STATE LEGISLATIVE BILL TRACKER (UPDATED MAY 2022)

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GLAEC 2021/2022 State Activity[1]

3Q22 Update  

2022 Movement

Total Number of Bills Active in 2022: 91

Jump within 2022 Tracking: AZ,  CA, FL, HI, IL, LA, ME, MA, MN,  NH, NJ, NY, NC, OR, RI, UT, VT, VA, WA, WV

STATE

Bill Number

Summary

Status

Likelihood[2]

Arizona

SB 1427

Introduced 01/25/22; Green cleaning/procurement policy for schools

01/25/22: Introduced

Low

Adjourns 06/30/22

Title

Public facilities; environmental policies

Relevant Description

Requires all school districts and charter schools to adopt a green cleaning policy and to use environmentally sensitive cleaning products; creates a green public schools task force.

Primary Sponsor(s)

Senator Juan Jose Mendez (D)

FCA Issues

Cleaning Products, Green Cleaning/Products

STATE

Bill Number

Summary

Status

Likelihood2

California

SB 879

Introduced 01/26/22; Passed Senate 05/26/22; Dog and cats used in animal testing

06/14/22: Passed committee

Medium

Adjourns 08/31/22

Title

Protection of Dogs and Cats from Unnecessary Testing Act

Relevant Description

Would prohibit the use of dogs or cats in toxicological experiments to achieve discovery, approval, registration, or maintenance of a pesticide, food additive, or other chemical substance. Provides some exemptions.

Primary Sponsor(s)

Sen. Wiener (D)

FCA Issues

Animal Testing  

STATE

Bill Number

Summary

Status

Likelihood2

California

AB 2771

Introduced 02/18/22; Passed Assembly 05/26/22;  PFAS in cosmetics        

08/01/22: Read second time. Ordered to third reading.

High

Adjourns 08/31/22

Title

Cosmetic products: safety

Relevant Description

Would ban any cosmetic product that contains PFAS. Also bans HFOs, which could be a problem for fragrances trying to meet new CARB regulations

Primary Sponsor(s)

Assembly Member Friedman (D)

FCA Issues

Personal Care Products, Chemical (+ban)

STATE

Bill Number

Summary

Status

Likelihood2

California

AB 2787

Introduced 02/18/22; microplastics in cosmetics and cleaning products        

05/26/22: Ordered to inactive file at request of Assemblymember Quirk

N/A  

Adjourns 08/31/22

Title

Microplastics in Products

Relevant Description

This bill would ban intentionally-added microplastics from cosmetics and cleaning products (detergents, waxes, and polishes). Specifically calls out fragrance encapsulation in detergents. This bill is based on the framework of AB 888 (Bloom, 2015), which banned microbeads in rinse-off cosmetic products. However, microplastics are still added to leave-on cosmetics and cleaning products as abrasives, bulking agents, stabilizers, viscosity increasing agents, fillers, and skin conditioning agents. Based on the recommendation of the Ocean Protection Council’s Draft Statewide Microplastics Strategy.

Primary Sponsor(s)

Assemblymember Quirk (D)

FCA Issues

Plastics, Microplastics  

STATE

Bill Number

Summary

Status

Likelihood2

California

SB 1232

Introduced 02/17/22; Biodegradability definition        

05/19/22: Held in committee and under submission

N/A

Adjourns 08/31/22

Title

Solid waste: products: labeling: biodegradability

Relevant Description

Would allow a manufacturer to make a claim that a product is “biodegradable,” “degradable,” or “decomposable” if they product does not contain intentionally added ingredients determined to present a risk to human health from dermal or oral exposure or if the department determines that there is competent and reliable evidence support the claim. Specifics requirements to be met to be defined as “biodegradable.”

Primary Sponsor(s)

Senator Allen (D)

FCA Issues

Plastics, Microplastics  

STATE

Bill Number

Summary

Status

Likelihood2

California

AB 1240

Introduced 02/19/21; Passed Assembly 01/31/22; Indoor air pollution from consumer products      

06/01/22: Passed Committee  

Medium

Adjourns 08/31/22

Title

Indoor air pollution

Relevant Description

Requires State Air Resources Board reporting on indoor air pollutants and their associated health impacts. Directs the board to consider the potential health effects of ozone-emitting consumer products and more.

Primary Sponsor(s)

Assemblymember Ting (D)

FCA Issues

Chemical (+registration, +management, +control), Indoor Air Quality, VOCs

STATE

Bill Number

Summary

Status

Likelihood2

California

AB 1

Introduced 12/07/20; Passed Assembly 05/21/21; DTSC Reform    

05/18/22: Amended and passed committee

Medium

Adjourns 08/31/22

Title

Hazardous waste

Relevant Description

Amended to instead be the California battery free act. No longer fragrance-related.  

Primary Sponsor(s)

Assemblymember Garcia (D)

FCA Issues

Chemical (+registration, +management, +control)  

STATE

Bill Number

Summary

Status

Likelihood2

California

AB 1287

Introduced 02/19/21; Passed Assembly 01/27/22; Pink tax

05/31/22: Hearing postponed by committee

Low

Adjourns 08/31/22

Title

Price discrimination: gender

Relevant Description

Would prohibit any entity from charging a different price for any two goods that are substantially similar if those goods are priced differently passed on the gender of the person to whom the goods are marketed and intended.  

