What's happening
This bill bans the sale of household, cosmetic, and personal care products containing 1,4-dioxane above specific trace levels.
Why it matters
The bill targets 1,4-dioxane, a probable human carcinogen, by restricting its allowable trace amounts in everyday products, aiming to reduce public exposure through items commonly used in homes and on the body. These limits apply to household cleaning products, cosmetics, and personal care products, with phased reductions over time.
It empowers New York’s environmental and health agencies to periodically reevaluate and potentially lower the allowable trace levels, ensuring that regulations can adapt to new scientific findings and improved manufacturing capabilities. This could lead to stricter limits in the future, further reducing potential health risks.
Manufacturers that cannot immediately comply due to technical or economic hardship can apply for limited, time-bound waivers, but only if they can show documented efforts to reduce 1,4-dioxane. This helps balance consumer safety with the realities of industrial reformulation timelines and encourages ongoing innovation.
The bill establishes significant daily financial penalties for violations and allows for court injunctions to stop non-compliant sales, creating strong incentives for companies to reformulate products and proactively monitor for 1,4-dioxane. This enforcement mechanism is likely to drive industry-wide changes and heightened transparency regarding product safety.
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Who cares
Headline styles
Ban Toxic Chemical in Products
Plain English, a few words. Used as the page title.
Sponsors
22 Co-sponsors
- Joseph P. Addabbo Jr.
- Alessandra Biaggi
- Phil Boyle
- John E. Brooks
- David Carlucci
- Leroy Comrie
- Jim Gaughran
- Michael Gianaris
- Andrew Gounardes
- Pete Harckham
- Brad Hoylman-Sigal
- Anna Kaplan
- Liz Krueger
- Kenneth P. LaValle
- John Liu
- Monica Martinez
- Rachel May
- Jen Metzger
- Julia Salazar
- José M. Serrano
- James Skoufis
- Toby Ann Stavisky
History
- Approval memo.34
- Signed chap.613
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.528
- Substituted for A6295A
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1548
- Committee discharged and committed to rules
Show 5 earlier actions
- Print number 4389b
- Amend and recommit to environmental conservation
- Print number 4389a
- Amend (t) and recommit to environmental conservation
- Referred to environmental conservation
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 Toxic Chemical in Products
Assembly Floor Calendar · Sponsor Steven Englebright
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4389--B
2019-2020 Regular Sessions
IN SENATE
March 11, 2019
Introduced by Sens. KAMINSKY, BOYLE, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GOUNARDES, HARCKHAM, HOYLMAN, KAPLAN, KRUEGER, LAVALLE, LIU, SALAZAR, SERRANO, SKOUFIS, STAVISKY -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to prohibiting household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 35-0105 of the environmental conservation law is amended by adding four new subdivisions 4, 5, 6 and 7 to read as follows:
4. No household cleansing product shall be distributed, sold, offered or exposed for sale in this state which contains 1,4-dioxane other than such trace concentrations; such trace concentrations shall not exceed two parts per million by December thirty-first, two thousand twenty-two; and further, shall not exceed one part per million by December thirtyfirst, two thousand twenty-three.
5. No later then May first, two thousand twenty-five, and every two years thereafter, the department, in consultation with the department of health, shall review such trace concentration thresholds and determine whether such concentrations shall be lowered to better protect human health and the environment.
6. A manufacturer of a household cleansing product, otherwise subject to the requirements of subdivision four of this section, may apply to the department for a one-year waiver from such requirements for a specific household cleansing product, upon such proof that the manufac-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10243-05-9
S. 4389--B 2
turer has taken steps to reduce the presence of 1,4-dioxane in that product and is unable to comply with the requirements of subdivision four of this section. Thereafter, a manufacturer may apply for one additional one-year waiver for such product, upon such the satisfaction of such similar proof.
7. The department is authorized to promulgate such rules and regulations as it shall deem necessary to implement the provisions of this section, including rules and regulations with respect to any allowable trace concentrations, consistent with the requirements of this section.
§ 2. The environmental conservation law is amended by adding a new section 37-0115 to read as follows: § 37-0115. Prohibition of cosmetic products and personal care products
containing 1,4-dioxane.
1. The term "cosmetic product" shall mean any article (a) intended to be rubbed, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for beautifying, promoting attractiveness, or altering the appearance, and (b) intended for use as a component of any such article. The term "cosmetic product" shall not include any personal care product as defined in this section for which a prescription is required for distribution or dispensation as provided in section two hundred eighty-one of the public health law or section sixty-eight hundred ten of the education law.
