S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6969
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   regulation of ingredients in personal care products and cosmetics
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "safe personal care and cosmetics act".
   § 2. Legislative findings and intent.  Thousands of chemicals are used
 in  cosmetics  and  personal  care products. Some of these chemicals are
 associated with asthma, allergies, hormone disruption,  neurodevelopmen-
 tal  problems,  infertility,  even cancer. Exposure to personal care and
 cosmetic products typically begins in infancy,  with  products  such  as
 baby  shampoo,  lotion, and diaper cream, and continues throughout their
 lifespan.  According to the Environmental Working  Group,  "on  average,
 women  use  12  personal care products a day, exposing themselves to 168
 chemical ingredients. Men use six,  exposing  themselves  to  85  unique
 chemicals."
   Further,  The  National Institutes of Health (NIH) conducted an eight-
 year study of over  46,000  women  who  used  permanent  hair  dyes  and
 straighteners.  They  found  that women of color who regularly used dyes
 and straighteners had a 45 percent  higher  breast  cancer  risk.  White
 women faced a 7 percent higher breast cancer risk.
   European  Union  countries  prohibit  (with few exceptions) substances
 classified as carcinogenic, mutagenic,  or  toxic  for  reproduction  in
 cosmetic  products. The Canadian government regularly updates a Cosmetic
 Ingredient Hotlist that includes hundreds of chemicals and  contaminants
 prohibited  and restricted from cosmetics, such as formaldehyde, triclo-
 san, and more. Furthermore, over 40 countries including Japan, Cambodia,
 and Vietnam, have stricter restrictions on chemicals  in  personal  care
 products than does the United States.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07027-03-3
              

 A. 6969                             2
 
   Moreover,   regarding   the   safety  of using personal care products,
 the federal Modernization of Cosmetics Regulation Act  of  2022  is  the
 first  federal  law to significantly update the Food, Drug, and Cosmetic
 Act. However, the Act fails to meaningfully restrict the use of  harmful
 chemicals  in  personal  care/cosmetic  products,  and explicitly grants
 states the ability to enact such restrictions. For example, it failed to
 ban coal tar, a well known carcinogen.
   Therefore, the   legislature   finds   and   declares   that   federal
 restrictions of harmful chemicals in personal care and cosmetic products
 are  inadequate  to educate and protect consumers and salon workers, and
 that  it  shall  be the policy of the state to restrict  chemicals  that
 may  harm  the health of New Yorkers during production, use, or disposal
 of personal care products and cosmetic products.
   § 3. Article 37 of the environmental conservation law  is  amended  by
 adding a new title 11 to read as follows:
                                 TITLE XI
                   SAFE PERSONAL CARE AND COSMETICS ACT
 SECTION 37-1101. DEFINITIONS.
         37-1103. PROMULGATION OF LISTS.
         37-1105. SALES PROHIBITION.
         37-1107. PENALTIES.
         37-1109. REGULATIONS.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   1.  "COSMETIC  PRODUCT"  SHALL  MEAN  A COSMETIC PRODUCT AS DEFINED IN
 SECTION 37-0117 OF THIS ARTICLE.
   2. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
 THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A PERSONAL CARE  PRODUCT,
 AND  WHICH HAS A FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT,
 INCLUDING, BUT NOT LIMITED TO, THE  COMPONENTS  OF  INTENTIONALLY  ADDED
 FRAGRANCE,  FLAVORING  AND  COLORANTS,  AND  THE  INTENTIONAL  BREAKDOWN
 PRODUCTS OF AN ADDED ELEMENT OR COMPOUND THAT ALSO HAS A  FUNCTIONAL  OR
 TECHNICAL EFFECT ON THE FINISHED PRODUCT.
   3.  "NONFUNCTIONAL BYPRODUCT" SHALL MEAN ANY ELEMENT OR COMPOUND WHICH
 HAS NO FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT WHICH:
   (A) WAS INTENTIONALLY ADDED DURING THE  MANUFACTURING  PROCESS  FOR  A
 PERSONAL  CARE  PRODUCT AT ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S OR
 INGREDIENT'S SUPPLY CHAIN; OR
   (B) WAS CREATED OR FORMED  DURING  THE  MANUFACTURING  PROCESS  AS  AN
 INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF THE MANUFACTURING PROCESS AT
 ANY  POINT  IN  A PRODUCT'S, A RAW MATERIAL'S, OR AN INGREDIENT'S SUPPLY
 CHAIN.
