STATE OF NEW YORK ________________________________________________________________________ 7978--A 2019-2020 Regular Sessions IN ASSEMBLY May 29, 2019 ___________ Introduced by M. of A. GOTTFRIED, ENGLEBRIGHT, L. ROSENTHAL, REYES, D'URSO, THIELE, ORTIZ, GALEF, DICKENS, STECK -- read once and referred to the Committee on Environmental Conservation -- reported and referred to the Committee on Ways and Means -- recommitted to the Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to the regulation of ingredients in personal care products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. There are thousands of 2 chemicals used in personal care, household cleaning, and other consumer 3 products, many of which have never been fully tested for potential 4 impacts on human health or the environment. This has led national and 5 international organizations to develop lists of chemicals of concern, 6 including the New York State Department of Environmental Conservation's 7 Household Cleaning Product Ingredient Disclosure Program (HCPIDP). While 8 federal law requires personal care product labels to list certain inten- 9 tionally added ingredients, information concerning potential health 10 effects is not widely available and certain categories of chemical 11 ingredients are exempt from labeling requirements. Furthermore, over 40 12 countries, including countries in the European Union, Japan, Cambodia, 13 and Vietnam, have stricter restrictions on chemicals in personal care 14 products than does the United States. Therefore, the legislature finds 15 and declares that federal disclosure requirements are inadequate to 16 educate and protect consumers, and that it shall be the policy of the 17 state to require the personal care product industry to more fully 18 disclose ingredients and identify ingredients published as chemicals of 19 concern on lists identified by the commissioner such as the HCPIDP or 20 other national or international lists. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11385-04-0A. 7978--A 2 1 § 2. Article 37 of the environmental conservation law is amended by 2 adding a new title 10 to read as follows: 3 TITLE X 4 REGULATION OF PERSONAL CARE PRODUCTS 5 Section 37-1001. Definitions. 6 37-1003. Disclosure. 7 37-1005. Periodic review. 8 37-1007. Sales prohibition. 9 37-1009. Small business exemption. 10 37-1011. Penalties. 11 § 37-1001. Definitions. 12 As used in this title, unless the context requires otherwise: 13 1. "Chemical of concern" shall mean a chemical appearing on any of the 14 lists included in the department of environmental conservation division 15 of materials management program policy on household cleansing product 16 information disclosure published on June sixth, two thousand eighteen 17 pursuant to article thirty-five of this chapter and 6 NYCRR part 659, or 18 as designated by the commissioner, in consultation with the commissioner 19 of health. 20 2. "Ingredient" shall mean all of the following: 21 (a) an intentionally added ingredient present in any quantity in a 22 personal care product; 23 (b) a nonfunctional byproduct or nonfunctional contaminant present in 24 a personal care product, in any quantity exceeding one part per million 25 of the content of the product, by weight or other amount determined by 26 the commissioner; 27 (c) a nonfunctional byproduct present in a personal care product in 28 any quantity not exceeding one part per million of the content of the 29 product by weight present at or above the practical quantification limit 30 as determined by the commissioner, provided such element or compound has 31 been published as a chemical of concern on one or more lists identified 32 by the commissioner; 33 (d) a nonfunctional contaminant present in a personal care product in 34 a quantity determined by the commissioner and not exceeding one part per 35 million of the content of the product by weight present at or above the 36 practical quantification limit, provided such element or compound has 37 been published as a chemical of concern on one or more lists identified 38 by the commissioner. 39 3. "Intentionally added ingredient" shall mean any element or compound 40 that a manufacturer has intentionally added to a personal care product, 41 and which has a functional or technical effect in the finished product, 42 including, but not limited to, the components of intentionally added 43 fragrance, flavoring and colorants, and the intentional breakdown 44 products of an added element or compound that also has a functional or 45 technical effect on the finished product. 46 4. "Nonfunctional byproduct" shall mean any element or compound which 47 has no functional or technical effect in the finished product which: 48 (a) was intentionally added during the manufacturing process for a 49 personal care product at any point in a product's, a raw material's or 50 ingredient's supply chain; or 51 (b) was created or formed during the manufacturing process as an 52 intentional or unintentional consequence of the manufacturing process at 53 any point in a product's, a raw material's, or an ingredient's supply 54 chain.A. 7978--A 3 1 Nonfunctional byproduct shall include, but is not limited to, an 2 unreacted raw material, a breakdown product of an intentionally added 3 ingredient, or a byproduct of the manufacturing process. 4 5. "Nonfunctional contaminant" shall mean any element or compound 5 present in a personal care product as an unintentional consequence of 6 manufacturing which has no functional or technical effect in the 7 finished product. Nonfunctional contaminants include, but are not limit- 8 ed to, elements or compounds present in the environment as contaminants 9 which were introduced into a product, a raw material, or a product 10 ingredient as a result of the use of an environmental medium, such as a 11 naturally occurring mineral, air, soil or water, in the manufacturing 12 process at any point in a product's, a raw material's, or an ingredi- 13 ent's supply chain. 