Bill Text: NY A05990 | 2023-2024 | General Assembly | Amended

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Bill Title: Restricts certain substances from being used in menstrual products.

Spectrum: Moderate Partisan Bill (Democrat 82-10)

Status: (Introduced) 2024-06-03 - amended on third reading 5990c [A05990 Detail]

Download: New_York-2023-A05990-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5990--C
                                                                Cal. No. 228

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 28, 2023
                                       ___________

        Introduced  by  M.  of  A.  L. ROSENTHAL, GLICK, FAHY, SIMON, GALLAGHER,
          LEVENBERG, CRUZ, JACKSON, TAYLOR, SIMONE,  BORES,  DICKENS,  LUNSFORD,
          COLTON,  STECK,  SHIMSKY,  RAGA,  DINOWITZ, STERN, JACOBSON, RAJKUMAR,
          THIELE, BARRETT, KIM, HEVESI, ANDERSON, GUNTHER, JEAN-PIERRE, EPSTEIN,
          McMAHON, SANTABARBARA, CLARK, MAMDANI,  SEAWRIGHT,  FORREST,  CARROLL,
          BICHOTTE HERMELYN,  SHRESTHA,  CUNNINGHAM, RA, EACHUS, BURGOS, SAYEGH,
          OTIS, DE LOS SANTOS,  WOERNER,  SILLITTI,  SLATER,  HUNTER,  NOVAKHOV,
          WEPRIN, VANEL, WALLACE, ZINERMAN, ZACCARO, BENEDETTO, PRETLOW, RIVERA,
          STIRPE, JONES, LUPARDO, MEEKS, CONRAD, McDONALD, LEE, ARDILA, BRONSON,
          BUTTENSCHON, PHEFFER AMATO, DAVILA, McDONALD, AUBRY, DILAN, MANKTELOW,
          GALLAHAN,  GANDOLFO,  RAMOS,  K. BROWN,  BURKE,  DURSO, KELLES, ROZIC,
          BENDETT, REYES, JENSEN, DARLING, BURDICK, PAULIN, ALVAREZ -- read once
          and referred to the Committee on Health -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the  Committee  on  Health  in  accordance  with
          Assembly  Rule  3,  sec.  2  -- reported from committee, advanced to a
          third reading, amended and ordered reprinted, retaining its  place  on
          the  order of third reading -- again amended on third reading, ordered
          reprinted, retaining its place on the order of third reading

        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:

     1    Section  1.  Paragraph (b) of subdivision 1 of section 399-aaaa of the
     2  general business law, as added by chapter 362 of the laws  of  2019,  is
     3  amended  and  three new paragraphs (c), (d) and (e) are added to read as
     4  follows:
     5    (b) "menstrual product" shall mean products used for  the  purpose  of
     6  catching  menstruation  and vaginal discharge, including but not limited
     7  to tampons, pads, and menstrual  cups.  These  products  may  be  either
     8  disposable or reusable[.];

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04800-12-4
        A. 5990--C                          2

     1    (c) "restricted substance" shall mean an unsafe chemical for inclusion
     2  in menstrual products as determined by the commissioner of health, which
     3  shall  include,  but  not  be  limited  to,  lead,  mercury  and related
     4  compounds, formaldehyde, triclosan, toluene,  talc,  dibutyl  phthalate,
     5  di(2)exylhexyl  phthalate,  butylphenyl  methylpropional  and isobutyl-,
     6  isopropyl-, butyl-, propylparaben, and perfluoroalkyl and  polyfluoroal-
     7  kyl substances;
     8    (d) "perfluoroalkyl and polyfluoroalkyl substances" shall mean a class
     9  of  fluorinated  organic chemicals containing at least one fully fluori-
    10  nated carbon atom;
    11    (e)  "intentionally  added  ingredient"  shall  mean  any  element  or
    12  compound  that  a  manufacturer  has  intentionally added to a menstrual
    13  product, and which has a functional or technical effect in the  finished
    14  product,  including, but not limited to, the components of intentionally
    15  added fragrance, flavoring and colorants, and the intentional  breakdown
    16  products  of  an added element or compound that also has a functional or
    17  technical effect on the finished product.
    18    § 2. Subdivision 4 of section 399-aaaa of the general business law  is
    19  renumbered  subdivision  5  and  a new subdivision 4 is added to read as
    20  follows:
    21    4. No menstrual products distributed, sold or offered for sale in this
    22  state, whether at retail or wholesale,  for  personal,  professional  or
    23  commercial use, or distributed for promotional purposes, shall contain:
    24    (a)  as  of  the  effective date, a restricted substance present as an
    25  intentionally added ingredient at any level; or
    26    (b) as of two years after thresholds are  established  in  regulation,
    27  but no later than January first, two thousand twenty-eight, a restricted
    28  substance  at or above a level that the department of health, in consul-
    29  tation with the department of environmental conservation,  shall  estab-
    30  lish  in  regulation  that  is  the  lowest  level  that can feasibly be
    31  achieved; provided, however, that the department of health  and  depart-
    32  ment  of  environmental  conservation shall review such level every five
    33  years to determine whether it should be  lowered.  The  commissioner  of
    34  health  shall  promulgate regulations establishing these levels no later
    35  than a year after the effective date of this section.
    36    § 3. This act shall take effect twelve  months  after  it  shall  have
    37  become  a  law.  Effective  immediately, the addition, amendment, and/or
    38  repeal of any rule or regulation necessary  for  the  implementation  of
    39  this  act  on its effective date are authorized to be made and completed
    40  on or before such effective date.