Provides for the restriction of substances in menstrual products, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9503
 
                           I N  A S S E M B L Y
 
                              January 8, 2026
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the general business law, in relation to the restriction
   of certain substances in menstrual products; and to amend a chapter of
   the laws of 2025 amending the general business  law  relating  to  the
   restriction  of  certain substances in menstrual products, as proposed
   in legislative bills numbers S. 1548 and A. 1502, in relation  to  the
   effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (c) of subdivision 1 of section 399-aaaa of  the
 general business law, as added by a chapter of the laws of 2025 amending
 the  general  business  law  relating  to  the  restriction  of  certain
 substances in menstrual  products,  as  proposed  in  legislative  bills
 numbers S. 1548 and A. 1502, is amended to read as follows:
   (c)  "restricted  substance" shall mean [an unsafe chemical for inclu-
 sion in menstrual products as determined by the commissioner of  health,
 which  shall  include, but not be limited to,] lead, mercury and related
 compounds, formaldehyde, triclosan, toluene,  talc,  dibutyl  phthalate,
 [di(2)exylhexyl]   DI(2-ETHYLHEXYL)   phthalate,   2-(4-TERTBUTYLBENZYL)
 PROPIONALDEHYDE (ALSO KNOWN AS butylphenyl methylpropional  [and  isobu-
 tyl-,  isopropyl-,  butyl-,]), ISOBUTYLPARABEN, ISOPROPYLPARABEN, BUTYL-
 PARABEN,   propylparaben,   and   perfluoroalkyl   and   polyfluoroalkyl
 substances;
   § 2. Subdivision 4 of section 399-aaaa of the general business law, as
 added by a chapter of the laws of 2025 amending the general business law
 relating to the restriction of certain substances in menstrual products,
 as proposed in legislative bills numbers S. 1548 and A. 1502, is amended
 to read as follows:
   4. No menstrual products distributed, sold or offered for sale in this
 state,  whether  at  retail  or wholesale, for personal, professional or
 commercial use, or distributed for promotional purposes, shall contain[:
   (a) as of the effective date,] a restricted substance  present  as  an
 intentionally added ingredient at any level[; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04698-02-6
 A. 9503                             2

   (b)  as  of  two years after thresholds are established in regulation,
 but no later than January first, two thousand twenty-nine, a  restricted
 substance  at or above a level that the department of health, in consul-
 tation with the department of environmental conservation,  shall  estab-
 lish  in  regulation  that  is  the  lowest  level  that can feasibly be
 achieved; provided, however, that the department of health  and  depart-
 ment  of  environmental  conservation shall review such level every five
 years to determine whether it should be  lowered.  The  commissioner  of
 health  shall  promulgate regulations establishing these levels no later
 than a year after the effective date of this section].
   § 3. Section 3 of a chapter of the laws of 2025 amending  the  general
 business  law  relating  to  the  restriction  of  certain substances in
 menstrual products, as proposed in legislative bills numbers S. 1548 and
 A. 1502, is amended to read as follows:
   § 3. This act shall take effect twelve  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.]
   § 4. This act shall take effect immediately; provided,  however,  that
 sections  one and two of this act shall take effect on the same date and
 in the same manner as a chapter of the laws of 2025 amending the general
 business law relating  to  the  restriction  of  certain  substances  in
 menstrual products, as proposed in legislative bills numbers S. 1548 and
 A. 1502, takes effect.