   NONFUNCTIONAL BYPRODUCT SHALL INCLUDE,  BUT  IS  NOT  LIMITED  TO,  AN
 UNREACTED  RAW  MATERIAL,  A BREAKDOWN PRODUCT OF AN INTENTIONALLY ADDED
 INGREDIENT, OR A BYPRODUCT OF THE MANUFACTURING PROCESS.
   4. "NONFUNCTIONAL CONTAMINANT" SHALL  MEAN  ANY  ELEMENT  OR  COMPOUND
 PRESENT  IN  A  PERSONAL CARE PRODUCT AS AN UNINTENTIONAL CONSEQUENCE OF
 MANUFACTURING WHICH  HAS  NO  FUNCTIONAL  OR  TECHNICAL  EFFECT  IN  THE
 FINISHED PRODUCT. NONFUNCTIONAL CONTAMINANTS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO, ELEMENTS OR COMPOUNDS PRESENT IN THE ENVIRONMENT AS CONTAMINANTS
 WHICH  WERE INTRODUCED INTO A PRODUCT, A  RAW  MATERIAL,  OR  A  PRODUCT
 INGREDIENT  AS A RESULT OF THE USE OF AN ENVIRONMENTAL MEDIUM, SUCH AS A
 NATURALLY OCCURRING MINERAL, AIR, SOIL OR WATER,  IN  THE  MANUFACTURING
 PROCESS  AT  ANY  POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR AN INGREDI-
 ENT'S SUPPLY CHAIN.
 A. 6969                             3

   5. "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM,  ASSOCIATION,  PARTNER-
 SHIP,  LIMITED    LIABILITY  COMPANY,  OR  CORPORATION  WHICH  PRODUCES,
 PREPARES, FORMULATES, OR COMPOUNDS A   PERSONAL CARE PRODUCT,  OR  WHOSE
 BRAND  NAME  IS  AFFIXED TO SUCH PRODUCT. IN THE CASE OF A PERSONAL CARE
 PRODUCT  IMPORTED  INTO THE UNITED STATES, "MANUFACTURER" SHALL MEAN THE
 IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT IF THE ENTITY THAT
 MANUFACTURES THE PRODUCT OR WHOSE BRAND  NAME IS AFFIXED TO THE  PRODUCT
 DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   6.  "PERSONAL  CARE  PRODUCT"  SHALL  MEAN  A PERSONAL CARE PRODUCT AS
 DEFINED IN SECTION 37-0117 OF THIS ARTICLE.
   7. "PRACTICAL QUANTIFICATION LIMIT" MEANS THE LOWEST LEVEL THAT CAN BE
 RELIABLY ACHIEVED WITHIN PRE-DETERMINED LIMITS OF PRECISION AND ACCURACY
 DURING ROUTINE LABORATORY OPERATING CONDITIONS.
