§ 37-0117 — Prohibition of cosmetic products and personal care products containing 1,4-dioxane or mercury

§ 37-0117. Prohibition of cosmetic products and personal care products\n containing 1,4-dioxane or mercury.\n 1. The term "cosmetic product" shall mean any article (a) intended to\nbe rubbed, sprinkled, or sprayed on, introduced into, or otherwise\napplied to the human body or any part thereof for beautifying, promoting\nattractiveness, or altering the appearance, and (b) intended for use as\na component of any such article. The term "cosmetic product" shall not\ninclude any personal care product as defined in this section for which a\nprescription is required for distribution or dispensation as provided in\nsection two hundred eighty-one of the public health law or section\nsixty-eight hundred ten of the education law.\n 2. The term "personal care product" shall mean any product intended\nfor cleaning or cleansing any part of the body, such as the skin and\nhair, and including but not limited to, hair shampoo, hair conditioner,\nsoap, bath gels and other bath products. The term "personal care\nproduct" shall not include any product for which a prescription is\nrequired for distribution or dispensation as provided in section two\nhundred eighty-one of the public health law or section sixty-eight\nhundred ten of the education law.\n 3. No person shall sell or offer for sale any cosmetic product\ncontaining 1,4-dioxane, other than such trace concentrations, that\nexceeds ten parts per million by December thirty-first, two thousand\ntwenty-two.\n 4. No person shall sell or offer for sale any personal care product\ncontaining 1,4-dioxane, other than such trace concentrations, as\nauthorized by the commissioner, in consultation with the department of\nhealth, by regulation; and further, such trace concentrations for\npersonal care products shall not exceed two parts per million by\nDecember thirty-first, two thousand twenty-two and one part per million\nby December thirty-first, two thousand twenty-three.\n 5. No later then May first, two thousand twenty-five, and every two\nyears thereafter, the department, in consultation with the department of\nhealth, shall review such trace concentration thresholds and determine\nwhether such concentrations shall be lowered to better protect human\nhealth and the environment.\n 6. The department is authorized to promulgate such rules and\nregulations as it shall deem necessary to implement the provisions of\nthis section, including rules and regulations with respect to any\nallowable trace concentrations.\n 7. A manufacturer of a cosmetic product or personal care product,\notherwise subject to the requirements of subdivisions three and four of\nthis section, may apply to the department for a one-year waiver from\nsuch requirements for a specific cosmetic product or personal care\nproduct, and upon such proof that the manufacturer has taken steps to\nreduce the presence of 1,4-dioxane in that product and is unable to\ncomply with the requirements of subdivisions three and four of this\nsection. Thereafter, a manufacturer may apply for one additional\none-year waiver for such product, upon its satisfaction of such similar\nproof.\n 8. No person shall sell or offer for sale any cosmetic product or\npersonal care product containing mercury, other than in trace amounts\nidentified by the department, in consultation with the department of\nhealth, in regulations. Any such trace amounts shall be consistent with\nthe permissible concentrations of trace amounts allowed by the food and\ndrug administration as (a) unavoidable under conditions of good\nmanufacturing practice, or (b) necessary for use as a preservative in\nthe absence of an effective and safe nonmercurial preservative\nsubstitute in cosmetic products intended for use only in the area of the\neye. For the purposes of this subdivision "mercury" shall mean elemental\nmercury Hg, mercuric iodide, mercury oxide, mercurous chloride, ethyl\nmercury, phenyl mercuric salts, ammoniated mercury, amide chloride of\nmercury, mercury sulfide or cinnabaris, or mercury iodide.\n