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On 9 December 2019 the Governor of New York, Andrew Cuomo, signed into law Senate Bill S4389B An Act to Amend the Environmental Conservation Law, in Relation to Prohibiting Household Cleansing Products, Cosmetic Products and Personal Care Products that Contain 1,4-Dioxane. The ban will be in full effect starting 1 January 2022.
Verisk 3E Review
The Act bans household cleansing products, cosmetic products and personal care products containing 1,4-dioxane at concentration levels greater than trace amounts. Trace concentrations were defined by law as follows:
| Consumer Packaged Good (CPG) Type | Trace Concentrations in Parts Per Million (ppm) | Compliance Date |
|---|---|---|
| Household cleansing products | 2 ppm | 31 December 2022 |
| Household cleansing products | 1 ppm | 31 December 2023 |
| Personal care products (other than cosmetics) | 2 ppm | 31 December 2022 |
| Personal care products (other than cosmetics) | 1 ppm | 31 December 2023 |
| Cosmetic product | 10 ppm | 31 December 2022 |
Agency Threshold Review
The Act requires that the Department of Environmental Conservation (DEC) review the aforementioned trace concentrations every two years. Businesses may expect the first threshold review to take place on 1 May 2025.
For more details, please refer to the Act.
Exemptions
Businesses unable to comply with the new requirements may apply for a one-year waiver after taking the necessary steps to reduce the presence of 1,4-dioxane in designated consumer packaged goods (CPG) products.
Failure to Comply
Businesses that fail to comply with the Act will be subject to civil penalties not exceeding $1,000 for the first violation and $2,500 for the second violation for each day during which such violation continues.
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