   8. "RESTRICTED SUBSTANCE" SHALL MEAN THE FOLLOWING:
   (A) HEAVY  METALS  AND  HEAVY  METAL-CONTAINING  COMPOUNDS  INCLUDING:
 ARSENIC,  CADMIUM,  CADMIUM  COMPOUNDS,  CHROMIUM, LEAD, LEAD COMPOUNDS,
 NICKEL AND SELENIUM;
   (B) PARABENS, INCLUDING: BUTYL-,    ETHYL-,  ISOBUTYL-,    ISOPROPYL-,
 METHYL-, AND PROPYL  PARABEN;
   (C)  ORTHO-PHTHALATES AND THEIR ESTERS, INCLUDING:  DIBUTYL-, DICYCLO-
 HEXYL-,    DIISOBUTYL-,    DIISODECYL-,    DIISONONYL-,     DIISOOCTYL-,
 DI(2)ETHYLHEXYL-, DIETHYL-, AND BENZYL BUTYL PHTHALATE;
   (D)  PER-    AND    POLYFLUOROALKYL   SUBSTANCES, AS DETECTED BY TOTAL
 ORGANIC FLUORINE ANALYSIS;
   (E) FORMALDEHYDE AND FORMALDEHYDE RELEASERS, INCLUDING:  FORMALDEHYDE,
 PARAFORMALDEHYDE,  QUATERNIUM-15,  DIAZOLIDINYL  UREA,  DMDM  HYDANTOIN,
 METHYLENE  GLYCOL,  IMIDAZOLIDINYL  UREA, AND SODIUM HYDROXYMETHYLGLYCI-
 NATE;
   (F) BENZOPHENONES, INCLUDING: BENZOPHENONE, BENZOPHENONE-1,  BENZOPHE-
 NONE-2,  BENZOPHENONE-3, 2,4-DIHYDROXYBENZOPHENONE, RESBENZOPHENONE, AND
 OXYBENZONE;
   (G) KNOWN CARCINOGENS, INCLUDING  BENZENE,  CARBON  BLACK,  COAL  TAR,
 ETHYLENE  OXIDE,  TOLUENE,  NAPHTHALENE, NICKEL (METALLIC), STYRENE, AND
 XYLENE;
   (H) ASBESTOS AND ASBESTOS CONTAINING COMPOUNDS: ASBESTOS, TALC;
   (I) BUTYLATED COMPOUNDS, INCLUDING: BUTYLATED HYDROXYTOLUENE (BHT) AND
 BUTYLATED HYDROXYANISOLE (BHA);
   (J)  SILOXANES,  INCLUDING   CYCLOTETRASILOXANE,   CYCLOPENTASILOXANE,
 OCTAMETHYLCYCLOTETRASILOXANE, AND CYCLOSILOXANES;
   (K)  PHENYLENEDIAMINES,  INCLUDING M-PHENYLENEDIAMINE, O-PHENYLENEDIA-
 MINE, AND P-PHENYLENEDIAMINE;
   (L) TRICLOSAN, TRICLOCARBAN, NONYLPHENOL; AND
   (M) NITROSAMINE AND NITROSAMINE  RELEASERS,  INCLUDING  DIETHANOLAMINE
 AND TRIETHANOLAMINE.
 § 37-1103. PROMULGATION OF LISTS.
   THE  DEPARTMENT SHALL PROMULGATE AS REGULATIONS THE LIST OF RESTRICTED
 SUBSTANCES ON OR BEFORE THE EFFECTIVE DATE OF THIS TITLE.
 § 37-1105. SALES PROHIBITION.
   EFFECTIVE TWO YEARS AFTER THE  EFFECTIVE  DATE  OF  THIS  SECTION,  NO
 PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE IN THIS STATE A PERSONAL
 CARE  PRODUCT  OR  COSMETIC PRODUCT CONTAINING A RESTRICTED SUBSTANCE AS
 FOLLOWS:
   1. THE PRODUCT SHALL NOT CONTAIN A RESTRICTED SUBSTANCE PRESENT AS  AN
 INTENTIONALLY ADDED INGREDIENT IN ANY AMOUNT.
 A. 6969                             4
 
   2.  THE  PRODUCT SHALL NOT CONTAIN A RESTRICTED SUBSTANCE PRESENT AS A
 NONFUNCTIONAL BYPRODUCT OR NONFUNCTIONAL CONTAMINANT ABOVE THE PRACTICAL
 QUANTITATION LIMIT.
 § 37-1107. PENALTIES.
   A MANUFACTURER IN VIOLATION OF THIS TITLE IS SUBJECT TO A CIVIL PENAL-
 TY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION IN THE CASE OF
 A  FIRST  OFFENSE.  MANUFACTURERS  WHO  COMMIT SUBSEQUENT VIOLATIONS ARE
 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS  FOR  EACH
 ADDITIONAL OFFENSE.
 § 37-1109.  REGULATIONS.
