Assembly Bill A5990A

2023-2024 Legislative Session

Provides for the restriction of substances in menstrual products

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Sponsored By

Current Bill Status - On Floor Calendar

  • 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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Bill Amendments

co-Sponsors

2023-A5990 - Details

See Senate Version of this Bill:
S3529
Law Section:
General Business Law
Laws Affected:
Amd §399-aaaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8529
2021-2022: A2246, S9379

2023-A5990 - Summary

Restricts certain substances from being used in menstrual products.

2023-A5990 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5990
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to the regulation  of
   ingredients in menstrual products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 267-a to read as follows:
   § 267-A. MENSTRUAL PRODUCT SAFETY. 1. FOR PURPOSES OF THIS SECTION:
   A.  "MENSTRUAL  PRODUCTS"  MEANS TAMPONS, PADS, LINERS, CUPS, SPONGES,
 DOUCHES, WIPES, SPRAYS, AND SIMILAR PRODUCTS USED  IN  CONJUNCTION  WITH
 RESPECT TO MENSTRUATION OR OTHER GENITAL-TRACT SECRETIONS.
   B.  "RESTRICTED SUBSTANCE" SHALL MEAN AN UNSAFE CHEMICAL FOR INCLUSION
 IN MENSTRUAL PRODUCTS AS DETERMINED BY  THE  COMMISSIONER,  WHICH  SHALL
 INCLUDE,  BUT  NOT  BE  LIMITED TO, LEAD, MERCURY AND RELATED COMPOUNDS,
 FORMALDEHYDE,  TRICLOSAN,  TOLUENE,  TALC,  PER-   AND   POLYFLUOROALKYL
 SUBSTANCES,  DIBUTYL PHTHALATE, DI(2)EXYLHEXYL PHTHALATE, AND ISOBUTYL-,
 ISOPROPYL-, BUTYL-, AND  PROPYLPARABEN.
   2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION,  MANUFACTUR-
 ERS  OF MENSTRUAL PRODUCTS DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS
 STATE, WHETHER AT RETAIL OR WHOLESALE,  FOR  PERSONAL,  PROFESSIONAL  OR
 COMMERCIAL  USE,  OR  DISTRIBUTED  FOR  PROMOTIONAL  PURPOSES, SHALL NOT
 DISTRIBUTE MENSTRUAL PRODUCTS CONTAINING A RESTRICTED SUBSTANCE OR USING
 SUCH RESTRICTED SUBSTANCE AS A FRAGRANCE, COLORANT, DYE, PRESERVATIVE OR
 OTHER INTENTIONALLY ADDED INGREDIENT.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04800-02-3

co-Sponsors

2023-A5990A - Details

See Senate Version of this Bill:
S3529
Law Section:
General Business Law
Laws Affected:
Amd §399-aaaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8529
2021-2022: A2246, S9379

2023-A5990A - Summary

Restricts certain substances from being used in menstrual products.

2023-A5990A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5990--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL, GLICK, FAHY, SIMON, GALLAGHER,
   REYES, LEVENBERG, CRUZ, JACKSON, TAYLOR,  SIMONE,  BORES,  DICKENS  --
   read  once  and  referred  to  the  Committee  on  Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the general business law, in relation to the restriction
   of certain substances in menstrual products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (b) of subdivision 1 of section 399-aaaa of the
 general business law, as added by chapter 362 of the laws  of  2019,  is
 amended and a new paragraph (c) is added to read as follows:
   (b)  "menstrual  product"  shall mean products used for the purpose of
 catching menstruation and vaginal discharge, including but  not  limited
 to  tampons,  pads,  and  menstrual  cups.  These products may be either
 disposable or reusable[.];
   (C) "RESTRICTED SUBSTANCE" SHALL MEAN AN UNSAFE CHEMICAL FOR INCLUSION
 IN MENSTRUAL PRODUCTS AS DETERMINED BY THE COMMISSIONER OF HEALTH, WHICH
 SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  LEAD,  MERCURY  AND  RELATED
 COMPOUNDS,  FORMALDEHYDE, TRICLOSAN, TOLUENE, TALC, PER- AND POLYFLUORO-
 ALKYL SUBSTANCES, DIBUTYL PHTHALATE, DI(2)EXYLHEXYL PHTHALATE, BUTYLPHE-
 NYL METHYLPROPIONAL AND ISOBUTYL-, ISOPROPYL-, BUTYL-, AND   PROPYLPARA-
 BEN.
   §  2. Subdivision 4 of section 399-aaaa of the general business law is
 renumbered subdivision 5 and a new subdivision 4 is  added  to  read  as
 follows:
   4. NO MENSTRUAL PRODUCTS DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS
 STATE,  WHETHER  AT  RETAIL  OR WHOLESALE, FOR PERSONAL, PROFESSIONAL OR
 COMMERCIAL USE, OR DISTRIBUTED FOR PROMOTIONAL PURPOSES, SHALL CONTAIN A
 RESTRICTED SUBSTANCE OR USE SUCH RESTRICTED SUBSTANCE  AS  A  FRAGRANCE,
 COLORANT, DYE, PRESERVATIVE OR OTHER INTENTIONALLY ADDED INGREDIENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04800-06-3

co-Sponsors

2023-A5990B - Details

See Senate Version of this Bill:
S3529
Law Section:
General Business Law
Laws Affected:
Amd §399-aaaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8529
2021-2022: A2246, S9379

2023-A5990B - Summary

Restricts certain substances from being used in menstrual products.

