New York May Adopt Prop 65-Like Regulations

New York Gov. Andrew Cuomo’s executive budget released last month includes mention of a Consumer Right To Know Act that, to many observers, seems similar to California’s Prop 65 law. The legislation directs state agencies to create labeling requirements for designated products indicating the presence of potentially hazardous chemicals, including carcinogens.

"The more we know about our exposure to chemicals, the more frightening the situation is," says Gov. Cuomo. "Consumers have the right to know what is in the products they use, and requiring labeling on designated products will provide consumers with the information they deserve."

Under this proposal, the state’s Department of Environmental Conservation, Department of Health and Department of State will assess the feasibility of on-package labeling and develop regulations establishing a labeling requirement for designated products, developing a list of more than 1,000 carcinogens and other chemicals that will trigger labeling and identifying the types of consumer products that will be subject to the new regime.

Although the legislative text has not been released publicly, this proposed legislation appears similar to California's Prop 65 warning requirements. However, there are notable differences between this proposal and the California regulation. For example, the determination of which products would be subject to the labeling requirements would be made through a regulatory process conducted by the designated agencies as opposed to individual companies. Unlike with California's Prop 65 regulation, New York's initial proposal makes no mention of allowing private enforcement of the new law.

February's edition of the Prop 65 newsletter is available to PPAI® members by PPAI's affinity partner QIMA. The newsletter provides updates on developments involving California’s Office of Environmental Health Hazard Assessment (OEHHA), which is the agency that administers Prop 65. Click here to view the latest edition of the Prop 65 newsletter.

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