   THE  DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
 TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   § 4. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  5. This act shall take effect one year after it shall have become a
 law. Effective immediately, 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6969--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. GLICK, LUNSFORD, L. ROSENTHAL, COLTON, STECK,
   O'DONNELL, SIMONE, DICKENS, GUNTHER, SHIMSKY,  SIMON,  RAMOS,  TAYLOR,
   LEE,  KELLES,  DINOWITZ,  DURSO,  GANDOLFO,  NOVAKHOV,  THIELE, STERN,
   JACOBSON, ROZIC, RAJKUMAR, McMAHON, ANDERSON, KIM, BARRETT,  SANTABAR-
   BARA, EPSTEIN, CLARK, RA, FORREST, BICHOTTE HERMELYN, CARROLL, PAULIN,
   MAMDANI,  SEAWRIGHT,  SHRESTHA,  LAVINE,  BURGOS,  SLATER, CUNNINGHAM,
   EACHUS, SAYEGH, GALLAGHER, OTIS, LEVENBERG, K. BROWN, REYES,  WOERNER,
   HUNTER,  SOLAGES,  BENEDETTO, PRETLOW, FAHY, MEEKS, BRONSON, McDONALD,
   PHEFFER AMATO, MANKTELOW, JENSEN,  GALLAHAN,  BURDICK,  ARDILA,  RAGA,
   LUPARDO,   GONZALEZ-ROJAS,  WEPRIN,  SIMPSON,  SILLITTI,  JEAN-PIERRE,
   BORES, BENDETT, DeSTEFANO, MCGOWAN, HEVESI -- 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 -- recommitted to the Committee on Ways
   and Means in accordance with Assembly Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to amend the environmental conservation law, in relation to the
   regulation of ingredients in personal care products and cosmetics
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "safe personal care and cosmetics act".
   § 2. Legislative findings and intent.  Thousands of chemicals are used
 in cosmetics and personal care products. Some  of  these  chemicals  are
 associated  with asthma, allergies, hormone disruption, neurodevelopmen-
 tal problems, infertility, even cancer. Exposure to  personal  care  and
 cosmetic  products  typically  begins  in infancy, with products such as
 baby shampoo, lotion, and diaper cream, and continues  throughout  their
 lifespan.    According  to the Environmental Working Group, "on average,
 women use 12 personal care products a day, exposing  themselves  to  168
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07027-11-4
              

 A. 6969--A                          2
 
 chemical  ingredients.  Men  use  six,  exposing themselves to 85 unique
 chemicals."
   Further,  The  National Institutes of Health (NIH) conducted an eight-
 year study of over  46,000  women  who  used  permanent  hair  dyes  and
 straighteners.  They  found  that women of color who regularly used dyes
 and straighteners had a 45 percent  higher  breast  cancer  risk.  White
 women faced a 7 percent higher breast cancer risk.
   European  Union  countries  prohibit  (with few exceptions) substances
 classified as carcinogenic, mutagenic,  or  toxic  for  reproduction  in
 cosmetic  products. The Canadian government regularly updates a Cosmetic
 Ingredient Hotlist that includes hundreds of chemicals and  contaminants
 prohibited  and restricted from cosmetics, such as formaldehyde, triclo-
 san, and more. Furthermore, over 40 countries including Japan, Cambodia,
 and Vietnam, have stricter restrictions on chemicals  in  personal  care
 products than does the United States.
   Moreover,   regarding   the   safety  of using personal care products,
 the federal Modernization of Cosmetics Regulation Act  of  2022  is  the
 first  federal  law to significantly update the Food, Drug, and Cosmetic
 Act. However, the Act fails to meaningfully restrict the use of  harmful
 chemicals  in  personal  care/cosmetic  products,  and explicitly grants
 states the ability to enact such restrictions. For example, it failed to
 ban coal tar, a well known carcinogen.
   Therefore, the   legislature   finds   and   declares   that   federal
 restrictions of harmful chemicals in personal care and cosmetic products
 are  inadequate  to educate and protect consumers and salon workers, and
 that  it  shall  be the policy of the state to restrict  chemicals  that
 may  harm  the health of New Yorkers during production, use, or disposal
 of personal care products and cosmetic products.
   § 3. Article 37 of the environmental conservation law  is  amended  by
 adding a new title 12 to read as follows:
                                 TITLE XII
                   SAFE PERSONAL CARE AND COSMETICS ACT
 SECTION 37-1201. DEFINITIONS.
         37-1203. SALES PROHIBITION.
         37-1205. IDENTIFICATION OF SAFER ALTERNATIVES.
         37-1207. REGULATIONS.
 § 37-1201. DEFINITIONS.
