File #: Int 0867-2024    Version: * Name: Prohibiting the sale of menstrual and intimate care products that contain unsafe ingredients.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Women and Gender Equity
On agenda: 5/16/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the sale of menstrual and intimate care products that contain unsafe ingredients
Sponsors: Amanda Farías, Justin L. Brannan, Julie Menin, Tiffany Cabán, Jennifer Gutiérrez, Gale A. Brewer, Shahana K. Hanif, Eric Dinowitz, Mercedes Narcisse, Julie Won, Inna Vernikov
Council Member Sponsors: 11
Summary: This bill would prohibit the sale, offer for sale, and distribution of menstrual products or intimate care products that contain ingredients harmful to human health, including specified chemicals and fragrances. Violations would be punishable by a civil penalty not to exceed $250 for each violation.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 867, 2. Int. No. 867, 3. May 16, 2024 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 5-16-24, 5. Committee Report 6/25/24

Int. No. 867

 

By Council Members Farías, Brannan, Menin, Cabán, Gutiérrez, Brewer, Hanif, Dinowitz, Narcisse, Won and Vernikov

 

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the sale of menstrual and intimate care products that contain unsafe ingredients

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 4 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 15 to read as follows:

SUBCHAPTER 15

MENSTRUAL AND INTIMATE CARE PRODUCTS

§ 20-699.12 Sale of menstrual and intimate care products. a. Definitions. For purposes of this section, the following terms have the followings meanings:

Intimate care product. The term “intimate care product” means a douche, wipe, spray, powder, wash, suppository, lubricant, and any other product used in connection with sexual health.

Restricted ingredients. The term “restricted ingredient” means any chemical component of a menstrual product or intimate care product that the commissioner of health and mental hygiene designates a restricted ingredient pursuant to this section, and includes, but is not necessarily limited to, lead, mercury and related compounds, formaldehyde, triclosan, toluene, talc, per- and polyfluoro-alkyl substances, dibutyl phthalate, di(2)exylhexyl phthalate, butylphenyl methylpropional and isobutyl-, isopropyl-, butyl-, and propylparaben, and fragrance.

b. Prohibitions. No person shall sell, offer for sale, or distribute any menstrual product or intimate care product that contains a restricted ingredient.

c. Penalty. Any person who violates subdivision b of this section is liable for a civil penalty not to exceed $250 for each violation. Each failure to comply with subdivision b of this section with respect to any individual product offered for sale, sold, or distributed constitutes a separate violation. 

d. Designation of restricted ingredients. The commissioner of health and mental hygiene, in consultation with experts on sexual health, shall determine by rule the ingredients that shall constitute restricted ingredients for purposes of this section. In determining such ingredients, the commissioner shall consider the demonstrated risks of adverse health effects from use, exposure, or application of ingredients of menstrual products and intimate care products offered for sale in the city, and any other factor that is relevant to protecting the health of persons who use menstrual products and intimate care products.   

§ 2. This local law takes effect 120 days after it becomes law.

 

SM

LS #15980

5/1/2024 3:46 PM