Bill Text: NY S06636 | 2015-2016 | General Assembly | Amended

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Bill Title: Enacts the triclosan awareness act prohibiting the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds and establishes a civil penalty for selling such items.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Engrossed - Dead) 2016-06-17 - referred to codes [S06636 Detail]

Download: New_York-2015-S06636-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6636--A
                    IN SENATE
                                    February 2, 2016
                                       ___________
        Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          enacting the "triclosan awareness act", prohibiting the sale of clean-
          ing 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.  This act shall be known and may be cited as the "triclosan
     2  awareness act".
     3    §  2.  The  environmental  conservation law is amended by adding a new
     4  section 37-0115 to read as follows:
     5  § 37-0115. Prohibition of triclosan, triclocarban or derivatives of such
     6               antibacterial compounds.
     7    1. No person shall sell  or  offer  for  sale  any  cleaning  products
     8  containing triclosan, triclocarban, or derivatives of such antibacterial
     9  compounds,  within  New York state, provided, however, that this section
    10  shall not prohibit the sale or  offer  for  sale  of  cleaning  products
    11  containing  such antibacterial compounds that are used solely in medical
    12  facilities and shall not prohibit the sale or offer for sale of cleaning
    13  products or individual  cleaning  products  for  which  specific  United
    14  States  food  and drug administration approval for consumer use has been
    15  secured.
    16    2. The department is authorized to promulgate  such  rules  and  regu-
    17  lations  as  it shall deem necessary to implement the provisions of this
    18  section.
    19    § 3. Section 37-0101 of the environmental conservation law is  amended
    20  by adding a new subdivision 7 to read as follows:
    21    7.  "Cleaning  products"  include,  but  are not limited to, household
    22  cleansing products as defined in section 35-0103 of this chapter, disin-
    23  fectants, sponges, mop heads, brooms,  garbage  bags,  cleaning  agents,
    24  antibacterial  soaps, hand soaps, bar soaps, liquid soaps, hand sanitiz-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13906-06-6
        S. 6636--A                          2
     1  ers, skin purifying wipes, body washes, facial and body cleansers, sham-
     2  poos, and conditioners.
     3    §  4. Section 71-3703 of the environmental conservation law is amended
     4  by adding a new subdivision 4 to read as follows:
     5    4. Any person who violates any of the provisions of or  who  fails  to
     6  perform  any duty imposed by section 37-0115 of this chapter or any rule
     7  or regulation promulgated pursuant hereto, shall be liable for  a  civil
     8  penalty  not  to  exceed  one thousand dollars for each day during which
     9  such violation continues, and in addition thereto, such  person  may  be
    10  enjoined from continuing such violation.  Such person shall for a second
    11  violation  be  liable to the people of the state for a civil penalty not
    12  to exceed two thousand five hundred dollars for each  day  during  which
    13  such violation continues.
    14    §  5. This act shall take effect December 31, 2018; provided, however,
    15  that effective immediately the addition and/or repeal  of  any  rule  or
    16  regulation necessary for the implementation of this act on its effective
    17  date  are  authorized and directed to be made and completed on or before
    18  one year after this act shall have become a law.