What's happening
This bill bans nail polish and hardeners containing DBP, toluene or formaldehyde from New York commerce.
Why it matters
Statewide product ban. Prohibits manufacturing, distributing or selling nail polish and nail hardener containing any of the three listed chemicals in New York.
Salon restrictions. Separately bars appearance enhancement businesses from using these products; it does not prohibit personal use.
New legal restriction. Adds a prohibition to the General Business Law, effective January 1 following enactment, without specifying penalties or enforcement procedures.
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Who cares
Nail product manufacturers
They would be prohibited from manufacturing nail polish or hardener containing the listed chemicals in New York.
Distributors and retailers
They would have to stop distributing or selling covered products in the state.
Nail salons and other appearance enhancement businesses
They would be barred from using covered products on customers.
Nail polish consumers
They could no longer buy covered products through lawful sales in New York.
Headline styles
Ban Three Nail Product Chemicals
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Three Nail Product Chemicals
In Assembly Committee · Economic Development · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1484
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 399-tt to read as follows:
§ 399-tt. Manufacture, distribution, sale and use of nail polish or nail hardener containing dibutyl phthalates (DBP), toluene, and formaldehyde prohibited. 1. The following substances shall be prohibited in the manufacture, distribution and sale of nail polish or nail hardener:
(a) dibutyl phthalates (DBP);
(b) toluene; and
(c) formaldehyde.
2. It shall be unlawful for appearance enhancement businesses to use nail polish or nail hardener containing:
(a) dibutyl phthalates (DBP);
(b) toluene; or
(c) formaldehyde.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01010-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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: dibutylpthalates (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 reproductive 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 California 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 illegal 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 accompanied by young children.
Legislative history
S.4088/A.526 of 2015-2016 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.