14 6. "Manufacturer" shall mean any person, firm, association, partner- 15 ship, limited liability company, or corporation which produces, 16 prepares, formulates, or compounds a personal care product, or whose 17 brand name is affixed to such product. In the case of a personal care 18 product imported into the United States, "manufacturer" shall mean the 19 importer or first domestic distributor of the product if the entity that 20 manufactures the product or whose brand name is affixed to the product 21 does not have a presence in the United States. 22 7. "Personal care product" shall mean articles intended to be rubbed, 23 poured, sprinkled, or sprayed on, introduced into, or otherwise applied 24 to the human body or any part thereof for cleansing, beautifying, 25 promoting attractiveness, or altering the appearance, and articles 26 intended for use as a component of any such articles; except that such 27 term shall not include soap. 28 8. "Restricted substance" shall mean lead, mercury and related 29 compounds, formaldehyde, triclosan, toluene, per- and polyfluoroalkyl 30 substances, dibutyl phthalate, di(2)exylhexyl phthalate, and isobutyl-, 31 isopropyl-, butyl-, and propyl paraben. 32 9. "Soap" shall mean articles comprised entirely of an alkali salt of 33 fatty acids where the detergent properties of the article are due to the 34 alkali-fatty acid compounds, and the article shall be labeled, sold, and 35 represented only as a soap. 36 § 37-1003. Disclosure. 37 1. Manufacturers of personal care products distributed, sold or 38 offered for sale in this state, whether at retail or wholesale, for 39 personal, professional or commercial use, or distributed for promotional 40 purposes, shall furnish to the commissioner for public record, in a 41 manner prescribed by the commissioner that is readily accessible to the 42 public and machine readable, such information regarding such products 43 pursuant to rules and regulations promulgated by the commissioner. For 44 each personal care product, such information shall include, but shall 45 not be limited to: 46 (a) (i) a list naming each ingredient, as defined in subdivision two 47 of section 37-1001 of this title, of the product in descending order of 48 predominance by weight in the product, except that ingredients present 49 at a weight below one percent (1%) may be listed following other ingre- 50 dients without respect to the order of predominance by weight; 51 (ii) such list shall disclose that the ingredient is published as a 52 chemical of concern as identified in this title, including specification 53 of which list or lists such chemical of concern is on; and 54 (b) the nature and extent of investigations and research performed by 55 or for the manufacturer concerning the effects on human health and the 56 environment of such product or such ingredients.A. 7978--A 4 1 2. Such manufacturers shall furnish information on or before July 2 first, two thousand twenty-one and every two years thereafter. In addi- 3 tion, such manufacturers shall furnish such information prior to the 4 sale of any new personal care product, when the formulation of a 5 currently disclosed product is substantially or materially changed, when 6 any list of chemicals of concern identified by the commissioner pursuant 7 to this article is changed to include an ingredient present in a 8 personal care product subject to this article, or at such other times as 9 may be required by the commissioner. 10 3. Such information shall be made available to the public by the 11 commissioner, in accordance with this section, with the exception of 12 those portions which the manufacturer determines, subject to the 13 approval of the commissioner, is related to a proprietary process the 14 disclosure of which would compromise the manufacturer's competitive 15 position. The commissioner shall not approve any exceptions under this 16 subdivision with respect to any ingredient published as a chemical of 17 concern on one or more lists identified by the commissioner. 18 4. The commissioner may direct submission of such information to the 19 Interstate Chemicals Clearinghouse, which may make the reported informa- 20 tion available to the public, subject to information to be withheld 21 under subdivision three of this section. 22 § 37-1005. Periodic review. 23 The commissioner, in consultation with the commissioner of health, 24 shall periodically review the list of chemicals of concern and, may 25 through regulation, add or remove chemicals from such list. 26 § 37-1007. Sales prohibition. 27 Effective three years after this section takes effect, no person shall 28 distribute, sell or offer for sale in this state a personal care product 29 containing a restricted substance. 30 § 37-1009. Small business exemption. 31 The requirements of this title shall not apply to personal care prod- 32 uct manufacturers that employ five persons or fewer, and are independ- 33 ently owned and operated. 34 § 37-1011. Penalties. 35 A manufacturer in violation of this title is subject to a civil penal- 36 ty not to exceed five thousand dollars for each violation in the case of 37 a first offense. Manufacturers who commit subsequent violations are 38 subject to a civil penalty not to exceed ten thousand dollars for each 39 additional offense. 40 § 3. Severability. If any provision of this act, or any application of 41 any provision of this act, is held to be invalid, or to violate or be 42 inconsistent with any federal law or regulation, that shall not affect 43 the validity or effectiveness of any other provision of this act, or of 44 any other application of any provision of this act, which can be given 45 effect without that provision or application; and to that end, the 46 provisions and applications of this act are severable. 47 § 4. This act shall take effect on the one hundred eightieth day after 48 it shall have become a law. Effective immediately, the addition, amend- 49 ment and/or repeal of any rule or regulation necessary for the implemen- 50 tation of this act on its effective date are authorized to be made and 51 completed on or before such effective date.