Bill Text: NY S05663 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05663 Detail]

Download: New_York-2023-S05663-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5663

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 13, 2023
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the  sale  of  cleaning  products  containing  triclosan,
          triclocarban or derivatives of such antibacterial compounds

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 37-0123 to read as follows:
     3  § 37-0123. Prohibition of triclosan, triclocarban or derivatives of such
     4               antibacterial compounds.
     5    1. No person, firm, partnership, association, limited liability compa-
     6  ny or corporation shall sell or offer for  sale  any  cleaning  products
     7  containing triclosan, triclocarban, or derivatives of such antibacterial
     8  compounds,  within  New York state, provided, however, that this section
     9  shall not prohibit the sale of products  containing  such  antibacterial
    10  compounds that are used solely in medical facilities.
    11    2.  The  department  is  authorized to promulgate such rules and regu-
    12  lations as it shall deem necessary to implement the provisions  of  this
    13  section.
    14    §  2. Section 37-0101 of the environmental conservation law is amended
    15  by adding a new subdivision 8 to read as follows:
    16    8. "Cleaning products" means, but  are  not  limited  to,  dishwashing
    17  liquids,  laundry  detergents, fabric softeners, disinfectants, sponges,
    18  mop heads, brooms, garbage bags, cleaning agents,  antibacterial  soaps,
    19  hand  soaps,  bar  soaps,  liquid soaps, hand sanitizers, skin purifying
    20  wipes, body washes, facial and body cleansers, shampoos, and  condition-
    21  ers.
    22    §  3. Section 71-3703 of the environmental conservation law is amended
    23  by adding a new subdivision 6 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10014-01-3
        S. 5663                             2

     1    6. Any  person,  firm,  partnership,  association,  limited  liability
     2  company,  or  corporation  who violates any of the provisions of section
     3  37-0123 or any rule or regulation promulgated pursuant hereto, shall  be
     4  liable  for  a civil penalty not to exceed one thousand dollars for each
     5  day during which such violation continues, and in addition thereto, such
     6  person,  firm,  partnership,  association, limited liability company, or
     7  corporation may be  enjoined  from  continuing  such  violation.    Such
     8  person,  firm,  partnership,  association, limited liability company, or
     9  corporation shall for a second violation be liable to the people of  the
    10  state  for  a  civil  penalty  not  to  exceed two thousand five hundred
    11  dollars for each day during which such violation continues.
    12    § 4. This act shall take effect one year and six months after it shall
    13  have become a law. Effective immediately the addition and/or  repeal  of
    14  any  rule  or regulation necessary for the implementation of this act on
    15  its effective date are authorized to be made and completed on or  before
    16  one year after this act shall have become a law.