What's happening
This bill prohibits the sale of cosmetics and cleaning products containing 1,4-Dioxane in New York, requires safer alternatives, and imposes penalties for violations.
Why it matters
Protects public health by eliminating 1,4-Dioxane. , a chemical classified as a likely human carcinogen, from everyday cosmetics and cleaning products, reducing potential cancer and toxicity risks for New Yorkers.
Prevents manufacturers from substituting 1,4-Dioxane with equally or more dangerous chemicals. , requiring that only the least toxic alternatives be used—and these alternatives must be reviewed and certified by the state before being allowed on the market.
Creates accountability and transparency. by mandating manufacturers to submit information about replacement chemicals to the Department of Environmental Conservation, ensuring regulatory oversight before new products are sold.
Allows for limited, closely monitored waivers. if no feasible alternatives exist, but only with rigorous scientific assessments and exposure analysis, and restricts such waivers to a maximum of two years, pressuring industry to innovate safer formulations.
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Who cares
Cosmetics and cleaning product manufacturers
The bill would require them to use the least toxic replacement for 1,4-Dioxane, obtain department certification before manufacturing the replacement product, or seek limited sales-ban waivers if no alternatives are available.
Retailers selling cosmetics and cleaning products
The bill would prohibit sales and offers for sale of products containing 1,4-Dioxane in New York, with civil penalties for violations.
New York State Department of Environmental Conservation
The department would certify replacement chemicals, consider waiver applications and have authority to issue implementing regulations.
Shoppers buying personal care and household cleaning products
The ban would cover products including shampoos, conditioners, soaps, hand sanitizers, cosmetics and disinfectants containing 1,4-Dioxane.
Headline styles
Ban Toxic Chemical in Products
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred 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 Cosmetics Chemical
In Assembly Committee · Environmental Conservation · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
99
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KAMINSKY -- 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 cosmetics or cleaning products containing
1,4-Dioxane
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 37-0115 to read as follows: § 37-0115. Prohibition of cosmetics and cleaning products containing
1,4-Dioxane.
1. No person shall sell or offer for sale any cosmetics or cleaning products containing 1,4-Dioxane within New York state.
2. A manufacturer of a product prohibited to be sold or offered for sale pursuant to this section shall:
a. not replace 1,4-Dioxane with another chemical compound that has been scientifically established to be a known human carcinogen as classified by the United States Environmental Protection Agency, a developmental toxin, an endocrine disrupter or a reproductive toxin;
b. use the least toxic alternative chemical compound to replace 1,4-Dioxane;
c. provide, to the department prior to the manufacture of such product, information on such least toxic alternative chemical compound; and
d. not manufacture such product until the department shall have certified such least toxic alternative chemical compound to replace 1,4-Dioxane.
3. The department is authorized to promulgate such rules and regulations as it shall deem necessary to implement the provisions of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03419-01-9
S. 99 2
4. a. A manufacturer of a product that is subject to the provisions of subdivision one of this section, may apply to the department for a waiver of the requirements of such subdivision for a period of one year, upon proof that there are no available alternatives to 1,4-Dioxane in a cosmetics or cleaning product that is subject to the provisions of subdivision one of this section. After the granting of such a waiver to a manufacturer, it may thereafter apply for one additional one year waiver. An application for a waiver shall include, but is not limited to:
(1) An alternatives assessment demonstrating that removal of 1,4-Dioxane from a given cosmetics or cleaning product is not financially or technically feasible; and
(2) A quantitative exposure assessment demonstrating that use of the product is not reasonably anticipated to result in exposure to 1,4-Dioxane.
b. An alternatives assessment or quantitative exposure assessment submitted under this subdivision must be conducted in a manner consistent with any guidance and frameworks for such assessments provided by the department and as established by the United States Environmental Protection Agency and the Interstate Chemicals Clearinghouse.
§ 2. Section 37-0101 of the environmental conservation law is amended by adding two new subdivisions 7 and 8 to read as follows:
7. "Cosmetics" include, but are not limited to, merchandise, other than soap, that is intended to be rubbed, poured, sprinkled, or sprayed onto, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance of the human body or any part thereof.
8. "Cleaning products" include, but are not limited to, household cleansing products as defined in section 35-0103 of this chapter, disinfectants, cleaning agents, antibacterial soaps, hand soaps, bar soaps, liquid soaps, baby soaps, hand sanitizers, skin purifying wipes, body washes, facial and body cleansers, shampoos, and conditioners.
§ 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 of this chapter 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 December 31, 2020.
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 the sale of cosmetics or cleaning products containing 1,4-Dioxane
Purpose
To reduce exposure to 1,4-Dioxane, a chemical that the U.S. Environ- mental Protection Agency has identified as a "likely carcinogen to humans."
Summary of provisions
Section 1 amends the environmental conservation law by adding a new section 37-0115 as described in the bill.
Read the full memo (604 words)
Section 2 amends the environmental conservation law by adding two new subdivisions 7 and 8 to Section 37-0101 as described in the bill.
Section 3 amends section 71-3703 of the environmental conservation law by adding a new subdivision 4 as described in the bill.
Justification
Although the Environmental Protection Agency has identified 1,4-Dioxane as "likely carcinogenic to humans" no enforceable federal regulatory standard exists for this chemical. In addition to being a likely carci- nogen, research has shown it to be persistent and mobile - character- istics that lend to longterm environmental and public health risks.
Despite these risks 1,4-Dioxane continues to be found in many consumer products. It is a chemical stabilizer that is the by-product of a common processing method used for consumer products, including: cosmetics, detergents, deodorants, shampoos and baby shampoos. Not only are these products people utilize on a daily basis, but they are products that move into local water systems after being washed down the drain. Commu- nities without larger public water systems face particular risk of contamination and exposure to this chemical, as small sewage treatment plants and septic systems are not generally designed to filter or treat water for 1,4-Dioxane.
Other states have begun to take action in lieu of federal regulatory standards. Oregon has listed 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 the products or seek a waiver. California's Proposition 65 list of chemicals known to cause cancer also includes 1,4-Dioxane, requiring a clear and reasonable warn- ing if resulting exposure would exceed 30 micrograms per day. New York has no chemical specific standards for 1,4-Dioxane however, leaving it at the much higher default level for unregulated contaminants of 50 micrograms per liter.
In the last few years, a number of municipalities and counties around New York have found elevated levels of 1,4-Dioxane in drinking water supplies, especially on Long Island. Data from the EPA's Third Unregu- lated Contaminant Monitoring Rule (UCMR3) revealed that Long Island has the highest levels detected in the entire country. In total, 33 of the 36 public water systems on Long Island included in the study reported 1,4-Dioxane contamination, with one source in Hicksville testing as high as 33 micrograms per liter. The EPA's current drinking water guideline is .35 micrograms per liter.
This bill will reduce the risks to public and environmental health posed by 1,4-Dioxane, stemming its flow into water systems by ensuring that its not in the cleaning and cosmetics products New Yorkers use on a daily basis. Under this bill manufacturers who demonstrate that the use of a product does not result in exposure and that the removal of 1,4-Dioxane isn't financially or technically feasible can apply for a one year waiver. Those granted a waiver can thereafter apply for an additional one year waiver. This bill would further require that any chemical substituted for 1,4-Dioxane in a product is not a known carci- nogen, developmental toxin, endocrine disrupter or reproductive toxin, and that it is the least toxic alternative.
Legislative history
S.5450- 2017/2018
Fiscal implications
None to the state.
Effective date
December 31, 2020.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.