Primary Sponsor(s)

Assembly Member Bauer-Kahan (D)

FCA Issues

Personal Care Products

STATE

Bill Number

Summary

Status

Likelihood2

California

SB 502

Introduced 02/17/21; Passed Senate 01/18/22; Green chemistry/safer consumer products bill re DTSC

06/15/22: Passed committee

Medium

Adjourns 08/31/22

Title

Hazardous materials: green chemistry: consumer products

Relevant Description

Proposes to allow the Department of Toxic Substances Control (DTSC) to rely on existing public assessments for chemicals under considerations and proceed directly to regulatory response instead of completing an alternative assessment. Directs DTSC to set timelines in their Workplans.

Primary Sponsor(s)

Senator Allen (D)

FCA Issues

Chemicals (+management, + control)

STATE

Bill Number

Summary

Status

Likelihood2

California

SB 42

Introduced 12/07/20; Passed Senate 06/01/21; DTSC Reform    

04/26/22: Passed Committee

Low

Adjourns 08/31/22

Title

Department of Toxic Substances Control: Board of Environmental Safety

Relevant Description

Amended to provide the Department of Fish and Wildlife authority to establish ecological reservations. No longer fragrance-related

Primary Sponsor(s)

Senator Wieckowski (D)

FCA Issues

Chemical (+registration, +management, +control)  

STATE

Bill Number

Summary

Status

Likelihood2

California

SB 54

Introduced 12/07/20: Passed the Senate 01/24/22; Amended and passed Assembly 06/29/22; Senate concurred in Assembly amendments and passed bill 06/30/22; Broad packaging bill

06/30/22: Became law  

High

Adjourns 08/31/22

Title

Plastic Pollution Producer Responsibility Act

Relevant Description

Declares the intent of the legislature to enact the Plastic Pollution Producer Responsibility Act to reduce the amount of disposable packaging and food ware waste through source reduction requirements and increased composting and recycling.

Primary Sponsor(s)

Senator Allen (D)  

FCA Issues

Packaging, Plastic  

STATE

Bill Number

Summary

Status

Likelihood2

California

AB 842

Introduced 02/17/21; Broad packaging bill

01/31/22: Died pursuant to Art. IV, Sec. 10(a)

N/A

Adjourns 08/31/22

Title

The California Circular Economy and Plastic Pollution Reduction Act

Relevant Description

Requires producers to individual or collectively form or join a stewardship organization to develop, finance, and implement a program to source reduce, recover and recycle single-use packaging and single-use products discarded in California and to develop a stewardship plan.

Primary Sponsor(s)

Assembly Members Garcia and Gray

FCA Issues

Packaging  

STATE

Bill Number

Summary

Status

Likelihood2

Colorado

HB22-1355

Introduced 04/05/22; Passed House 05/02/22; Passed Senate with amendments 05/11/22; House accepted amendments 05/11/22;  producer responsibility  

06/03/22: Became law

High

Adjourned 05/11/22

Title

Producer Responsibility Program for Recycling

Relevant Description

Requires the Colorado department of public health and environment to designate a nonprofit organization to implement and manage a recycling service program funded by annual producer responsibility dues paid by producers of products using covered materials.

Primary Sponsor(s)

Rep. Cutter (D) and Senator Priola (R)

FCA Issues

Packaging  

STATE

Bill Number

Summary

Status

Likelihood2

Florida

HB 1279/SB 1718

Introduced 01/07/22; Animal testing ban  

03/12/22: Indefinitely postponed and withdrawn from consideration

N/A  

Adjourned 03/11/22

Title

Humane Cosmetics Act

Relevant Description

Would prohibit manufacturers from selling cosmetic products in Florida if they were tested on animals beginning July 1,2022. Also prohibits the conduction of cosmetic animal testing.  

Primary Sponsor(s)

Rep. Arrington (D)

FCA Issues

Personal Care Products, Animal Testing

STATE

Bill Number

Summary

Status

Likelihood2

Hawaii

HB 1706

Introduced 01/24/22; Single-use plastics        

02/03/22: EEP recommends that the measure be deferred

N/A

Adjourned 05/05/22

Title

Related to Single-Use Plastics

Relevant Description

Would prohibit the manufacture, distribution, and sale of single-use plastics bottles and rigid plastic containers designed to hold 16 fluid ounces or less beginning on January 1, 2024 and those designed to hold more than 16 fluid ounces beginning January 1, 2025.

Primary Sponsor(s)

Rep. Quinlan (D)

FCA Issues

Packaging, Plastic    

STATE

Bill Number

Summary

Status

Likelihood2

Hawaii

SB 2846

Introduced 01/21/22; Recycling label claims and biodegradable products      

01/21/22: Introduced

N/A

Adjourned 05/05/22

Title

Relating to the environment

Relevant Description

Would prohibit the sale of consumer products with a deceptive claim about recyclability or the product or packaging. Also establishes standards for recyclability and sets specific criteria for claims of composability or biodegradability. Does not specifically mention microencapsulation but this could be wrapped in.

Primary Sponsor(s)

Sen. Acasio (D)

FCA Issues

Microplastics, Encapsulation  

STATE

Bill Number

Summary

Status

Likelihood2

Hawaii

HB 1646

Introduced 01/21/22; Recycling label claims and biodegradable products      

02/08/22: The committee on EEP recommends the measure be deferred

N/A

Adjourned 05/05/22

Title

Relating to the environment

Relevant Description

Would prohibit the sale of consumer products with a deceptive claim about recyclability or the product or packaging. Also establishes standards for recyclability and sets specific criteria for claims of composability or biodegradability. Does not specifically mention microencapsulation but this could be wrapped in.