2023-A5990B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5990--B
                                                         Cal. No. 228
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL, GLICK, FAHY, SIMON, GALLAGHER,
   LEVENBERG, CRUZ, JACKSON, TAYLOR, SIMONE,  BORES,  DICKENS,  LUNSFORD,
   COLTON,  STECK,  SHIMSKY,  RAGA,  DINOWITZ, STERN, JACOBSON, RAJKUMAR,
   THIELE, BARRETT, KIM, HEVESI, ANDERSON, GUNTHER, JEAN-PIERRE, EPSTEIN,
   McMAHON, SANTABARBARA, CLARK, MAMDANI,  SEAWRIGHT,  FORREST,  CARROLL,
   BICHOTTE HERMELYN,  SHRESTHA,  CUNNINGHAM, RA, EACHUS, BURGOS, SAYEGH,
   OTIS, DE LOS SANTOS,  WOERNER,  SILLITTI,  SLATER,  HUNTER,  NOVAKHOV,
   WEPRIN, VANEL, WALLACE, ZINERMAN, ZACCARO, BENEDETTO, PRETLOW, RIVERA,
   STIRPE, JONES, LUPARDO, MEEKS, CONRAD, McDONALD, LEE, ARDILA, BRONSON,
   BUTTENSCHON, PHEFFER AMATO, DAVILA, AUBRY, DILAN, MANKTELOW, GALLAHAN,
   GANDOLFO,  RAMOS,  K. BROWN,  BURKE,  DURSO,  KELLES,  ROZIC, BENDETT,
   REYES, JENSEN, DARLING, BURDICK, PAULIN, ALVAREZ, LAVINE -- read  once
   and  referred to the Committee on Health -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  recommitted  to  the  Committee  on Health in accordance with
   Assembly Rule 3, sec. 2 -- 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 general business law, in relation to the restriction
   of certain substances in menstrual products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (b) of subdivision 1 of section 399-aaaa of the
 general business law, as added by chapter 362 of the laws  of  2019,  is
 amended  and  three new paragraphs (c), (d) and (e) are added to read as
 follows:
   (b) "menstrual product" shall mean products used for  the  purpose  of
 catching  menstruation  and vaginal discharge, including but not limited
 to tampons, pads, and menstrual  cups.  These  products  may  be  either
 disposable or reusable[.];

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04800-09-4

co-Sponsors

2023-A5990C (ACTIVE) - Details

See Senate Version of this Bill:
S3529
Law Section:
General Business Law
Laws Affected:
Amd §399-aaaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8529
2021-2022: A2246, S9379

2023-A5990C (ACTIVE) - Summary

Restricts certain substances from being used in menstrual products.

2023-A5990C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5990--C
                                                         Cal. No. 228
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL, GLICK, FAHY, SIMON, GALLAGHER,
   LEVENBERG, CRUZ, JACKSON, TAYLOR, SIMONE,  BORES,  DICKENS,  LUNSFORD,
   COLTON,  STECK,  SHIMSKY,  RAGA,  DINOWITZ, STERN, JACOBSON, RAJKUMAR,
   THIELE, BARRETT, KIM, HEVESI, ANDERSON, GUNTHER, JEAN-PIERRE, EPSTEIN,
   McMAHON, SANTABARBARA, CLARK, MAMDANI,  SEAWRIGHT,  FORREST,  CARROLL,
   BICHOTTE HERMELYN,  SHRESTHA,  CUNNINGHAM, RA, EACHUS, BURGOS, SAYEGH,
   OTIS, DE LOS SANTOS,  WOERNER,  SILLITTI,  SLATER,  HUNTER,  NOVAKHOV,
   WEPRIN, VANEL, WALLACE, ZINERMAN, ZACCARO, BENEDETTO, PRETLOW, RIVERA,
   STIRPE, JONES, LUPARDO, MEEKS, CONRAD, McDONALD, LEE, ARDILA, BRONSON,
   BUTTENSCHON, PHEFFER AMATO, DAVILA, McDONALD, AUBRY, DILAN, MANKTELOW,
   GALLAHAN,  GANDOLFO,  RAMOS,  K. BROWN,  BURKE,  DURSO, KELLES, ROZIC,
   BENDETT, REYES, JENSEN, DARLING, BURDICK, PAULIN, ALVAREZ -- read once
   and referred to the Committee on Health -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the  Committee  on  Health  in  accordance  with
   Assembly  Rule  3,  sec.  2  -- reported from committee, advanced to a
   third reading, amended and ordered reprinted, retaining its  place  on
   the  order of third reading -- again amended on third reading, ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the general business law, in relation to the restriction
   of certain substances in menstrual products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (b) of subdivision 1 of section 399-aaaa of the
 general business law, as added by chapter 362 of the laws  of  2019,  is
 amended  and  three new paragraphs (c), (d) and (e) are added to read as
 follows:
   (b) "menstrual product" shall mean products used for  the  purpose  of
 catching  menstruation  and vaginal discharge, including but not limited
 to tampons, pads, and menstrual  cups.  These  products  may  be  either
 disposable or reusable[.];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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