   AS USED IN THIS TITLE, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   1.  "COSMETIC  PRODUCT"  SHALL  MEAN  A COSMETIC PRODUCT AS DEFINED IN
 SECTION 37-0117 OF THIS ARTICLE.
   2. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
 THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A PERSONAL CARE  PRODUCT,
 AND  WHICH HAS A FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT,
 INCLUDING, BUT NOT LIMITED TO, THE  COMPONENTS  OF  INTENTIONALLY  ADDED
 FRAGRANCE,  FLAVORING  AND  COLORANTS,  AND  THE  INTENTIONAL  BREAKDOWN
 PRODUCTS OF AN ADDED ELEMENT OR COMPOUND THAT ALSO HAS A  FUNCTIONAL  OR
 TECHNICAL EFFECT ON THE FINISHED PRODUCT.
   3.  "NONFUNCTIONAL BYPRODUCT" SHALL MEAN ANY ELEMENT OR COMPOUND WHICH
 HAS NO FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT WHICH:
   (A) WAS INTENTIONALLY ADDED DURING THE  MANUFACTURING  PROCESS  FOR  A
 PERSONAL CARE PRODUCT OR COSMETIC PRODUCT AT ANY POINT IN A PRODUCT'S, A
 RAW MATERIAL'S OR INGREDIENT'S SUPPLY CHAIN; OR
   (B)  WAS  CREATED  OR  FORMED  DURING  THE MANUFACTURING PROCESS AS AN
 INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF THE MANUFACTURING PROCESS AT
 ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR  AN  INGREDIENT'S  SUPPLY
 CHAIN.
 A. 6969--A                          3
 
   NONFUNCTIONAL  BYPRODUCT  SHALL  INCLUDE,  BUT  IS  NOT LIMITED TO, AN
 UNREACTED RAW MATERIAL, A BREAKDOWN PRODUCT OF  AN  INTENTIONALLY  ADDED
 INGREDIENT, OR A BYPRODUCT OF THE MANUFACTURING PROCESS.
   4.  "NONFUNCTIONAL  CONTAMINANT"  SHALL  MEAN  ANY ELEMENT OR COMPOUND
 PRESENT IN A PERSONAL CARE PRODUCT AS AN  UNINTENTIONAL  CONSEQUENCE  OF
 MANUFACTURING  WHICH  HAS  NO  FUNCTIONAL  OR  TECHNICAL  EFFECT  IN THE
 FINISHED PRODUCT. NONFUNCTIONAL CONTAMINANTS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, ELEMENTS OR COMPOUNDS PRESENT IN THE ENVIRONMENT AS  CONTAMINANTS
 WHICH    WERE  INTRODUCED  INTO  A PRODUCT, A RAW MATERIAL, OR A PRODUCT
 INGREDIENT AS A RESULT OF THE USE OF AN ENVIRONMENTAL MEDIUM, SUCH AS  A
 NATURALLY  OCCURRING  MINERAL,  AIR, SOIL OR WATER, IN THE MANUFACTURING
 PROCESS AT ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S,  OR  AN  INGREDI-
 ENT'S SUPPLY CHAIN.
   5.  "MANUFACTURER"  SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNER-
 SHIP,  LIMITED    LIABILITY  COMPANY,  OR  CORPORATION  WHICH  PRODUCES,
 PREPARES,  FORMULATES,  OR COMPOUNDS A   PERSONAL CARE PRODUCT, OR WHOSE
 BRAND NAME IS AFFIXED TO SUCH PRODUCT. IN THE CASE OF  A  PERSONAL  CARE
 PRODUCT  IMPORTED  INTO THE UNITED STATES, "MANUFACTURER" SHALL MEAN THE
 IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT IF THE ENTITY THAT
 MANUFACTURES THE PRODUCT OR WHOSE BRAND  NAME IS AFFIXED TO THE  PRODUCT
 DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   6.  "PERSONAL  CARE  PRODUCT"  SHALL  MEAN  A PERSONAL CARE PRODUCT AS
 DEFINED IN SECTION 37-0117 OF THIS ARTICLE.
