NY State Senate Bill 2021-S5122

Senate Bill S5122

2021-2022 Legislative Session

Prohibits the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
Feb 24, 2021	referred to environmental conservation

2021-S5122 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0121, amd §§37-0101 & 71-3703, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6070
2017-2018: S5053
2019-2020: S1547
2023-2024: S5663

2021-S5122 (ACTIVE) - Summary

Prohibits the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds.

2021-S5122 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5122

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale of cleaning products containing triclosan, triclo-
carban or derivatives of such antibacterial compounds

 
PURPOSE:

The bill would prohibit the sale of cleaning products containing triclo-
san, triclocarban or derivatives of such antibacterial compounds.

 
SUMMARY OF PROVISIONS:

Amends the environmental conservation law by adding a new section
37-0115, which would prohibit any person, firm, partnership, associ-
ation, limited liability company or corporation from selling or offering
for sale any cleaning products containing triclosan, triclocarban, or
derivatives of such antibacterial compounds, within New York State. This

section shall not prohibit the sale of such products that arc used sole-
ly in medical facilities. The bill would also authorize the Department
of Environmental Conservation (DEC) to promulgate rules and regulations
in order to implement these provisions. The bill also contains civil
penalties for violation of its provisions.

 
JUSTIFICATION:

Triclosan is a phenyl ether or chlorinated bisphenol, which has been
used as a synthetic broad-spectrum antimicrobial agent since the early
1970s. Triclosan can be found in an array of consumer products, such as
antibacterial soaps, dishwashing products, shampoos, conditioners, laun-
dry detergents and softeners. The U.S. Food and Drug Administration has
found no evidence that triclosan in antibacterial soaps are more effec-
tive against germs than regular soap and water.

Several studies have found large amounts of triclosan in surface waters,
soil, sediments, and algae. In 2013, a University of Minnesota study
found increasing amounts of triclosan in Minnesota's freshwater lakes.;
The study also found several chlorinated triclosan derivatives, which
form when triclosan is exposed to chlorine during the wastewater disin-
fection process. Studies have also found evidence of triclosan in New
York State waterways.

A United States Geologic Survey (USGS) study found triclosan to be one
of the most frequently detected compounds in wastewater contaminants.
Over 95 percent of the uses of triclosan are in consumer products that
are disposed of down residential drains. Since wastewater treatment
plants are unable to completely remove triclosan from the water and the
compound is highly stable for long periods of time, an increasing amount
of triclosan is emitted into waterways. Triclosan has also been found to
be toxic to aquatic life and algae.  Given the potential environmental
impacts associated with triclosan, it is imperative that the state take
appropriate measures to protect the environment from further exposure to
this chemical.

 
LEGISLATIVE HISTORY:

2014: A8697b

2015-16: S.6070 Referred to Environmental Conservation

2017-18: S.5053

2019-20: S.1547

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect one year and six months after it shall have
become a law.

2021-S5122 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5122
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  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 37-0121 to read as follows:
 § 37-0121. 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 5 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07007-01-1

 S. 5122                             2
 
   5. ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
 COMPANY,  OR  CORPORATION  WHO VIOLATES ANY OF THE PROVISIONS OF SECTION
 37-0121 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. 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.

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