NY Env Conserv L § 37-0117 (2021)
2021 New York Laws ENV - Environmental Conservation Article 37 - Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment Title 1 - Substances Hazardous to the Environment 37-0117 - Prohibition of Cosmetic Products and Personal Care Products Containing 1,4-Dioxane.

* § 37-0117. Prohibition of cosmetic products and personal care productscontaining 1,4-dioxane.1.  The term "cosmetic product" shall mean any article (a) intended to   be rubbed, sprinkled, or  sprayed  on,  introduced  into,  or  otherwise   applied to the human body or any part thereof for beautifying, promoting   attractiveness,  or altering the appearance, and (b) intended for use as   a component of any such article. The term "cosmetic product"  shall  not   include any personal care product as defined in this section for which a   prescription is required for distribution or dispensation as provided in   section  two  hundred  eighty-one  of  the  public health law or section   sixty-eight hundred ten of the education law.2. The term "personal care product" shall mean  any  product  intended   for  cleaning  or  cleansing  any part of the body, such as the skin and   hair, and including but not limited to, hair shampoo, hair  conditioner,   soap,  bath  gels  and  other  bath  products.  The  term "personal care   product" shall not include any  product  for  which  a  prescription  is   required  for  distribution  or  dispensation as provided in section two   hundred eighty-one of the  public  health  law  or  section  sixty-eight   hundred ten of the education law.3.  No  person  shall  sell  or  offer  for  sale any cosmetic product   containing 1,4-dioxane,  other  than  such  trace  concentrations,  that   exceeds  ten  parts  per  million by December thirty-first, two thousand   twenty-two.4. No person shall sell or offer for sale any  personal  care  product   containing   1,4-dioxane,  other  than  such  trace  concentrations,  as   authorized by the commissioner, in consultation with the  department  of   health,  by  regulation;  and  further,  such  trace  concentrations for   personal care products  shall  not  exceed  two  parts  per  million  by   December  thirty-first, two thousand twenty-two and one part per million   by December thirty-first, two thousand twenty-three.5. No later then May first, two thousand twenty-five,  and  every  two   years thereafter, the department, in consultation with the department of   health,  shall  review such trace concentration thresholds and determine   whether such concentrations shall be lowered  to  better  protect  human   health and the environment.6.   The  department  is  authorized  to  promulgate  such  rules  and   regulations as it shall deem necessary to implement  the  provisions  of   this  section,  including  rules  and  regulations  with  respect to any   allowable trace concentrations.7. A manufacturer of a cosmetic  product  or  personal  care  product,   otherwise  subject to the requirements of this section, may apply to the   department for a one-year waiver from such requirements for  a  specific   cosmetic  product or personal care product, and upon such proof that the   manufacturer has taken steps to reduce the presence  of  1,4-dioxane  in   that  product  and  is  unable  to  comply with the requirements of this   section.  Thereafter,  a  manufacturer  may  apply  for  one  additional   one-year  waiver for such product, upon its satisfaction of such similar   proof.* NB Effective January 1, 2022