S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5353
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN  ACT to amend the public health law, in relation to the creation of a
   research program to  determine  the  risks  posed  from  chemicals  in
   personal  care  products  or menstrual products; and providing for the
   repeal of such provisions upon expiration thereof
 
   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
 804 to read as follows:
   § 804. PERSONAL CARE PRODUCTS SAFETY AND RESEARCH. 1. FOR PURPOSES  OF
 THIS SECTION, THE TERM:
   (A) "PERSONAL CARE PRODUCT" SHALL MEAN ARTICLES 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 ARTICLES
 INTENDED FOR USE AS A COMPONENT OF ANY SUCH ARTICLES; EXCEPT  THAT  SUCH
 TERM SHALL NOT INCLUDE SOAP.
   (B)  "CHEMICAL  OF  CONCERN" SHALL MEAN A CHEMICAL APPEARING ON ANY OF
 THE LISTS INCLUDED IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVI-
 SION OF MATERIALS MANAGEMENT PROGRAM POLICY ON HOUSEHOLD CLEANSING PROD-
 UCT INFORMATION DISCLOSURE PUBLISHED ON JUNE SIXTH, TWO  THOUSAND  EIGH-
 TEEN  PURSUANT  TO  ARTICLE THIRTY-FIVE OF THIS CHAPTER AND 6 NYCRR PART
 659, OR AS DESIGNATED BY THE COMMISSIONER.
   (C) "RESTRICTED SUBSTANCE" SHALL MEAN A SUBSTANCE  DETERMINED  BY  THE
 COMMISSIONER,  WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, LEAD, MERCURY
 AND RELATED COMPOUNDS, FORMALDEHYDE, TRICLOSAN, TOLUENE, PER- AND  POLY-
 FLUOROALKYL SUBSTANCES, DIBUTYL PHTHALATE, DI(2)EXYLHEXYL PHTHALATE, AND
 ISOBUTYL-, ISOPROPYL-, BUTYL-, AND PROPYLPARABEN.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09719-03-3
 S. 5353                             2
 
              

   (D)  "MENSTRUAL  PRODUCTS"  SHALL  MEAN  PADS,  TAMPONS, LINERS, CUPS,
 SPONGES, DOUCHES, WIPES, SPRAYS, AND SIMILAR PRODUCTS USED  IN  CONJUNC-
 TION WITH RESPECT TO MENSTRUATION OR OTHER GENITAL TRACT SECRETIONS.
   2.  THE  COMMISSIONER  SHALL  PROVIDE  FOR  THE  CONDUCT OR SUPPORT OF
 RESEARCH BY  THE  DEPARTMENT  TO  DETERMINE  THE  EXTENT  TO  WHICH  THE
 PROLONGED EXPOSURE TO ANY CHEMICAL OF CONCERN OR RESTRICTED SUBSTANCE IN
 PERSONAL  CARE  PRODUCTS  OR  MENSTRUAL  PRODUCTS POSES ANY RISKS TO THE
 HEALTH OF INDIVIDUALS WHO USE THE PRODUCTS. SUCH RESEARCH PROJECT  SHALL
 BE  COMPLETED  WITHIN  TWO  YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
 SUCH RESEARCH SHALL ALSO EXAMINE ANY LONG-TERM HEALTH EFFECTS  OF  USING
 PERSONAL  CARE  PRODUCTS  OR  MENSTRUAL  PRODUCTS  THAT DO NOT CONTAIN A
 RESTRICTED SUBSTANCE OR CHEMICAL OF CONCERN.
   3. WITHIN ONE YEAR OF THE COMPLETION OF  SUCH  RESEARCH,  ANY  CONCLU-
 SIONS,  RECOMMENDATIONS  AND PROPOSALS FOR IMPLEMENTING SUCH RECOMMENDA-
 TIONS SHALL BE TRANSMITTED TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF
 THE  SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE HEALTH
 COMMITTEE, AND THE CHAIR OF THE ASSEMBLY  HEALTH  COMMITTEE,  AND  SHALL
 ALSO BE MADE AVAILABLE TO THE PUBLIC.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and  be  deemed  repealed  two  years
 after such date.