTS   CONTAINING
              1,4-DIOXANE.
   1.  THE  TERM  "PERSONAL  COSMETIC PRODUCT" SHALL MEAN ANY ARTICLE (A)
 INTENDED TO BE RUBBED, POURED,  SPRINKLED,  OR  SPRAYED  ON,  INTRODUCED
 INTO,  OR  OTHERWISE  APPLIED  TO THE HUMAN BODY OR ANY PART THEREOF FOR
 CLEANSING,  BEAUTIFYING,  PROMOTING  ATTRACTIVENESS,  OR  ALTERING   THE
 APPEARANCE, AND (B) INTENDED FOR USE AS A COMPONENT OF ANY SUCH ARTICLE.
 THE  TERM  "PERSONAL COSMETIC PRODUCT" 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 SIX THOUSAND EIGHT HUNDRED TEN OF THE EDUCATION LAW.
   2. NO PERSON SHALL SELL OR OFFER FOR SALE ANY PERSONAL COSMETIC  PROD-
 UCT  CONTAINING 1,4-DIOXANE, OTHER THAN SUCH TRACE CONCENTRATIONS AS MAY
 BE AUTHORIZED BY THE COMMISSIONER, IN CONSULTATION WITH  THE  DEPARTMENT
 OF HEALTH, BY REGULATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10243-02-9

 S. 4389                             2
 
   3.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
 SECTION.
   4.  A  MANUFACTURER  OF A PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
 THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR A WAIVER OF  THE  REQUIRE-
 MENTS  FOR  A PERIOD OF ONE YEAR, UPON PROOF THAT THERE ARE NO AVAILABLE
 ALTERNATIVES TO 1,4-DIOXANE IN  A  PERSONAL  COSMETIC  PRODUCT  THAT  IS
 SUBJECT  TO THE PROVISIONS OF THIS SECTION. AFTER THE GRANTING OF SUCH A
 WAIVER TO A MANUFACTURER, IT MAY THEREAFTER APPLY FOR ONE ADDITIONAL ONE
 YEAR WAIVER.
   § 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 December 31, 2021.

co-Sponsors

View additional co-sponsors

2019-S4389A - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§35-0105 & 71-3703, add §37-0115, En Con L

2019-S4389A - Summary

Prohibits household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane.

2019-S4389A - Sponsor Memo

                                
 
BILL NUMBER: S4389A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To help prevent water contamination from 1,4 Dioxane.

 
SUMMARY OF PROVISIONS:

This bill would amend § 35-0105 of the Environmental Conservation Law to
prohibit the sale of household cleansing products containing
1,4-dioxane, add a new 37-0115 to the Environmental Conservation Law
limiting the sale of cosmetic products and personal care products with
certain levels of 1,4 Dioxane, and amend § 71-3703 of the Environmental
Conservation Law to authorize civil penalties for violations.

JUSTIFICATION:

The Environmental Protection Agency (EPA) identifies 1,4-Dioxane as a
"likely carcinogen to humans." While health risks associated with
1,4-Dioxane are well documented, it is still found in many consumer
products where it is typically formed as a contaminant during the manu-
facturing process of cosmetics, detergents, deodorants, and shampoos.
Once used by consumers and washed down the drain, it enters local water
systems. Elevated levels of 1,4Dioxane have been found in municipalities
across the State, with EPA data showing that Long Island has the highest
levels detected in the entire country.  On Long Island, 33 of 36 public
water systems reported 1,4-Dioxane contamination, and one source in
Hicksville reported levels as high as 33 micrograms per liter.

Other state have already taken action on 1,4-Dioxane, with Oregon list-
ing 1,4-Dioxane as a high priority chemical of concern under its Toxic
Free Kids Act, which when fully implemented will require companies to
remove the chemical from products or seek a waiver.  California's Propo-
sition 65 list also includes 1,4-Dioxane, requiring clear and reasonable
warning if resulting exposure would exceed 30 micrograms per day.

