BILL NUMBER: S2057B
SPONSOR: WEBB
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
regulation of ingredients in personal care products and cosmetics
 
PURPOSE:
Requires the Department of Environmental Conservation to better regulate
the ingredients in personal care products and cosmetics and prohibits
the sale of products containing certain restricted ingredients
 
SUMMARY OF PROVISIONS:
Section 1 of the bill titles it the 'Beauty Justice Act.'
Section 2 states the legislative intent and outlines the need for
further regulation of cosmetics and personal care products.
Section 3 amends Article 37 of the Environmental Conservation Law by
adding a new Title XII, the Beauty Justice Act:
-Section 37-1201 defines key terms such as "cosmetic product," "inten-
tionally added ingredient," "manufacturer," "personal care product," and
"restricted substance."
-Section 31-1203 (1) prohibits the sale of personal care products and
cosmetics containing any restricted substance as an internationally
added ingredient, lead or lead compounds above a specified threshold
determined by the Department of Conservation (DEC) as the lowest level
that can feasibly be achieved after January 1, 2030. The DEC is directed
to promulgate regulations governing the levels at which lead and other
listed restricted substances would be allowable to be present in a prod-
uct and is required to review the threshold every five years to deter-
mine if it should be lowered.
-Section 37-1203 (2) authorizes the DEC to identify a list of chemicals
used in cosmetics and personal care products that release formaldehyde
to deem as restricted substances. In creating this list, the DEC must
consider the prevalence of use and potential to reduce disproportionate
exposure in addition to other criteria deemed relevant to the depart-
ment.
-Section 37-1203 (3) creates a hold harmless clause for retail estab-
lishments who can show they relied in good faith on the manufacturers'
data that the products they offer up sale meet the required standards.
- Section 37-1205 directs the DEC to identify safer alternatives to the
restricted substances for use in product formulation no later than Janu-
ary 1, 2029.
- Section 37-1307 directs the DEC to adopt the rules and regulations
necessary for the successful implementation of the Beauty Justice Act,
and requires the agency to consider relevant research, other states'
laws and policies, and input from relevant stakeholders including indus-
try representatives, manufacturers, and trade associations while devel-
oping these rules and regulations.
Section 4 amends Section 71-3703 of the Environmental Conservation Law
to add civil penalties on manufacturers that violate the provisions of
the Act.
Section 5 establishes a severability clause.
Section 6 establishes the effective date.
 
JUSTIFICATION:
There are thousands of chemicals in personal care, household cleaning,
and other consumer products, many of which have never been fully tested
for potential impacts on human health or the environment. This has led
national and international organizations to develop lists of chemicals
of concern and require their disclosure, such as the New York State
Department of Environmental Conservation's Household Cleaning Product
Ingredient Disclosure Program (HCPIDP).
Personal care products can contain chemicals associated with asthma,
allergies, hormone disruption, neurodevelopmental problems, infertility,
even cancer. Americans use an average of 10 personal care products every
day, resulting in exposure to hundreds of unique chemicals, and multiple
exposures to some. Exposure to chemicals in personal care products
begins in utero when chemicals absorbed by a pregnant mother are trans-
ferred across the placenta, and continues in infancy, with products such
as baby shampoo and diaper cream, and continues throughout their lifes-
pan.
New York State is not alone in seeking to promote greater transparency
and safety with personal care products. The European Union countries
prohibit (with few exceptions) substances classified as carcinogenic,
mutagenic, or toxic for reproduction in cosmetic products. The Canadian
government regularly updates a Cosmetic Ingredient Hotlist that includes
hundreds of chemicals and contaminants prohibited and restricted from
cosmetics, such as formaldehyde, triclosan, selenium, nitrosamines, and
1,4-dioxane. Furthermore, over 40 countries including Japan, Cambodia,
and Vietnam, have stricter restrictions on chemicals in personal care
products than does the United States.
By prohibiting restricted substances from being added to cosmetics and
personal care products as intentionally added ingredients, this bill
will make a meaningful difference in the health of New Yorkers who use
these products.
 
LEGISLATIVE HISTORY:
2025: S.2057A - Passed Senate
2024: S.4265B - Died on Third Reading
2023: S.4265 - Died on Third Reading
2022: S.3331B (Rivera) - Died on Third Reading
2021: S.3331 - Reported to Environmental Conservation
 
FISCAL IMPLICATIONS:
To be determined.
 
LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Necessary rulemaking may begin immediately.

Statutes affected:
S2057: 71-3703 environmental conservation law
S2057A: 71-3703 environmental conservation law
S2057B: 71-3703 environmental conservation law