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S4088Senate2015-2016 SessionSame asA526

Prohibits the manufacture, distribution, sale and use of nail polish and nail hardener containing certain dibutyl phthalates (DBP), toluene, or formaldehyde

Sponsor Tony AvellaSD-11Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Protection

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Who cares

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Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Ethics

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. Referred to consumer protection

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4088

Title of bill

An act to amend the general business law, in relation to prohibiting the manufacture, distribution or sale of nail polish and nail hardener containing dibutyl phthalates (DBP), toluene, and formaldehyde and prohibits the use of such nail polish and nail hardener by appearance enhancement businesses

Summary of provisions

Section one amends the general business law by adding a new section 399-tt This section prohibits the manufacture, distribution, sale and use of nail polish or nail hardener containing dibutyl phthalates (DBP), toluene, and formaldehyde.

Section two sets out the effective date.

Justification

Personal care products like shampoo, conditioner, nail polish, lotion and makeup are not regulated by the FDA or any other government agency. It is both legal and common for companies to use ingredients that are known or suspected to be carcinogens, mutagens, or reproductive toxins in their products.

Three of these ingredients are especially prevalent and harmful: dibu- tylpthalates (DBP), toluene and formaldehyde. Breathing DEP can irritate the nose and throat and may adversely affect the nervous system; high exposure can cause headaches, nausea, drowsiness and seizures. Toluene appears on several lists of chemicals known to cause cancer or reproduc- tive toxicity; exposure to it can result in damage to the brain, liver, bone marrow and kidneys. Formaldehyde has been classified as a probable human carcinogen by the Environmental Protection Agency.

The "toxic three," as they are known, are found in most nail polishes and hardeners in the United States. All three are listed under the Cali- fornia State Cosmetics Act as agents that can lead to cancer or birth defects. Many manufacturers, such as OPI Products, have already removed these three chemicals from their products. This bill will make it ille- gal to include dibutyl pthalates (DEP), toluene, and formaldehyde in the manufacture of all nail polish and nail hardener in the state of New York as well as prohibit the sale, distribution and use of nail polish and hardener that includes these chemicals.

Such a ban is essential in order to protect the health of the employees who work at nail salons, often for upwards of 10 hours a day without a break, as well as the customers who patronize nail salons, often accom- panied by young children.

Legislative history

A.710 of 2013-2014 A.1473 of 2011-2012 A.7447 of 2009-2010

Fiscal implications

None

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.