S T A T E O F N E W Y O R K
________________________________________________________________________
1548
2025-2026 Regular Sessions
I N S E N A T E
January 10, 2025
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Women's Issues
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;
(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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04698-01-5
S. 1548 2
§ 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.
