Sponsor:
DUANE
Committee: CONSUMER PROTECTION
Law Section: General Business Law
Committee: CONSUMER PROTECTION
Law Section: General Business Law
S5478 Summary
Prohibits the manufacture, distribution and sale of nail polish and nail hardener containing certain dibutyl phthalates (DBP), toluene, or formaldehyde; prohibits the use of such nail polish and nail hardener by appearance enhancement businesses.S5478 Actions
S5478 - REFERRED TO CONSUMER PROTECTION - May 11, 2009S5478 Memo
BILL NUMBER: S5478
TITLE OF BILL : An act to amend the general business law, in relation to prohibiting the manufacture, distribution or sale of nail polish and nail hardener containing dibutyl phthalates (DBP), toluene, and formaldehyde and prohibits the use of such nail polish and nail hardener by appearance enhancement businesses
PURPOSE OR GENERAL IDEA OF BILL : This bill bans the manufacture, distribution, sale and use of nail polish and nail hardeners that contain the "toxic three".
SUMMARY OF SPECIFIC PROVISIONS :
Section one amends the general business law by adding a new section 399-tt. This section prohibits the manufacture, distribution, sale and use of nail polish or nail hardener containing dibutyl phthalates (DBP), toluene, and formaldehyde.
Section two sets out the effective date.
JUSTIFICATION : Personal care products like shampoo, conditioner, nail polish, lotion and makeup are not regulated by the FDA or any other government agency. It is both legal and common for companies to use ingredients that are known or suspected to be carcinogens, mutagens, or reproductive toxins in the their products. Three of these ingredients
are especially prevalent and harmful: dibutyl pthalates (DBP), toluene and formaldehyde. Breathing DBP can irritate the nose and throat and may adversely affect the nervous system; high exposure can cause headaches, nausea, drowsiness and seizures. Toluene appears on several lists of chemicals known to cause cancer or reproductive toxicity; exposure to it can result in damage to the brain, liver, bone marrow and kidneys. Formaldehyde has been classified as a probable human carcinogen by the Environmental Protection Agency. The "toxic three," as they are known, are found in most nail polishes and hardeners in the United States. The European Union has already made it illegal to include them in nail polishes and many manufacturers such as OPI have taken them out of their products. This bill will make it illegal to include dibutyl pthalates (DBP), toluene, and formaldehyde in the manufacture of all nail polish and nail hardener in the state of New York as well as prohibit the sale, distribution and use of nail polish and hardener that includes these chemicals. Such a ban is essential in order to protect the health of the women who work at nail salons, often for upwards of 10 hours a day without a break, as well as the women who patronize nail salons, often accompanied by young children.
PRIOR LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the first of January next succeeding the date on which it shall have become law.
S5478 Text
S T A T E O F N E W Y O R K5478
2009-2010 Regular Sessions I N SENATE May 11, 2009
Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to prohibiting the manufacture, distribution or sale of nail polish and nail hardener containing dibutyl phthalates (DBP), toluene, and formaldehyde and prohibits the use of such nail polish and nail hardener by appearance enhancement businesses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section 399-tt to read as follows:
S 399-TT. MANUFACTURE, DISTRIBUTION, SALE AND USE OF NAIL POLISH OR NAIL HARDENER CONTAINING DIBUTYL PHTHALATES (DBP), TOLUENE, AND FORMAL DEHYDE PROHIBITED. 1. THE FOLLOWING SUBSTANCES SHALL BE PROHIBITED IN THE MANUFACTURE, DISTRIBUTION AND SALE OF NAIL POLISH OR NAIL HARDENER:
(A) DIBUTYL PHTHALATES (DBP); (B) TOLUENE; AND (C) FORMALDEHYDE. 2. IT SHALL BE UNLAWFUL FOR APPEARANCE ENHANCEMENT BUSINESSES TO USE NAIL POLISH OR NAIL HARDENER CONTAINING:
(A) DIBUTYL PHTHALATES (DBP); (B) TOLUENE; OR (C) FORMALDEHYDE.
S 2. This act shall take effect on the first of January next succeed ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07398-04-9
*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.
Discuss!
blog comments powered by Disqus