Primary Sponsor(s)

Rep. Lowen (D)

FCA Issues

Microplastics, Encapsulation  

STATE

Bill Number

Summary

Status

Likelihood2

Hawaii

SB 345 

Introduced 01/22/21; Passed Senate 03/09/21; Passed House 04/08/21; Passed Senate as amended 04/27/21; Passed House as amended 04/27/21; Animal testing ban  

07/02/21: Became law

High  

Adjourned 05/05/22

Title

Relating to Cosmetics

Relevant Description

Would prohibit manufacturers from selling cosmetic products in Hawaii if they were tested on animals beginning January 1, 2022.  The bill is intended to be consistent with the implementation of the EU regulations and the laws in California, Nevada, and Illinois.

Primary Sponsor(s)

Senators Gabbard (D), Lee (D), and Shimabukuro (D)

FCA Issues

Personal Care Products, Animal Testing

STATE

Bill Number

Summary

Status

Likelihood2

Hawaii

HB 1316

Introduced 01/27/21; Broad packaging bill  

02/12/22: Passed Committee

N/A

Adjourned 05/05/22

Title

Relating to packaging waste

Relevant Description

Would require producers of packaging waste to be responsible to end-of-life management of their products to ensure minimal social and environmental impacts.

Primary Sponsor(s)

Rep. Lowen (D)

FCA Issues

Packaging

STATE

Bill Number

Summary

Status

Likelihood2

Hawaii

SB 582

Introduced 01/22/21; Passed Senate 03/09/21; Plastics and microplastics bill

12/10/21: Carried over to 2022 regular session

N/A

Adjourned 05/05/22

Title

Relating to the environment

Relevant Description

Would modify the definition of “water pollutant” to include plastic. Specifically calls out microplastics as “contaminating Hawaii’s waters.”

Primary Sponsor(s)

Senator Riviere (D)

FCA Issues

Plastics, Microplastics

STATE

Bill Number

Summary

Status

Likelihood2

Illinois

HB 4942

Introduced 01/25/22; menstrual products  

02/18/22: Referred to Rules

N/A

Adjourned 04/08/22

Title

Menstrual Product Labeling

Relevant Description

Would require each package or box containing menstrual products to contain a plain and conspicuous printed list of all ingredients with percentages of the components of menstrual products. Defines “ingredient” as “a substance present in any quantity in the menstrual product.”

Primary Sponsor(s)

Rep. Hernandez (D)

FCA Issues

Menstrual Products, Ingredient Disclosure  

STATE

Bill Number

Summary

Status

Likelihood2

Illinois

SB 3678

Introduced 01/21/22; Dog and cats used in animal testing

01/21/22: Referred to assignments

N/A

Adjourned 04/08/22

Title

Protection of Dogs and Cats from Unnecessary Testing Act

Relevant Description

Would prohibit the use of dogs or cats in toxicological experiments to achieve discovery, approval, registration, or maintenance of a pesticide, food additive, or other chemical substance. Provides some exemptions.

Primary Sponsor(s)

Sen. Holmes (D)

FCA Issues

Animal Testing  

STATE

Bill Number

Summary

Status

Likelihood2

Illinois

SB 3953

Introduced 01/21/22; Broad packaging bill

01/21/22: Referred to assignments

N/A

Adjourned 04/08/22

Title

Plastic Pollution and Recycling Modernization Act

Relevant Description

Would require producers of certain covered products to register with and be a member of a producer responsibility organization that administers a producer responsibility program.

Primary Sponsor(s)

Sen. Bush (D)

FCA Issues

Packaging

STATE

Bill Number

Summary

Status

Likelihood2

Illinois

HB 4258

Introduced 12/06/21; Broad packaging bill

02/18/22: Referred to Rules

N/A

Adjourned 04/08/22

Title

EPA—Packaging Stewardship

Relevant Description

Directs the State EPA to select and enter into a contract with a packaging stewardship organization. Prohibits producers from selling a product container, protected, delivered, presented or distributed in or using packing material for which the producer has not complied with all applicable requirements.

Primary Sponsor(s)

Rep. Avelar (D)

FCA Issues

Packaging

STATE

Bill Number

Summary

Status

Likelihood2

Louisiana

HB 714

Prefiled 03/04/22; Passed House 04/07/22; Passed Senate 06/02/22; Animal testing

06/18/22: Became law  

High  

Adjourned 06/06/22

Title

Manufacturing: Provides relative to cosmetics

Relevant Description

Would ban the sale of cosmetics if they were developed using cosmetic animal testing. Includes exemptions.

Primary Sponsor(s)

Rep. Freiberg (R)

FCA Issues

Personal Care Products, Animal Testing  

STATE

Bill Number

Summary

Status

Likelihood2

Maine

LD 1541 (HP 1146)

Introduced 04/20/21; Passed House 06/16/21; Passed Senate 06/17/21; Broad packaging bill

07/12/21: Became law

High

Adjourned 04/29/22

Title

An act to support and improve municipal recycling programs and save taxpayers money

Relevant Description

Calls on relevant parties to create a stewardship program for packaging materials. Packaging material does not include material that is used for long-term storage or protection of a durable product and that can be expected to be usable for that purpose for a period of at least 5 years.

Primary Sponsor(s)

Rep. Grohoski (D) and Senator Bennett (R)

FCA Issues

Packaging

STATE

Bill Number

Summary

Status

Likelihood2

Maine

LD 1551

Introduced 04/12/21; Passed House 05/19/21; Passed Senate 06/02/21; Animal testing

06/10/21: Became law

High

Adjourned 04/29/22

Title

An act to ban the sale of cosmetics that have been tested on animals

Relevant Description

Would ban the sale of cosmetics if they were developed using cosmetic animal testing that was conducted or contracted on or after November 1, 2021. Includes exemptions.

