S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1502
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL, GLICK, SIMON, GALLAGHER, LEVENBERG,
   CRUZ, JACKSON, TAYLOR, LUNSFORD, RAJKUMAR,  BARRETT,  SHIMSKY,  CLARK,
   SEAWRIGHT,  FORREST,  COLTON,  SIMONE,  BORES,  STECK, RAGA, DINOWITZ,
   STERN, JACOBSON, KIM, HEVESI, ANDERSON,  EPSTEIN,  McMAHON,  SANTABAR-
   BARA,   MAMDANI,   R. CARROLL,   BICHOTTE HERMELYN,  SHRESTHA,  TAPIA,
   CUNNINGHAM, EACHUS,  SAYEGH,  OTIS,  DE LOS SANTOS,  WOERNER,  HUNTER,
   WEPRIN,  VANEL,  ZINERMAN,  ZACCARO, BENEDETTO, RIVERA, STIRPE, JONES,
   LUPARDO, MEEKS,  CONRAD,  LEE,  BRONSON,  BUTTENSCHON,  PHEFFER AMATO,
   DAVILA,  DILAN,  RAMOS,  BURKE, KELLES, ROZIC, REYES, BURDICK, PAULIN,
   ALVAREZ, GIBBS -- read once and referred to the Committee on Health
 
 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[.];
   (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,  DIBUTYL  PHTHALATE,
 DI(2)EXYLHEXYL  PHTHALATE,  BUTYLPHENYL  METHYLPROPIONAL  AND ISOBUTYL-,
 ISOPROPYL-, BUTYL-, PROPYLPARABEN, AND PERFLUOROALKYL AND  POLYFLUOROAL-
 KYL SUBSTANCES;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04698-01-5
 A. 1502                             2
 
              

   (D) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" SHALL MEAN A CLASS
 OF  FLUORINATED  ORGANIC CHEMICALS CONTAINING AT LEAST ONE FULLY FLUORI-
 NATED CARBON ATOM;
   (E)  "INTENTIONALLY  ADDED  INGREDIENT"  SHALL  MEAN  ANY  ELEMENT  OR
 COMPOUND THAT A MANUFACTURER HAS  INTENTIONALLY  ADDED  TO  A  MENSTRUAL
 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.
   §  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) AS OF THE EFFECTIVE DATE, A RESTRICTED  SUBSTANCE  PRESENT  AS  AN
 INTENTIONALLY ADDED INGREDIENT AT ANY LEVEL; OR
   (B)  AS  OF  TWO YEARS AFTER THRESHOLDS ARE ESTABLISHED IN REGULATION,
 BUT NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-NINE, A  RESTRICTED
 SUBSTANCE  AT OR ABOVE A LEVEL THAT THE DEPARTMENT OF HEALTH, IN CONSUL-
 TATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  SHALL  ESTAB-
 LISH  IN  REGULATION  THAT  IS  THE  LOWEST  LEVEL  THAT CAN FEASIBLY BE
 ACHIEVED; PROVIDED, HOWEVER, THAT THE DEPARTMENT OF HEALTH  AND  DEPART-
 MENT  OF  ENVIRONMENTAL  CONSERVATION SHALL REVIEW SUCH LEVEL EVERY FIVE
 YEARS TO DETERMINE WHETHER IT SHOULD BE  LOWERED.  THE  COMMISSIONER  OF
 HEALTH  SHALL  PROMULGATE REGULATIONS ESTABLISHING THESE LEVELS NO LATER
 THAN A YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   § 3. This act shall take effect twelve  months  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.