Bill Text: NY S03529 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Slight Partisan Bill (Democrat 19-7)

Status: (Engrossed) 2024-06-06 - referred to health [S03529 Detail]

Download: New_York-2023-S03529-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3529--B
            Cal. No. 98

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sens.  FERNANDEZ, CLEARE, ADDABBO, ASHBY, CHU, HARCKHAM,
          HOYLMAN-SIGAL, JACKSON, LIU, MARTINEZ,  MARTINS,  MAY,  MAYER,  MYRIE,
          RHOADS,  ROLISON,  SERRANO,  TEDISCO,  WEBB  -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Women's
          Issues  --  committee  discharged,  bill amended, ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee  on  Women's Issues in accordance with Senate Rule 6, sec. 8
          -- reported favorably from said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  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[.];
     9    (c) "restricted substance" shall mean an unsafe chemical for inclusion
    10  in menstrual products as determined by the commissioner of health, which
    11  shall include,  but  not  be  limited  to,  lead,  mercury  and  related
    12  compounds,  formaldehyde,  triclosan,  toluene, talc, dibutyl phthalate,
    13  di(2)exylhexyl phthalate,  butylphenyl  methylpropional  and  isobutyl-,
    14  isopropyl-,  butyl-, propylparaben, and perfluoroalkyl and polyfluoroal-
    15  kyl substances;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04800-10-4
        S. 3529--B                          2

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