This bill will reduce the amount of 1,4-Dioxane entering New York's
drinking water by prohibiting its presence, in other than trace amounts,
in cleansing and cosmetic products where it appears most often. Manufac-
turers of personal cosmetic products may apply to the Department for a
one-year waiver of the requirement upon proof that there are no avail-
able alternatives. To ensure compliance with these requirements, this
bill would also allow civil penalties of up to one thousand dollars for
each day of violation of section 37-01 15, up to two thousand five
hundred dollars each day for a second violation.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2022

2019-S4389A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4389--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced   by   Sens.   KAMINSKY,  BOYLE,  BROOKS,  COMRIE,  GAUGHRAN,
   GOUNARDES, HOYLMAN, KAPLAN, KRUEGER, LAVALLE, LIU,  SALAZAR,  SERRANO,
   SKOUFIS,  STAVISKY -- read twice and ordered printed, and when printed
   to be committed to the  Committee  on  Environmental  Conservation  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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 three new subdivisions 4, 5 and 6 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. 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.
   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.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 37-0115 to read as follows:

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10243-03-9

 S. 4389--A                          2
 
 § 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 SIX
 THOUSAND 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  SIX  THOUSAND  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.
   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 TO 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.  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.
   6. A MANUFACTURER OF A COSMETIC  PRODUCT  OR  PERSONAL  CARE  PRODUCT,
 OTHERWISE  SUBJECT TO THE REQUIREMENTS OF THIS SECTION, MAY APPLY TO THE
 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 December 31, 2022.

co-Sponsors

View additional co-sponsors

2019-S4389B (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§35-0105 & 71-3703, add §37-0115, En Con L

2019-S4389B (ACTIVE) - Summary

Prohibits household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane.

2019-S4389B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4389B              REVISED 06/16/19

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To help prevent water contamination from 1,4 Dioxane.

 
SUMMARY OF PROVISIONS:

This bill would amend § 35-0105 of the Environmental Conservation Law to
prohibit the sale of household cleansing products containing
1,4-dioxane, add a new 37-0115 to the Environmental Conservation Law
limiting the sale of cosmetic products and personal care products with
certain levels of 1,4 Dioxane, and amend § 71-3703 of the Environmental
Conservation Law to authorize civil penalties for violations.

JUSTIFICATION:

The Environmental Protection Agency (EPA) identifies 1,4-Dioxane as a
"likely carcinogen to humans. "While health risks associated with
1,4-Dioxane are well documented, it is still found in many consumer
products where it is typically formed as a contaminant during the manu-
facturing process of cosmetics, detergents, deodorants, and shampoos.

Once used by consumers and washed down the drain, it enters local water
systems. Elevated levels of 1,4Dioxane have been found in municipalities
across the State, with EPA data showing that Long Island has the highest
levels detected in the entire country. On Long Island, 33 of 36 public
water systems reported 1,4-Dioxane contamination, and one source in
Hicksville reported levels as high as 33 micrograms per liter.

Other state have already taken action on 1,4-Dioxane, with Oregon list-
ing 1,4-Dioxane as a high priority chemical of concern under its Toxic
Free Kids Act, which when fully implemented will require companies to
remove the chemical from products or seek a waiver.  California's Propo-
sition 65 list also includes 1,4-Dioxane, requiring clear and reasonable
warning if resulting exposure would exceed 30 micrograms per day. This
bill will reduce the amount of 1,4-Dioxane entering New York's drinking
water by prohibiting its presence, in other than trace amounts, in
cleansing and cosmetic products where it appears most often.

This proposal includes provisions to allow manufacturers time to develop
methods for removing 1,4 Dioxane from their products. It is imperative
that manufacturers have an appropriate amount of time to implement these
requirements. If a manufacturer is unable to meet the trace allowance
threshold, they may obtain a one-year waiver from such requirements, if
they can show they have implemented measures to reduce 1,4 Dioxane from
a product. Thereafter, manufacturers may obtain an additional one-year
waiver for the same product.

To ensure compliance with these requirements, this bill would also allow
civil penalties of up to one thousand dollars for each day of violation
of section 37-01 15, up to two thousand five hundred dollars each day
for a second violation.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2022

2019-S4389B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4389--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced by Sens. KAMINSKY, BOYLE, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
   GOUNARDES,  HARCKHAM, HOYLMAN, KAPLAN, KRUEGER, LAVALLE, LIU, SALAZAR,
   SERRANO, SKOUFIS, STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10243-05-9

 S. 4389--B                          2
 
 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
 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

 S. 4389--B                          3
 
 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.

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Senate Bill S4389A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2019-S4389 - Details

2019-S4389 - Summary

2019-S4389 - Sponsor Memo

2019-S4389 - Bill Text download pdf

co-Sponsors

2019-S4389A - Details

2019-S4389A - Summary

2019-S4389A - Sponsor Memo

2019-S4389A - Bill Text download pdf

co-Sponsors

2019-S4389B (ACTIVE) - Details

2019-S4389B (ACTIVE) - Summary

2019-S4389B (ACTIVE) - Sponsor Memo

2019-S4389B (ACTIVE) - Bill Text download pdf

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