STATE OF NEW YORK ________________________________________________________________________ 1548 2025-2026 Regular Sessions IN SENATE January 10, 2025 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues AN ACT to amend the general business law, in relation to the restriction of certain substances in menstrual products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 399-aaaa of the 2 general business law, as added by chapter 362 of the laws of 2019, is 3 amended and three new paragraphs (c), (d) and (e) are added to read as 4 follows: 5 (b) "menstrual product" shall mean products used for the purpose of 6 catching menstruation and vaginal discharge, including but not limited 7 to tampons, pads, and menstrual cups. These products may be either 8 disposable or reusable[.]; 9 (c) "restricted substance" shall mean an unsafe chemical for inclusion 10 in menstrual products as determined by the commissioner of health, which 11 shall include, but not be limited to, lead, mercury and related 12 compounds, formaldehyde, triclosan, toluene, talc, dibutyl phthalate, 13 di(2)exylhexyl phthalate, butylphenyl methylpropional and isobutyl-, 14 isopropyl-, butyl-, propylparaben, and perfluoroalkyl and polyfluoroal- 15 kyl substances; 16 (d) "perfluoroalkyl and polyfluoroalkyl substances" shall mean a class 17 of fluorinated organic chemicals containing at least one fully fluori- 18 nated carbon atom; 19 (e) "intentionally added ingredient" shall mean any element or 20 compound that a manufacturer has intentionally added to a menstrual 21 product, and which has a functional or technical effect in the finished 22 product, including, but not limited to, the components of intentionally 23 added fragrance, flavoring and colorants, and the intentional breakdown 24 products of an added element or compound that also has a functional or 25 technical effect on the finished product. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04698-01-5
S. 1548 2 1 § 2. Subdivision 4 of section 399-aaaa of the general business law is 2 renumbered subdivision 5 and a new subdivision 4 is added to read as 3 follows: 4 4. No menstrual products distributed, sold or offered for sale in this 5 state, whether at retail or wholesale, for personal, professional or 6 commercial use, or distributed for promotional purposes, shall contain: 7 (a) as of the effective date, a restricted substance present as an 8 intentionally added ingredient at any level; or 9 (b) as of two years after thresholds are established in regulation, 10 but no later than January first, two thousand twenty-nine, a restricted 11 substance at or above a level that the department of health, in consul- 12 tation with the department of environmental conservation, shall estab- 13 lish in regulation that is the lowest level that can feasibly be 14 achieved; provided, however, that the department of health and depart- 15 ment of environmental conservation shall review such level every five 16 years to determine whether it should be lowered. The commissioner of 17 health shall promulgate regulations establishing these levels no later 18 than a year after the effective date of this section. 19 § 3. This act shall take effect twelve months after it shall have 20 become a law. Effective immediately, the addition, amendment, and/or 21 repeal of any rule or regulation necessary for the implementation of 22 this act on its effective date are authorized to be made and completed 23 on or before such effective date.