BILL NUMBER: S5363
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the sale of cleaning products containing triclosan, triclo-
carban or derivatives of such antibacterial compounds
 
PURPOSE:
The bill would prohibit the sale of cleaning products containing triclo-
san, triclocarban or derivatives of such antibacterial compounds.
 
SUMMARY OF PROVISIONS:
Amends the environmental conservation law by adding a new section
37-0115, which would prohibit any person, firm, partnership, associ-
ation, limited liability company or corporation from selling or offering
for sale any cleaning products containing triclosan, triclocarban, or
derivatives of such antibacterial compounds, within New York State. This
section shall not prohibit the sale of such products that are used sole-
ly in medical facilities. The bill would also authorize the Department
of Environmental Conservation (DEC) to promulgate rules and regulations
in order to implement these provisions. The bill also contains civil
penalties for violation of its provisions.
 
JUSTIFICATION:
Triclosan is a phenyl ether or chlorinated bisphenol, which has been
used as a synthetic broad-spectrum antimicrobial agent since the early
1970s. Triclosan can be found in an array of consumer products, such as
antibacterial soaps, dishwashing products, shampoos, conditioners, laun-
dry detergents and softeners. The U.S. Food and Drug Administration has
found no evidence that triclosan in antibacterial soaps are more effec-
tive against germs than regular soap and water.
Several studies have found large amounts of triclosan in surface waters,
soil, sediments, and algae. In 2013, a University of Minnesota study
found increasing amounts of triclosan in Minnesota's freshwater lakes.;
The study also found several chlorinated triclosan derivatives, which
form when triclosan is exposed to chlorine during the wastewater disin-
fection process. Studies have also found evidence of triclosan in New
York State waterways.
A United States Geologic Survey (USGS) study found triclosan to be one
of the most frequently detected compounds in wastewater contaminants.
Over 95 percent of the uses of triclosan are in consumer products that
are disposed of dowh residential drains. Since wastewater treatment
plants are unable to completely remove triclosan from the water and the
compound is highly stable for long periods of time, an increasing amount
of triclosan is emitted into waterways. Triclosan has also been found to
be toxic to aquatic life and algae. Given the potential environmental
impacts associated with triclosan, it is imperative that the state take
appropriate measures to protect the environment from further exposure to
this chemical.
 
LEGISLATIVE HISTORY:
2014: A8697b
2015-16: S.6070 Referred to Environmental Conservation
2017-18: 5.5053
2019-20: 8.1547
2021-22: S.5122
2023-24: 55663
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect one year and six months after it shall have
become a law.

Statutes affected:
S5363: 37-0101 environmental conservation law, 71-3703 environmental conservation law