   7. "RESTRICTED SUBSTANCE" SHALL MEAN THE FOLLOWING:
   (A) THE FOLLOWING  HEAVY  METALS  AND  ANY  COMPOUNDS  CONTAINING  THE
 FOLLOWING   HEAVY  METALS:     ARSENIC  (CAS  7440-38-2),  CADMIUM  (CAS
 7440-43-9), CADMIUM  COMPOUNDS,  CHROMIUM  (CAS  7440-47-3),  LEAD  (CAS
 7439-92-1),  LEAD  COMPOUNDS,  NICKEL  (CAS 7440-02-0) AND SELENIUM (CAS
 7782-49-2);
   (B) BUTYL- (CAS 94-26-8), ETHYL- (CAS 120-47-8), ISOBUTYL- (CAS  4247-
 02-3),  ISOPROPYL-  (CAS  4191-73-5),  METHYL- (CAS 99-76-3), AND PROPYL
 PARABEN (CAS 94-13-3);
   (C) ORTHO-PHTHALATES AND THEIR ESTERS;
   (D) PER- AND POLYFLUOROALKYL SUBSTANCES,  AS  DEFINED  IN  SUBDIVISION
 SEVEN  OF  SECTION  37-0101  OF  THIS ARTICLE, DETECTED BY TOTAL ORGANIC
 FLUORINE ANALYSIS;
   (E) FORMALDEHYDE (CAS 50-00-0) AND  FORMALDEHYDE  RELEASERS  SUCH  AS:
 PARAFORMALDEHYDE   (CAS  30525-89-4),  QUATERNIUM-15  (CAS  51229-78-8),
 DIAZOLIDINYL UREA (CAS  78491-02-8),  DMDM  HYDANTOIN  (CAS  6440-58-0),
 METHYLENE  GLYCOL  (CAS 463-57-0), IMIDAZOLIDINYL UREA (CAS 39236-46-9),
 AND SODIUM HYDROXYMETHYLGLYCINATE (CAS 70161-44-3), PROVIDED THAT IN THE
 CASE OF ANY FORMALDEHYDE RELEASER, TREATMENT AS A  RESTRICTED  SUBSTANCE
 SHALL BE SUBJECT TO SUBDIVISION THREE OF SECTION 37-1203 OF THIS TITLE;
   (F) BENZOPHENONE (CAS 119-61-9), BENZOPHENONE-1 (CAS 131-56-6), BENZO-
 PHENONE-2     (CAS    131-55-5),    BENZOPHENONE-3    (CAS    131-57-7),
 2,4-DIHYDROXYBENZOPHENONE (CAS 131-56-6), AND RESBENZOPHENONE;
   (G) BENZENE (CAS 71-43-2), CARBON BLACK (CAS 1333-86-4), COAL TAR (CAS
 8007-45-2),  ETHYLENE  OXIDE  (CAS  75-21-8),  TOLUENE  (CAS  108-88-3),
 NAPHTHALENE  (CAS  91-20-3),  NICKEL (METALLIC) (CAS 7440-02-0), STYRENE
 (CAS 100-42-5), AND XYLENE (CAS 1330-20-7);
   (H) ASBESTOS (CAS 1332-21-4) AND TALC (CAS 14807-96-6);
   (I)  BUTYLATED  HYDROXYTOLUENE  (BHT)  (CAS  128-37-0)  AND  BUTYLATED
 HYDROXYANISOLE (BHA) (CAS 121-00-6);
   (J)   CYCLOTETRASILOXANE   (CAS   556-67-2),  CYCLOPENTASILOXANE  (CAS
 541-02-6), AND OCTAMETHYLCYCLOTETRASILOXANE (CAS 556-67-2);
 A. 6969--A                          4
 
   (K) M-PHENYLENEDIAMINE  (CAS  108-45-2)  AND  O-PHENYLENEDIAMINE  (CAS
 95-54-5);
   (L) TRICLOSAN (CAS 3380-34-5), TRICLOCARBAN (CAS 101-20-2), AND NONYL-
 PHENOL (CAS 68412-54-4); AND
   (M) DIETHANOLAMINE (CAS 111-42-2) AND TRIETHANOLAMINE (CAS 102-71-6).
 § 37-1203. SALES PROHIBITION.