Primary Sponsor(s)

Rep. Doudera (D)

FCA Issues

Personal Care Products, Animal Testing  

STATE

Bill Number

Summary

Status

Likelihood2

Maine

LD 1471 (SP 474)

Introduced 04/12/21; Broad packaging bill

06/15/21: Ought not to pass report accepted.

N/A

Adjourned 04/29/22

Title

An act to establish a stewardship program for packaging

Relevant Description

Calls on relevant parties to create a stewardship program for packaging. Covered products include all products sold, offered for sale, or distributed for sale in Maine contained, protected, delivered, presented or distributed in or using packaging material; includes packaging material used or associated with the containment, protection, delivery, presentation or distribution of the product to the ultimate consumer in the state. Packaging material does not include material that is used exclusively for transporting a covered product between entities within the supply chain of the product.

Primary Sponsor(s)

Senator Dill (D)

FCA Issues

Packaging

STATE

Bill Number

Summary

Status

Likelihood2

Massachusetts

H 4818

Introduced 06/02/22; PFAS in personal care products

06/02/22: Reported favorably by committee

Low

Formal Session Adjourns 07/31/22

Title

An act restricting toxic PFAS chemicals in consumer products to protect our health

Relevant Description

Would ban certain products with intentionally added PFAS, or PFAS present and measurable by testing for total fluorine at a level greater than 1 ppm. Products include personal care products, defined as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance; provided, personal care products shall include products such as skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and deodorants, as well as any material intended for use as a component of a cosmetic products; and provided further that personal care products shall also include disposable menstrual products such as sanitary napkins, tampons, and underwear liners.”

Primary Sponsor(s)

Rep. Lewis (D)

FCA Issues

Chemicals, Ingredients, Personal Care Products

STATE

Bill Number

Summary

Status

Likelihood2

Massachusetts

SD 52/S 1410

Introduced 01/11/21; Infant product bill

02/14/22: Accompanied a study order

N/A

Formal Session Adjourns 07/31/22

Title

An act relative to newborn infant products

Relevant Description

Directs the Department of Public Health to establish guidelines in relation to the use of products on a newborn infant, in a birth center, or in a birth center facility if the product contains certain chemicals or ingredients, including fragrance ingredients. Fragrance ingredient is defined as “any intentionally added substance or complex mixture of aroma chemicals, natural essential oils, and other functional ingredient or ingredients for which the sole purpose is to impart an odor or scent, or to counteract an odor.”

Primary Sponsor(s)

Senator DiZoglio (D)

FCA Issues

Fragrance, Chemical (+registration, +management, +control)  

STATE

Bill Number

Summary

Status

Likelihood2

Massachusetts

HD 2855/SD 2020/H 939/S 207/S 2627

Introduced 02/18/21; Children’s product bill

02/10/22: Reported favorably by committee

Low

Formal Session Adjourns 07/31/22

Title

An act for Massachusetts toxic free kids

Relevant Description

Directs the Department of Environmental Protection to publish a Toxic Chemicals of Concern in consumer products list, which should include chemicals recognized as carcinogens, mutagens, reproductive toxins, persistent, bioaccumulative, endocrine disruptors, or other chemicals of concern. Directs them to reference lists established in Vermont, Oregon, New York, Washington, and Maine. Also direct them to rely on the Canadian Domestic Substances List Categorization, the European Commission list of Substances of Very High concern, the California Safer Consumer Products list of Chemicals of Concern, and the International Agency for Research on Cancer list of carcinogens. Would require manufacturers to notify the department if they make a product that contains a chemical on the list at more than a di minimums level on a biannual basis.

Primary Sponsor(s)

Rep. Hawkins (D)

FCA Issues

Fragrance, Chemical (+registration, +management, +control), Children’s Products

STATE

Bill Number

Summary

Status

Likelihood2

Massachusetts

HD 2424/SD 1582/ H 966

Introduced 02/17/21; Animal testing ban for all products when alternatives exist

3/24/22: Reported favorably by committee

Low

Formal Session Adjourns 07/31/22

Title

An act concerning the use of animals in product testing

Relevant Description

Would ban manufacturers or contract testing facilities from using traditional animal test methods when testing a product, product formulation, chemical or ingredient in Massachusetts if a valid alternative test method exists.

Primary Sponsor(s)

Rep. Lewis (D)

FCA Issues

Animal Testing, Chemicals, Ingredients, Products

STATE

Bill Number

Summary

Status

Likelihood2

Massachusetts

SD 1123/HD 1553/SD 2263/H 878/S 610/H 4851/

Introduced 02/11/21; Broad recycling bill

06/16/22: Accompanied a new draft, see S2923

Low

Formal Session Adjourns 07/31/22

Title

An act to save recycling costs in the commonwealth

Relevant Description

Would call for the creation of producer responsibility organizations for covered materials and create alternative collection programs for the management of packaging material operated by individual producers or groups of producers.  

Primary Sponsor(s)

Rep. Rush (D)

FCA Issues

Packaging, Plastic

STATE

Bill Number

Summary

Status

Likelihood2

Massachusetts

SD 446/S 216

Introduced 01/31/21; Cosmetic allergens  

02/07/21: Accompanied a study order

N/A

Formal Session Adjourns 07/31/22

Title

An act relative to allergens in cosmetic products

Relevant Description

Calls on the Department of Public Health to study and report on potential methods for disclosure of allergens in cosmetics products. Sets requirements for claims that a product is hypoallergenic.

