§ 37-0117. Prohibition of cosmetic products and personal care products

containing 1,4-dioxane or mercury.

1. The term "cosmetic product" shall mean any article (a) intended to
be rubbed, sprinkled, or sprayed on, introduced into, or otherwise
applied to the human body or any part thereof for beautifying, promoting
attractiveness, or altering the appearance, and (b) intended for use as
a component of any such article. The term "cosmetic product" shall not
include any personal care product as defined in this section for which a
prescription is required for distribution or dispensation as provided in
section two hundred eighty-one of the public health law or section
sixty-eight hundred ten of the education law.

2. The term "personal care product" shall mean any product intended
for cleaning or cleansing any part of the body, such as the skin and
hair, and including but not limited to, hair shampoo, hair conditioner,
soap, bath gels and other bath products. The term "personal care
product" shall not include any product for which a prescription is
required for distribution or dispensation as provided in section two
hundred eighty-one of the public health law or section sixty-eight
hundred ten of the education law.

3. No person shall sell or offer for sale any cosmetic product
containing 1,4-dioxane, other than such trace concentrations, that
exceeds ten parts per million by December thirty-first, two thousand
twenty-two.

4. No person shall sell or offer for sale any personal care product
containing 1,4-dioxane, other than such trace concentrations, as
authorized by the commissioner, in consultation with the department of
health, by regulation; and further, such trace concentrations for
personal care products shall not exceed two parts per million by
December thirty-first, two thousand twenty-two and one part per million
by December thirty-first, two thousand twenty-three.

5. No later then May first, two thousand twenty-five, and every two
years thereafter, the department, in consultation with the department of
health, shall review such trace concentration thresholds and determine
whether such concentrations shall be lowered to better protect human
health and the environment.

6. The department is authorized to promulgate such rules and
regulations as it shall deem necessary to implement the provisions of
this section, including rules and regulations with respect to any
allowable trace concentrations.

7. A manufacturer of a cosmetic product or personal care product,
otherwise subject to the requirements of subdivisions three and four of
this section, may apply to the department for a one-year waiver from
such requirements for a specific cosmetic product or personal care
product, and upon such proof that the manufacturer has taken steps to
reduce the presence of 1,4-dioxane in that product and is unable to
comply with the requirements of subdivisions three and four of this
section. Thereafter, a manufacturer may apply for one additional
one-year waiver for such product, upon its satisfaction of such similar
proof.

8. No person shall sell or offer for sale any cosmetic product or
personal care product containing mercury, other than in trace amounts
identified by the department, in consultation with the department of
health, in regulations. Any such trace amounts shall be consistent with
the permissible concentrations of trace amounts allowed by the food and
drug administration as (a) unavoidable under conditions of good
manufacturing practice, or (b) necessary for use as a preservative in
the absence of an effective and safe nonmercurial preservative
substitute in cosmetic products intended for use only in the area of the
eye. For the purposes of this subdivision "mercury" shall mean elemental
mercury Hg, mercuric iodide, mercury oxide, mercurous chloride, ethyl
mercury, phenyl mercuric salts, ammoniated mercury, amide chloride of
mercury, mercury sulfide or cinnabaris, or mercury iodide.