   1. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, NO PERSON SHALL
 SELL OR OFFER FOR SALE IN THIS STATE A PERSONAL CARE PRODUCT OR COSMETIC
 PRODUCT  CONTAINING  A  RESTRICTED  SUBSTANCE  AS AN INTENTIONALLY ADDED
 INGREDIENT IN ANY AMOUNT.
   2. IN ADDITION TO THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION,
 TWO YEARS AFTER THE DEPARTMENT'S ADOPTION OF THE REGULATIONS REQUIRED BY
 SECTION  37-1207  OF  THIS  TITLE,  SUCH  PRODUCT  SHALL  NOT  CONTAIN A
 RESTRICTED SUBSTANCE PRESENT AS A NONFUNCTIONAL  BYPRODUCT  OR  NONFUNC-
 TIONAL  CONTAMINANT  IN A COSMETIC PRODUCT OR PERSONAL CARE PRODUCT OR A
 COMPONENT THEREOF AT OR ABOVE A LEVEL THAT THE DEPARTMENT  SHALL  ESTAB-
 LISH  IN  REGULATION  THAT  IS  THE  LOWEST  LEVEL  THAT CAN FEASIBLY BE
 ACHIEVED; PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL REVIEW SUCH LEVEL
 EVERY FIVE YEARS TO DETERMINE WHETHER IT SHOULD BE LOWERED.
   3.  (A)  THE  DEPARTMENT'S  DETERMINATIONS  REGARDING  CHEMICALS  THAT
 RELEASE  FORMALDEHYDE, PURSUANT TO PARAGRAPH (E) OF SUBDIVISION SEVEN OF
 SECTION 37-1201 OF THIS TITLE,  SHALL  BE  ADOPTED  BY  REGULATION.  THE
 DEPARTMENT  SHALL IDENTIFY A LIST OF CHEMICALS USED IN COSMETIC PRODUCTS
 AND PERSONAL CARE PRODUCTS THAT RELEASE FORMALDEHYDE THAT MAY BE  DEEMED
 RESTRICTED SUBSTANCES AND SUBJECT TO  THE SALES RESTRICTIONS OF SUBDIVI-
 SIONS  ONE  AND  TWO  OF  THIS  SECTION.  IN ESTABLISHING SUCH LIST, THE
 DEPARTMENT SHOULD CONSIDER: (I) ESTIMATED PREVALENCE OF USE; (II) POTEN-
 TIAL TO REDUCE DISPROPORTIONATE EXPOSURE; AND  (III)  OTHER  INFORMATION
 DEEMED RELEVANT BY THE DEPARTMENT.
   (B)  THE  DEPARTMENT MAY IDENTIFY FOR RESTRICTION AN INITIAL SET OF NO
 MORE THAN TEN OF THE LISTED CHEMICALS USED IN PERSONAL CARE PRODUCTS AND
 COSMETIC PRODUCTS THAT RELEASE FORMALDEHYDE.  ANY INITIAL CLASSIFICATION
 AS RESTRICTED SUBSTANCES SHALL TAKE EFFECT ONE YEAR  AFTER  THE  DEPART-
 MENT'S  ADOPTION  OF  REGULATIONS  REQUIRED  BY  THIS SUBDIVISION AND BE
 SUBJECT TO THE SALES RESTRICTIONS OF SUBDIVISIONS ONE AND  TWO  OF  THIS
 SECTION.
   (C)  CLASSIFICATION  AS  RESTRICTED SUBSTANCES ON THE REMAINING LISTED
 CHEMICALS USED IN PERSONAL CARE  PRODUCTS  AND  COSMETIC  PRODUCTS  THAT
 RELEASE  FORMALDEHYDE  MAY  TAKE EFFECT TWO YEARS AFTER THE DEPARTMENT'S
 ADOPTION OF REGULATIONS  REQUIRED  BY  THIS  SUBDIVISION  AND  SHALL  BE
 SUBJECT  TO  THE  SALES RESTRICTIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION.
   (D) THE DEPARTMENT MAY CONDUCT  ADDITIONAL  RULEMAKING  ACTIVITIES  TO
 DEVELOP  SUPPLEMENTAL  LISTS  OF CHEMICALS THAT RELEASE FORMALDEHYDE AND
 ADOPT ADDITIONAL RESTRICTIONS NECESSARY TO PROTECT THE HEALTH AND SAFETY
 OF PRODUCT USERS.
