Florida Senate - 2020

SB 318

By Senator Stewart

13-00435-20

2020318__

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A bill to be entitled

2An act relating to the sale of sunscreen; creating s.

3380.29, F.S.; defining terms; prohibiting the sale,4

offer for sale, or distribution of certain sunscreen

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products to a consumer who does not have a6

prescription for such product; providing

7applicability; providing an effective date.

89WHEREAS, the Legislature finds that two chemicals contained10

in many sunscreens, oxybenzone and octinoxate, have significant

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harmful impacts on Florida’s marine environment and residing

12ecosystems, including coral reefs that protect this state’s

13shoreline, and

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WHEREAS, oxybenzone and octinoxate cause mortality in

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developing coral; increase coral bleaching that indicates

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extreme stress, even at temperatures below 87.8 degrees

17Fahrenheit; cause genetic damage to coral and other marine18organisms; degrade the coral’s resiliency and ability to adjust

19to climate change factors; and inhibit recruitment of new20

corals, and21

WHEREAS, oxybenzone and octinoxate appear to increase the22probability of endocrine disruption, and scientific studies show

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that both chemicals can induce feminization in adult male fish

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and increase reproductive diseases in marine invertebrate

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species, such as sea urchins; vertebrate species, such as

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wrasses, eels, and parrotfish; and mammals, and27

WHEREAS, oxybenzone and octinoxate also induce deformities

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in the embryonic development of fish, sea urchins, coral, and29

shrimp and induce neurological behavioral changes in fish which
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threaten the continuity of fish populations, andWHEREAS, species that are listed pursuant to the federal

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Endangered Species Act and inhabit this state’s waters,

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including sea turtle species, marine mammals, and migratory

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birds, may be exposed to oxybenzone and octinoxate

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contamination, and36

WHEREAS, the Legislature finds that oxybenzone and37

octinoxate environmental contamination persists in this state’s

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coastal waters because the contamination is constantly refreshed39

and renewed every day by swimmers and beachgoers, and will40

continue to be unless the chemicals are actively mitigated, and41

WHEREAS, sewage contamination of coastal waters is another42

source of oxybenzone and octinoxate environmental contamination43

because these chemicals are not removed by the state’s

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wastewater treatment systems and instead are discharged to the45

ground and surface waters through cesspools, leaking septic

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systems, and municipal wastewater collection and treatment

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systems, and48

WHEREAS, the Legislature intends to preserve marine

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ecosystems, including coral reefs, by prohibiting the sale of50

ultraviolet sun protection factor sunscreen personal care

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products containing oxybenzone and octinoxate in this state,

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NOW, THEREFORE,

5354

Be It Enacted by the Legislature of the State of Florida:

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Section 1. Section 380.29, Florida Statutes, is created toread:
380.29 Sale of sunscreen products containing oxybenzone orPage 2 of 4
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2020318__octinoxate, or both; prohibition.—60(1) For purposes of this section, the term:

61(a) “Octinoxate” refers to the chemical (RS)-2-Ethylhexyl

62(2E)-3-(4-methoxyphenyl)prop-2-enoate under the International

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Union of Pure and Applied Chemistry chemical nomenclature64

registry which has the chemical abstract service registry number

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5466-77-3; whose synonyms include, but are not limited to,66

ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex

672292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and68

Uvinul MC80; and which is intended to be used as protection

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against ultraviolet light radiation with a spectrum wavelength

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from 370 nanometers to 220 nanometers in an SPF sunscreen

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protection personal care product.

72(b) “Oxybenzone” refers to the chemical (2-Hydroxy-4-73

methoxyphenyl)-phenylmethanone under the International Union of74

Pure and Applied Chemistry chemical nomenclature registry which

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has the chemical abstract service registry number 131-57-7;

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whose synonyms include, but are not limited to, benzophenone-3,

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Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C,78Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, USAF Cy-9,

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Uniphenone-3U, 4-methoxy-2-hydroxybenzophenone, and Milestab 9;80

and which is intended to be used as protection against

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ultraviolet light radiation with a spectrum wavelength from 370

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nanometers to 220 nanometers in an SPF sunscreen protection

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personal care product.

84(c) “SPF sunscreen protection personal care product”

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includes, but is not limited to, a lotion, a paste, a balm, an

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ointment, a cream, a solid stick applicator, a brush applicator,87a roll-on applicator, an aerosol spray, a non-aerosol spray
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pump, and an automated and a manual mist spray.
(2) It is unlawful to sell, offer for sale, or distribute90

for sale in this state an SPF sunscreen protection personal care

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product that contains oxybenzone or octinoxate, or both, to a92

consumer who does not have a prescription from a licensed

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medical professional for such product.

94(3) This section applies only to an SPF sunscreen

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protection personal care product sold or distributed for sale in96

this state after July 1, 2020.

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Section 2. This act shall take effect July 1, 2020.

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