2. The term "personal care product" shall mean any product intended for cleaning or cleansing any part of the body, such as the skin and hair, and including but not limited to, hair shampoo, hair conditioner, soap, bath gels and other bath products. The term "personal care product" shall not include any product for which a prescription is required for distribution or dispensation as provided in section two hundred eighty-one of the public health law or section sixty-eight hundred ten of the education law.
3. No person shall sell or offer for sale any cosmetic product containing 1,4-dioxane, other than such trace concentrations, not to exceed ten parts per million by December thirty-first, two thousand twenty-two.
4. No person shall sell or offer for sale any personal care product containing 1,4-dioxane, other than such trace concentrations, as authorized by the commissioner, in consultation with the department of health, by regulation; and further, such trace concentrations for personal care products shall not exceed two parts per million by December thirtyfirst, two thousand twenty-two and one part per million by December thirty-first, two thousand twenty-three.
5. No later then May first, two thousand twenty-five, and every two years thereafter, the department, in consultation with the department of health, shall review such trace concentration thresholds and determine whether such concentrations shall be lowered to better protect human health and the environment.
6. The department is authorized to promulgate such rules and regulations as it shall deem necessary to implement the provisions of this section, including rules and regulations with respect to any allowable trace concentrations, consistent with the requirements of this section.
7. A manufacturer of a cosmetic product or personal care product, otherwise subject to the requirements of this section, may apply to the department for a one-year waiver from such requirements for a specific cosmetic product or personal care product, and upon such proof that the manufacturer has taken steps to reduce the presence of 1,4-dioxane in that product and is unable to comply with the requirements of this
S. 4389--B 3
section. Thereafter, a manufacturer may apply for one additional oneyear waiver for such product, upon its satisfaction of such similar proof.
§ 3. Section 71-3703 of the environmental conservation law is amended by adding a new subdivision 4 to read as follows:
4. Any person who violates any of the provisions of, or who fails to perform any duty imposed by section 37-0115 or any rule or regulation promulgated pursuant hereto, shall be liable for a civil penalty not to exceed one thousand dollars for each day during which such violation continues, and in addition thereto, such person may be enjoined from continuing such violation. Such person shall for a second violation be liable to the people of the state for a civil penalty not to exceed two thousand five hundred dollars for each day during which such violation continues.
§ 4. This act shall take effect January 1, 2022. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to prohibiting household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane
Purpose or general idea of bill
To help prevent water contamination from 1,4 Dioxane.
Summary of provisions
This bill would amend § 35-0105 of the Environmental Conservation Law to prohibit the sale of household cleansing products containing 1,4-dioxane, add a new 37-0115 to the Environmental Conservation Law limiting the sale of cosmetic products and personal care products with certain levels of 1,4 Dioxane, and amend § 71-3703 of the Environmental Conservation Law to authorize civil penalties for violations.
Justification
The Environmental Protection Agency (EPA) identifies 1,4-Dioxane as a "likely carcinogen to humans. "While health risks associated with 1,4-Dioxane are well documented, it is still found in many consumer products where it is typically formed as a contaminant during the manu- facturing process of cosmetics, detergents, deodorants, and shampoos.
Once used by consumers and washed down the drain, it enters local water systems. Elevated levels of 1,4Dioxane have been found in municipalities across the State, with EPA data showing that Long Island has the highest levels detected in the entire country. On Long Island, 33 of 36 public water systems reported 1,4-Dioxane contamination, and one source in Hicksville reported levels as high as 33 micrograms per liter.
Other state have already taken action on 1,4-Dioxane, with Oregon list- ing 1,4-Dioxane as a high priority chemical of concern under its Toxic Free Kids Act, which when fully implemented will require companies to remove the chemical from products or seek a waiver. California's Propo- sition 65 list also includes 1,4-Dioxane, requiring clear and reasonable warning if resulting exposure would exceed 30 micrograms per day. This bill will reduce the amount of 1,4-Dioxane entering New York's drinking water by prohibiting its presence, in other than trace amounts, in cleansing and cosmetic products where it appears most often.
This proposal includes provisions to allow manufacturers time to develop methods for removing 1,4 Dioxane from their products. It is imperative that manufacturers have an appropriate amount of time to implement these requirements. If a manufacturer is unable to meet the trace allowance threshold, they may obtain a one-year waiver from such requirements, if they can show they have implemented measures to reduce 1,4 Dioxane from a product. Thereafter, manufacturers may obtain an additional one-year waiver for the same product.
To ensure compliance with these requirements, this bill would also allow civil penalties of up to one thousand dollars for each day of violation of section 37-01 15, up to two thousand five hundred dollars each day for a second violation.
Prior legislative history
This is a new bill.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect December 31, 2022
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.