Primary Sponsor(s)

Senator Lewis (D)

FCA Issues

Personal Care Products, Ingredient Disclosure

STATE

Bill Number

Summary

Status

Likelihood2

Minnesota

HF 4492/SF 4062

Introduced 03/21/22; Passed Senate 04/21/22; Amended and passed House 04/28/22; Senate did not concur, conference committee requested 05/02/22; Microplastics  

05/22/22: Passed conference committee

N/A

Adjourned 05/23/22

Title

A bill for an act relating to state government; appropriating money for environment, natural resources and tourism…

Relevant Description

Amended to remove microplastics language. The bill would provide $2 million towards developing protocols for sampling and testing groundwater, surface water, public drinking water, and private wells for microplastics and nanoplastics and to begin implementation.  The bill provides the following definitions:

Microplastics: “small pieces of plastic debris in the environment that are less than five millimeters in length and that result from the disposal and breakdown of consumer products and industrial waste.”

Nanoplastics: “particles with a size ranging from one to 1,000 nanometers that are unintentionally produced from the manufacture or degradation of plastic objects and that exhibit a colloidal behavior.”

Plastic: “an organic or petroleum derivative synthetic or a semisynthetic organic solid that is moldable and to which additives or other substances may have been added. Plastic does not mean natural polymers that have not been chemically modified.”

 

The bill would also make it illegal to include “biodegradable” on a label unless an ASTM standard specification is adopted and the Minnesota legislature approves that specification.

Primary Sponsor(s)

Rep. Hansen (DFL)

FCA Issues

Microplastics

STATE

Bill Number

Summary

Status

Likelihood2

Minnesota

HF 4132/SF 4518

Introduced 03/10/22; Packaging

03/10/22: Introduced

N/A

Adjourned 05/23/22

Title

A bill for an act relating to solid waste; establishing product stewardship program for packaging materials; establishing labeling requirements; requiring reports; requiring rulemaking; proposing coding for new law in Minnesota Statutes, chapter 115A

Relevant Description

Establishes a product stewardship organization which would require members to make changes to product design to reduce packaging and pay fees based on the type of packaging material. Packaging is defined as any part of a package or container, including material used for containing, protecting, handling, delivering, transporting, distributing, and presenting a product that is sold in the state, including through the internet. It does not include packaging intended for long term (over five years) storage or reusable packaging. Includes nonreusable packaging reduction requirements over a period of years and bans certain toxic substances in packaging. Requires producers to include on the label of the product information about the use of recycle material and if the packaging is readily recyclable or compostable.

Primary Sponsor(s)

Rep. Jordan (DFL)

FCA Issues

Chemical (+management, +regulation, +ban), Packaging

STATE

Bill Number

Summary

Status

Likelihood2

Minnesota

HF 3202

Introduced 02/07/22; Toxic chemicals in products  

02/07/22: Introduced

N/A

Adjourned 05/23/22

Title

A bill for an act relating to public health…

Relevant Description

Attempts to reduce public exposure to toxic chemicals in products by requiring the Department to designate potential chemicals of high concern by considering state, federal and international lists, among others. Should a product have a priority chemical in it, the manufacturer or distributor of the product must notify the commissioner of that. The commissioner must also determine if there are alternatives available to the chemical and specify a timeline by which the priority chemical must be substituted out. If a priority chemical is deemed to be particularly toxic and that there are alternatives, then products containing it will be prohibited. Calls for retailer notification as well. Includes a waiver process.

Primary Sponsor(s)

Rep. Wazlawik (DFL)

FCA Issues

Chemical (+management, +regulation, +ban)

STATE

Bill Number

Summary

Status

Likelihood2

New Hampshire  

SB 202

Prefiled October 2021; Passed Senate 02/16/22; Animal testing in cosmetics  

04/28/22: Ought to pass

Medium

Adjourns 06/30/22

Title

Prohibiting the sale of cosmetic products tested on animals

Relevant Description

Would prohibit the sale of cosmetics tested on animals.

Primary Sponsor(s)

Senator Watters (D)

FCA Issues

Personal Care Products, Animal Testing  

STATE

Bill Number

Summary

Status

Likelihood2

New Jersey

S 845

Introduced 01/18/22; Requires labeling of ingredients and restricts phosphorous in household cleaning products.

01/18/22: Referred to Environment and Energy Committee

Low

YEAR-ROUND

Title

An act concerning ingredients in household cleansing products and supplementing Title 58 of the Revised Statutes

Relevant Description

Requires every household cleansing product to contain a label listing the weight of each ingredient which the commissioner determines may adversely affect human health or the environment.

Primary Sponsor(s)

Senator Holzapfel (R)

FCA Issues

Chemical, Cleaning Products, Intellectual Property

STATE

Bill Number

Summary

Status

Likelihood2

New Jersey

A 1428

Introduced 01/11/22; Prohibits sale of certain cleaning products containing triclosan.

01/11/22: Referred to Consumer Affairs Committee

Low

YEAR-ROUND

Title

An act concerning cleaning products that contain triclosan and supplementing Title 24 of the Revised Statutes

Relevant Description

Prohibits the sale of any cleaning product used by consumers for sanitizing or hand and body cleansing that contains triclosan.

