New York Prohibits Certain Consumer Packaged Goods Containing 1,4-Dioxane

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January 6, 2020 - Jomarie Garcia

Woman in market reading label on bottle

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.

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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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