§ 399-AAAA — Menstrual product labeling

§ 399-aaaa. Menstrual product labeling. 1. For purposes of this\nsection:\n (a) "ingredient" shall mean an intentionally added substance present\nin the menstrual product;\n * (b) "menstrual product" shall mean products used for the purpose of\ncatching menstruation and vaginal discharge, including but not limited\nto tampons, pads, and menstrual cups. These products may be either\ndisposable or reusable.\n * NB Effective until December 19, 2026\n * (b) "menstrual product" shall mean products used for the purpose of\ncatching menstruation and vaginal discharge, including but not limited\nto tampons, pads, and menstrual cups. These products may be either\ndisposable or reusable;\n * NB Effective December 19, 2026\n * (c) "restricted substance" shall mean an unsafe chemical for\ninclusion in menstrual products as determined by the commissioner of\nhealth, which shall include, but not be limited to, lead, mercury and\nrelated compounds, formaldehyde, triclosan, toluene, talc, dibutyl\nphthalate, di(2)exylhexyl phthalate, butylphenyl methylpropional and\nisobutyl-, isopropyl-, butyl-, propylparaben, and perfluoroalkyl and\npolyfluoroalkyl substances;\n * NB Effective December 19, 2026\n * (d) "perfluoroalkyl and polyfluoroalkyl substances" shall mean a\nclass of fluorinated organic chemicals containing at least one fully\nfluorinated carbon atom;\n * NB Effective December 19, 2026\n * (e) "intentionally added ingredient" shall mean any element or\ncompound that a manufacturer has intentionally added to a menstrual\nproduct, and which has a functional or technical effect in the finished\nproduct, including, but not limited to, the components of intentionally\nadded fragrance, flavoring and colorants, and the intentional breakdown\nproducts of an added element or compound that also has a functional or\ntechnical effect on the finished product.\n * NB Effective December 19, 2026\n 2. No later than eighteen months after this section shall have become\na law, each package or box containing menstrual products sold in this\nstate shall contain a plain and conspicuous printed list of all\ningredients which shall be listed in order of predominance. Such list\nshall either be printed on the package or affixed thereto.\n 3. The requirements of this section shall apply in addition to any\nother labeling requirements established pursuant to any other provision\nof law.\n * 4. Whenever a violation of this section has occurred, a civil\npenalty of one percent of the manufacturer's total annual in-state sales\nnot to exceed one thousand dollars per package or box shall be imposed\non the manufacturer.\n * NB Effective until December 19, 2026\n * 4. No menstrual products distributed, sold or offered for sale in\nthis state, whether at retail or wholesale, for personal, professional\nor commercial use, or distributed for promotional purposes, shall\ncontain:\n (a) as of the effective date, a restricted substance present as an\nintentionally added ingredient at any level; or\n (b) as of two years after thresholds are established in regulation,\nbut no later than January first, two thousand twenty-nine, a restricted\nsubstance at or above a level that the department of health, in\nconsultation with the department of environmental conservation, shall\nestablish in regulation that is the lowest level that can feasibly be\nachieved; provided, however, that the department of health and\ndepartment of environmental conservation shall review such level every\nfive years to determine whether it should be lowered. The commissioner\nof health shall promulgate regulations establishing these levels no\nlater than a year after the effective date of this section.\n * NB Effective December 19, 2026\n * 5. Whenever a violation of this section has occurred, a civil\npenalty of one percent of the manufacturer's total annual in-state sales\nnot to exceed one thousand dollars per package or box shall be imposed\non the manufacturer.\n * NB Effective December 19, 2026\n