Primary Sponsor(s)

Assemblyman Kennedy (D)

FCA Issues

Chemical (+control), Cleaning Products

STATE

Bill Number

Summary

Status

Likelihood2

New Jersey

A 1996

Introduced 01/11/22; microbeads  

01/11/22: Referred to Environment and Energy Committee

Low

YEAR-ROUND

Title

An act prohibiting the manufacture, sale, or promotion of consumer products containing microbeads, and amending P.L. 205, c.28

Relevant Description

Extends the prohibition of products containing microbeads to all consumer products, instead of just for rinse-off cosmetics

Primary Sponsor(s)

Assemblyman Conaway (D)

FCA Issues

Plastics, Microplastics

STATE

Bill Number

Summary

Status

Likelihood2

New Jersey

S 426

Introduced 01/11/22; packaging stewardship program

06/13/22: Hearing

Low

YEAR-ROUND

Title

Packaging Product Stewardship Act

Relevant Description

Would require producers of packing products sold in New Jersey to create stewardship plans.

Primary Sponsor(s)

Senator Smith (D)

FCA Issues

Packaging, Plastics

STATE

Bill Number

Summary

Status

Likelihood2

New Jersey

A 1642

Introduced 01/11/22; Requires labeling of ingredients and restricts phosphorous in household cleaning products.

01/11/22: Referred to Consumer Affairs Committee

Low

YEAR-ROUND

Title

An act concerning ingredients in household cleansing products and supplementing Title 58 of the Revised Statutes

Relevant Description

Requires every household cleansing product to contain a label listing the weight of each ingredient which the commissioner determines may adversely affect human health or the environment.

Primary Sponsor(s)

Assemblyman Catalano (R), Assemblyman McGuckin (R)

FCA Issues

Chemical, Cleaning Products, Intellectual Property

STATE

Bill Number

Summary

Status

Likelihood2

New Jersey

A 1444

Introduced 01/11/22; packaging stewardship program

1/11/22: Referred to Environment and Solid Waste Committee

Low

YEAR-ROUND

Title

Packaging Product Stewardship Act

Relevant Description

Would require producers of packing products sold in New Jersey to create stewardship plans.

Primary Sponsor(s)

Assemblyman Kennedy (D)

FCA Issues

Packaging, Plastics

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 8036

Introduced 01/21/22; Labeling of diaper ingredients

01/21/22: Referred to Consumer Protection

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the general business law, in relation to labeling of ingredients of diapers

Relevant Description

Requires all packages or boxes containing diapers to contain a plain and conspicuous printed list of all ingredients with percentages of the components of the diaper.

Primary Sponsor(s)

Senator Kaplan (D)

FCA Issues

Chemical (+control, +regulation, +ban), Personal Care Products, Fragrance

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 10185/S 9492

Introduced 05/05/22; EPR bill

05/05/22: Referred to environmental conservation

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

Extended Producer Responsibility Program for Packaging

Relevant Description

Would create an extended producer responsibility program for packaging, to include paper, plastic, glass and metal. Producers would be prohibited from selling or distributing any of the covered materials unless they have an approved producer responsibility plan.

Primary Sponsor(s)

Assemblymember Englebright (D)

FCA Issues

Packaging, Plastic

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 8630A/S 8291A

Introduced 01/10/22; Passed Assembly 06/01/22; Passed Senate 06/02/22; bans personal care products containing mercury

06/02/22: Passed Senate

High

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the environmental conservation law, in relation to prohibition cosmetic products and personal care products that contain mercury

Relevant Description

Would ban the sale of any cosmetic or personal care product containing mercury. Amendments removed explicit reference to fragrance.  

Primary Sponsor(s)

Assemblymember Reyes (D)

FCA Issues

Chemical (+control, +regulation, +ban), Personal Care Products, Cosmetics, Fragrance

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 1759A/A 126A

Introduced 01/15/21; Passed Senate 04/27/21, Recalled 05/10/21; Passed Assembly 05/25/21; Substitute A 126 Passed Senate 06/08/21; 12/10/21: Delivered to Governor; Calls for a list of emerging contaminates

12/23/21: Became law

High

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the public health law, in relation to establishing a list of emerging contaminants  

Relevant Description

Calls on the commission to establish a list of emerging contaminants.  

Primary Sponsor(s)

Senator Skoufis (D)

FCA Issues

Chemical (+control, +regulation, +ban)

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 5712

Introduced 03/16/21; Purchase of green cleaning and other custodial products

01/05/22: Referred to Finance

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

Greening our cleaning act

Relevant Description

Requires all state agencies to use only air freshener, bathroom cleaner, carpet cleaner, degrease, disinfectant, floor finish, floor stripper, general-purpose cleaner, glass cleaner, metal cleaner and sanitizer that can be found on a list of environmentally-sensitive supplies.

Primary Sponsor(s)

Senator Comrie (D)

FCA Issues

Green Cleaning Products

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 5122

Introduced 02/24/21; Prohibits the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds

01/05/22: Referred to Environmental Conservation

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the environmental conservation law, in relation to prohibiting the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds

Relevant Description

Prohibit the sale of cleaning products if they contain triclosan, triclocarban or derivatives of such antibacterial compounds.

Primary Sponsor(s)

Senator Kennedy (D)

FCA Issues

Chemical (+control), Cleaning Products

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 4839B/A 5653B

Introduced 02/16/21; Passed Senate 05/10/22; Passed Assembly 05/25/22; Bans animal testing in cosmetics

05/25/22: Passed Assembly

High

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the general business law, in relation to prohibiting the sale of cosmetics tested on animals

Relevant Description

Bans the sale or offer for sale of a cosmetic if any part was developed or manufactured using animal testing.

