2023 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 or Mercury.

§ 37-0117.  Prohibition  of cosmetic products and personal care products
containing 1,4-dioxane or mercury.
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 subdivisions three and four  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  subdivisions three and four of this
  section.  Thereafter,  a  manufacturer  may  apply  for  one  additional
  one-year  waiver for such product, upon its satisfaction of such similar
  proof.
8. No person shall sell or offer for  sale  any  cosmetic  product  or
  personal  care  product  containing mercury, other than in trace amounts
  identified by the department, in consultation  with  the  department  of
  health,  in regulations. Any such trace amounts shall be consistent with
  the permissible concentrations of trace amounts allowed by the food  and
  drug   administration  as  (a)  unavoidable  under  conditions  of  good
  manufacturing practice, or (b) necessary for use as  a  preservative  in
  the   absence   of  an  effective  and  safe  nonmercurial  preservative
  substitute in cosmetic products intended for use only in the area of the

  eye. For the purposes of this subdivision "mercury" shall mean elemental
  mercury Hg, mercuric iodide, mercury oxide,  mercurous  chloride,  ethyl
  mercury,  phenyl  mercuric  salts, ammoniated mercury, amide chloride of
  mercury, mercury sulfide or cinnabaris, or mercury iodide.