   4. (A) NO PERSON THAT SELLS OR OFFERS FOR SALE ANY PERSONAL CARE PROD-
 UCT OR COSMETIC PRODUCT SHALL BE HELD IN VIOLATION OF  THIS  SECTION  IF
 THEY CAN SHOW THAT THEY RELIED IN GOOD FAITH ON THE WRITTEN ASSURANCE OF
 THE  MANUFACTURER  THAT  SUCH  PERSONAL CARE PRODUCT OR COSMETIC PRODUCT
 MEETS THE REQUIREMENTS OF THIS TITLE. SUCH WRITTEN ASSURANCE SHALL  TAKE
 THE  FORM  OF A CERTIFICATE OF COMPLIANCE STATING THAT THE PERSONAL CARE
 PRODUCT OR COSMETIC PRODUCT IS IN COMPLIANCE WITH  THE  REQUIREMENTS  OF
 THIS  TITLE. THE CERTIFICATE OF COMPLIANCE SHALL BE SIGNED BY AN AUTHOR-
 IZED OFFICIAL OF THE MANUFACTURER.
 A. 6969--A                          5
 
   (B) IN ADDITION TO ANY OTHER  APPLICABLE  PENALTIES,  IT  SHALL  BE  A
 VIOLATION  OF  THIS  SECTION  TO  PROVIDE A CERTIFICATE OF COMPLIANCE AS
 CONTEMPLATED BY THIS SUBDIVISION WHEN THE APPLICABLE PERSONAL CARE PROD-
 UCT OR COSMETIC PRODUCT DOES NOT SATISFY THE LIMITATIONS ON THE PRESENCE
 OF RESTRICTED SUBSTANCES SET FORTH IN THIS TITLE.
 § 37-1205. IDENTIFICATION OF SAFER ALTERNATIVES.
   BY  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-SEVEN,  THE  DEPARTMENT, IN
 CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL MAKE USE  OF  EXISTING
 INFORMATION  TO IDENTIFY AND ASSESS THE HAZARDS OF CHEMICALS OR CHEMICAL
 CLASSES THAT CAN PROVIDE THE SAME OR SIMILAR FUNCTION IN  PERSONAL  CARE
 PRODUCTS  AND  COSMETIC  PRODUCTS  AS  THE CHEMICALS OR CHEMICAL CLASSES
 LISTED IN SECTION 37-1201 OF THIS TITLE AND THAT CAN  IMPACT  VULNERABLE
 POPULATIONS.    IN  DOING  SO  THEY  MAY CONSULT WITH THE NEW YORK STATE
 POLLUTION PREVENTION INSTITUTE AND THE  INTERSTATE  CHEMICALS  CLEARING-
 HOUSE.  THE DEPARTMENT SHALL MAKE SUCH INFORMATION PUBLICLY AVAILABLE.
 § 37-1207. REGULATIONS.
   WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT
 SHALL ADOPT RULES AND REGULATIONS NECESSARY FOR  THE  IMPLEMENTATION  OF
 THIS  TITLE.    WHEN ADOPTING SUCH RULES AND REGULATIONS, THE DEPARTMENT
 SHALL CONSIDER:
   (A) RELEVANT RESEARCH;
   (B) LAWS AND POLICIES IN OTHER STATES; AND
   (C) WHETHER THE PRESENCE OF A RESTRICTED SUBSTANCE AS A  NONFUNCTIONAL
 BYPRODUCT  OR  NONFUNCTIONAL  CONTAMINANT   HAS   BEEN BANNED IN ANOTHER
 STATE OR WITHIN THE UNITED STATES BECAUSE OF THE HEALTH EFFECTS OF  SUCH
 SUBSTANCE.
   §  4. Section 71-3703 of the environmental conservation law is amended
 by adding a new subdivision 8 to read as follows:
   8. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
 PERFORM  ANY  DUTY  IMPOSED  BY,  SECTION 37-1203 OF THIS CHAPTER OR ANY
 RULE  OR REGULATION PROMULGATED  PURSUANT THERETO, 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.
   § 5. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  6. This act shall take effect one year after it shall have become a
 law. Effective immediately, 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.