Primary Sponsor(s)

Senator Biaggi (D)

FCA Issues

Animal Testing, Cosmetics

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 3617

Introduced 01/28/21; Requires a conspicuous printed list of ingredients with percentages of diaper components

01/05/22: Referred to Consumer Affairs and Protection

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the general business law, in relation to labeling of ingredients of diapers

Relevant Description

Mandates that diaper packaging sold in New York contain a label listening all ingredients by percentage.

Primary Sponsor(s)

Assemblywoman Rosenthal (D)

FCA Issues

Intellectual Property  

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 3095

Introduced 01/22/21; Establishes a program to provide information to consumers concerning household hazardous products at point of sale

01/05/22: Referred to Environmental Conservation

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the environmental conservation law, in relation to retail shelf labeling of household hazardous products and related consumer information

Relevant Description

Mandates that retailers put hazardous waste stickers on labels on the shelf where any product containing hazardous chemicals, as identified by the Department of Environmental Conservation, is displayed. Requires the Department to develop pamphlets describing how to safely dispose of such products and listing safe alternatives, and mandates that retailers display them in the vicinity of the hazardous products.

Primary Sponsor(s)

Assemblywoman Cook (D)

FCA Issues

Household Products, Intellectual Property  

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 1864

Introduced 01/16/21; Bans certain chemicals from the state  

01/05/22: Referred to Environmental Conservation

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the environmental conservation law, in relation to banning certain chemicals from being manufactured, used or stored within the state

Relevant Description

Would ban the manufacture, use or storage of triclosan, 1,4-dioxane, isophorone, or cyclohexanone. Would also ban products containing those ingredients.

Primary Sponsor(s)

Senator Ritchie (R)

FCA Issues

Chemical (+control, +regulation, +ban)

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 2148

Introduced 01/14/21; Establishes a research program to study risks of certain ingredients in personal care products and mensural products  

01/05/22: Referred to Health

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the public health law, in relation to the creation of a research program to determine the risks posed from chemicals in personal care products or feminine hygiene products; and providing for the repeal of such provisions upon expiration thereof

Relevant Description

Calls for a study of any chemicals of concern or restricted substance in personal care or feminine hygiene products to see if they pose any risk to the health of the individual who sues the products.

Primary Sponsor(s)

Assemblymember Fernandez (D)

FCA Issues

Personal Care Products, Menstrual Products, Chemical

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 2246/S 9379

Introduced 01/14/21; Menstrual products bill

01/05/22: Referred to Health

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the public health law, in relation to the regulation of ingredients in feminine hygiene products

Relevant Description

Prohibits the sale of feminine hygiene products containing a restricted chemical, including lead, mercury, formaldehyde, triclosan, toluene, talc, per- and polyfluoro-alkyl substances, dibutyl phthalate, di (2) exylhexyl phthalate, and isobutyl-, isopropyl-, butyl-, and propylparaben. Also prohibits the inclusion of these restricted substances as a fragrance, colorant, dye, preservative, or other intentionally added ingredients.

Primary Sponsor(s)

Assemblymember Fernandez (D)

FCA Issues

Menstrual Products, Ingredient Disclosure, Chemical ( +control)

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 1731

Introduced 01/14/21; Establishes preferences for NY State purchases under green and healthy procurement act

01/05/22: Referred to procurement and contracts

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

New York state healthy and green procurement act

Relevant Description

Would establish a preference for the purchase of commodities, services and technologies by the State of New York that minimizes negative impacts on health and the environment.

Primary Sponsor(s)

Senator Hoylman (D)

FCA Issues

Green Cleaning/Products

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 2156

Introduced 01/14/21; Fragrance ingredient disclosure  

01/05/22: Referred to Consumer Affairs and Protection

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the general business law, in relation to the full disclosure of ingredients in certain products

Relevant Description

Would prohibit the use of generic terms in the ingredient section of personal care products. Specifically, prohibits manufactures from using the terms “fragrance, colorant, dye, perfume or preservative” in lieu of listing the chemical used in the product. Calls for all chemicals present in personal care products to be included in the ingredient list of the label of the product.

Primary Sponsor(s)

Assemblymember Fernandez (D)

FCA Issues

Fragrance, Personal Care Products, Chemical, Ingredient Disclosure

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 5801

Introduced 02/25/21; Broad recycling bill

01/05/22: Referred to Environmental Conservation

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the environmental conservation law, in relation to establishing the extended producer responsibility act

Relevant Description

Would create an extended producer responsibility program for packaging, to include paper, carton, plastic, glass and metal. Producers would be prohibited from selling or distributing any of the covered materials unless they have an approved producer responsibility plan. This is intended to create a circular economy for recycling. Calls for the use of activity-based costs, meaning a method of distributing the cost among its component streams according to the share of the total cost assumed as a result of the processing of that stream.

Primary Sponsor(s)

Assemblymember Englebright (D)

FCA Issues

Packaging, Plastic

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 1185C

Introduced 01/08/21; Broad recycling bill

04/25/22: Reported and committed to finance  

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the environmental conservation law, in relation to establishing the extended producer responsibility act

Relevant Description

Would create an extended producer responsibility program for packaging, to include paper, carton, plastic, glass and metal. Producers would be prohibited from selling or distributing any of the covered materials unless they have an approved producer responsibility plan. This is intended to create a circular economy for recycling.

Primary Sponsor(s)

Senator Kaminsky (D)

FCA Issues

Packaging, Plastic

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 143/S 3331B

Introduced 01/06/21; Personal care product ingredient disclosure, including fragrance.

05/24/22: Amended on third reading

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the environmental conservation law, in relation to the regulation of ingredients in personal care products

Relevant Description

Requires the personal care product industry to disclose more information on ingredients, including the components of intentionally added fragrance, and to specifically identify ingredients on lists of concern.

