Relates to hair relaxer labeling, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1797
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  hair  relaxer
   labeling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 391-x to read as follows:
   § 391-X. HAIR RELAXER LABELING. 1. FOR PURPOSES OF THIS SECTION:
   A. "HAIR RELAXER" SHALL MEAN ANY PRODUCT TOPICALLY APPLIED TO HAIR FOR
 THE PURPOSE OF WEAKENING THE STRUCTURE AND CURLINESS OF THE  HAIR  FIBER
 AND ALLOWING FOR A STRAIGHTENING OF THE HAIR;
   B.  "MANUFACTURER" SHALL MEAN A PERSON, FIRM, ASSOCIATION, PARTNERSHIP
 OR CORPORATION WHO MANUFACTURES THE FINAL HAIR RELAXER  OR  WHOSE  BRAND
 NAME  IS  AFFIXED  TO  THE  PRODUCT.  IN  THE CASE OF A PRODUCT THAT WAS
 IMPORTED INTO THE UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR
 FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT IF THE  ENTITY  WHO  CURRENTLY
 MANUFACTURES  OR ASSEMBLES THE PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO
 THE PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES;
   C. "CHEMICAL" SHALL MEAN A SUBSTANCE WITH A DISTINCT MOLECULAR  COMPO-
 SITION  OR  A  GROUP OF STRUCTURALLY RELATED SUBSTANCES AND INCLUDES THE
 BREAKDOWN PRODUCTS OF THE SUBSTANCE  OR  SUBSTANCES  THAT  FORM  THROUGH
 DECOMPOSITION, DEGRADATION OR METABOLISM;
   D. "CARCINOGEN" SHALL MEAN ANY CHEMICAL IDENTIFIED AS:
   (I)  A  "GROUP  1  CARCINOGEN"  OR  "GROUP 2A CARCINOGEN" BY THE WORLD
 HEALTH ORGANIZATION OR INTERNATIONAL AGENCY FOR RESEARCH ON CANCER;
   (II) "KNOWN TO BE A HUMAN CARCINOGEN" AND "REASONABLY  ANTICIPATED  TO
 BE  A HUMAN CARCINOGEN" BY THE SECRETARY OF THE UNITED STATES DEPARTMENT
 OF HEALTH AND HUMAN SERVICES PURSUANT TO THE PUBLIC HEALTH SERVICE  ACT,
 42 UNITED STATES CODE, SECTION 241(B)(4), AS AMENDED; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03661-01-5
 A. 1797                             2
 
   (III)  "GROUP  A  CARCINOGENS"  OR "GROUP B CARCINOGENS" BY THE UNITED
 STATES ENVIRONMENTAL PROTECTION AGENCY; AND
   E.  "REPRODUCTIVE  TOXICANT" IS ANY CHEMICAL IDENTIFIED AS A REPRODUC-
 TIVE OR A DEVELOPMENTAL TOXICANT BY  THE  UNITED  STATES  DEPARTMENT  OF
 HEALTH  AND  HUMAN SERVICES, NATIONAL TOXICOLOGY PROGRAM, CENTER FOR THE
 EVALUATION OF RISKS TO HUMAN REPRODUCTION.
   2. ANY HAIR RELAXER BEING OFFERED FOR SALE IN THE STATE  OF  NEW  YORK
 THAT  CONTAINS  A  CARCINOGEN OR A REPRODUCTIVE TOXICANT SHALL PROVIDE A
 CLEAR AND CONSPICUOUS WARNING LABEL DISPLAYED ON THE PACKAGING OR  PROD-
 UCT  ITSELF,  WHICH  SHALL  BE PRINTED IN TYPE NO LESS THAN SIZE TWELVE-
 POINT FONT, THAT NOTIFIES THE CONSUMER AT THE TIME OF THE SALE THAT SUCH
 HAIR RELAXER CONTAINS SUCH CHEMICALS. THE WARNING LABEL SHALL STATE:
   (I) IF A PRODUCT CONTAINS A CARCINOGEN: "THIS PRODUCT CONTAINS A CHEM-
 ICAL KNOWN TO CAUSE CANCER";
   (II) IF A PRODUCT CONTAINS  A  REPRODUCTIVE  TOXICANT:  "THIS  PRODUCT
 CONTAINS  A  CHEMICAL KNOWN TO CAUSE BIRTH DEFECTS OR OTHER REPRODUCTIVE
 HARM"; OR
   (III) IF A PRODUCT CONTAINS BOTH A CARCINOGEN AND A REPRODUCTIVE TOXI-
 CANT: "THIS PRODUCT CONTAINS CHEMICALS KNOWN TO CAUSE CANCER  AND  BIRTH
 DEFECTS OR OTHER REPRODUCTIVE HARM".
   3.  MANUFACTURERS  SHALL  BE  RESPONSIBLE  FOR  ENSURING THAT ALL HAIR
 RELAXERS DISPLAY THE WARNING LABEL AS REQUIRED  BY  SUBDIVISION  TWO  OF
 THIS SECTION.
   4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN INJURED OR  DAMAGED  THEREBY.    WHENEVER  THE
 COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE
 COURT  MAY  IMPOSE  A  CIVIL PENALTY UP TO TWO HUNDRED FIFTY DOLLARS PER
 UNIT FOR THE FIRST OFFENSE AND UP TO FIVE HUNDRED DOLLARS PER  UNIT  FOR
 EACH  SUBSEQUENT  OFFENSE. IN CONNECTION WITH ANY SUCH PROPOSED APPLICA-
 TION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETER-
 MINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH
 THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect eighteen months after  it  shall  have
 become  a  law.  Effective  immediately,  the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.