New York City Council     Members

This bill bans the sale of all cosmetics containing certain formaldehyde-releasing chemicals and potentially harmful preservatives in New York City. Some preservatives used in cosmetics can release the harmful chemical formaldehyde under certain conditions. Additionally, some studies have identified the presence of certain preservatives used in cosmetics in breast cancer tumors.

  • Introduced

History

City Council
Introduced by Council

Int. No.

 

By Council Member Espinal

 

A Local Law to amend the administrative code of the city of New York, in relation to banning the sale of personal care products which contain certain chemicals in the city of New York

 

Be it enacted by the Council as follows:

Section 1.  Title 20 of the administrative code of the city of New York is amended by adding a new section 20-699.7 to read as follows:

§ 20-699.7 Ban on the sale of cosmetics containing harmful chemicals. a. Definitions. For the purposes of this section, the following terms have the following meanings:

Person. The term “person” means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or other entity or business organization.

Formaldehyde-releasing chemicals. The term “formaldehyde-releasing chemicals” means methylene glycol, quaternium-15, or diazolidinyl urea.

Propyl paraben. The term “propyl paraben” means a chemical preservative used in various cosmetic products.

Cosmetic. The term “cosmetic” means any cosmetic, as defined under 21 U.S.C. §321(i).

Stock keeping unit. The term “stock keeping unit” means each group of items offered for sale of the same brand name, quantity of contents, retail price and variety.

b. Sales ban. It is unlawful for any person to sell or offer for sale any cosmetic containing formaldehyde-releasing chemicals or propyl paraben in the city of New York.

c. Penalty. Any person who violates subdivision b of this section or any of the regulations promulgated thereunder is liable for a civil penalty not to exceed $250 for each violation. Each failure to comply with subdivision b of this section with respect to any one stock keeping unit constitutes a separate violation.

d. Rules and regulations. The department is authorized to promulgate such rules and regulations as it deems necessary to implement and enforce the provisions of this section.

§2. This local law shall take effect 120 days after it becomes law, except that the department may promulgate any rules and regulations necessary to implement section one of this local law on or before its effective date.

 

ZH

LS 8855/2016

12/28/2016