Primary Sponsor(s)

Assemblymember Gottfried (D)

FCA Issues

Personal Care Products, Fragrance (+ingredient), Intellectual Property

STATE

Bill Number

Summary

Status

Likelihood2

New York

A 463

Introduced 01/06/21; Relates to the tampon safety and research act and its creation of a research program to determine the risks posed from potential toxins in feminine hygiene products; specifically mentions fragrance

01/05/22: Referred to Health

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

The tampon safety and research act

Relevant Description

Would create a tampon safety and research program to determine the risks posed from potential toxins in feminine hygiene products, including in components that are used as fragrance.

Primary Sponsor(s)

Assemblymember Rosenthal (D)

FCA Issues

Fragrance (+ingredient), Menstrual Products

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 139A/A 4117

Introduced 01/06/21; Passed Assembly 03/30/22; Passed Senate 05/24/22; Recycling bill

05/24/22: Passed Senate

High

YEAR-ROUND; Formal session ended 06/02/22

Title

Relates to declaring the goal of the state of New York to source reduce, reuse, recycle or compost not less than eighty-five percent of the solid waste generated by the year 2031

Relevant Description

Sets the state’s goal for source reduction, reuse, recycling or composting at 85% by 2031. References California’s goals in reduction (including a 75% reduction of packaging waste) in the bill’s justification.

Primary Sponsor(s)

Senator Thomas (D)  

FCA Issues

Packaging, Plastic  

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 291/A 1554

Introduced 01/06/21; Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; legislative findings reference phthalates & fragrances.

01/05/22: Referred to Consumer Protection

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the general business law, in relation to prohibiting the manufacture, distribution and sale of toys and child care products containing phthalates

Relevant Description

Bans the manufacture, distribution and sale of child toys and child care products if they contain phthalates. Imposes a civil fine for a violation. Di (2-Ethylexyl) Phthalate, Dibutyl Phthalate and Butyl Phthalate should not be present in concentrations in excess of 0.1%. Di-Isononyl Phthalate, Di-Isodecyl Phthalate and Di-N-Octyl Phthalate should not be present in concentrations in excess of 0.1% when the product is intended for children under 3 years old.

Primary Sponsor(s)

Senator Myrie (D)

FCA Issues

Chemical (+control)

STATE

Bill Number

Summary

Status

Likelihood2

New York

S 994

Introduced 01/06/21; Child proofing liquid detergent packets

01/06/22: Referred to Consumer Protection

N/A

YEAR-ROUND; Formal session ended 06/02/22

Title

An act to amend the general business law, in relation to child proofing liquid detergent packets

Relevant Description

Would require each liquid detergent packet to be enclosed in an individual, non-permeable, child-resistant wrapper with a warning reading “harmful if put in mouth or swallowed. Eye irritant. Keep out of reach of children” on each.

Primary Sponsor(s)

Senator Holyman (D)

FCA Issues

Cleaning Products

STATE

Bill Number

Summary

Status

Likelihood2

North Carolina

HB 1113

Introduced 05/26/22; Extended producer responsibility bill and ban of certain chemicals in packaging

05/27/22: Referred to Com on Appropriations

Low

Adjourns 06/30/22

Title

Break Free from Plastics & Forever Chemicals

Relevant Description

Creates an extended producer responsibility program from certain packaging materials, including those made of plastic, paper, glass or metal. Packaging does not include packages used for long-term storage (at least five years), medical devices, and containers for hazardous substances. Would also ban certain substances from packaging, including phthalates, PFAS, lead and more.

Primary Sponsor(s)

Senator Butler (D)

FCA Issues

Packaging

STATE

Bill Number

Summary

Status

Likelihood2

North Carolina

HB 528

Introduced 04/12/21; Disclosure of Cosmetic Ingredients

04/13/21: Referred to the Com On Commerce

Low

Adjourns 06/30/22

Title

Disclosure of Cosmetics Ingredients

Relevant Description

Mandates that cosmetic manufacturers disclose all ingredients, and their CAS RN, in a product, including component ingredients of fragrance, on their website in descending order of predominance.

Primary Sponsor(s)

Rep. Belk (D)

FCA Issues

Personal Care Products, Intellectual Property, Fragrance (+ingredient)

STATE

Bill Number

Summary

Status

Likelihood2

Oregon

HB 4129

Introduced 02/01/22; Animal testing    

03/04/22: In committee upon adjournment

N/A

Adjourned 03/07/22

Title

A bill for an act relating to testing cosmetics on animals

Relevant Description

Would prohibit cosmetic animal testing.

Primary Sponsor(s)

Rep. Hudson (D)

FCA Issues

Personal Care Products, Animal Testing

STATE

Bill Number

Summary

Status

Likelihood2

Rhode Island

S 2798

Introduced 03/24/22; Animal testing    

05/12/22: Held for further study

N/A

Adjourns 06/30/22

Title

Relating to Animals and Animal Husbandry – Cruelty to Animals

Relevant Description

Would prohibit cosmetic animal testing.

Primary Sponsor(s)

Senator Archambault (D)

FCA Issues

Personal Care Products, Animal Testing

STATE

Bill Number

Summary

Status

Likelihood2

Rhode Island

S 2296

Introduced 02/15/22; Extended producer responsibility bill      

03/30/22: Held for further study  

N/A

Adjourns 06/30/22

Title

Extended Producer Responsibility for Packaging

Relevant Description

Calls for the establishment of a producer responsibility program by which producers of packaging materials are required to make changes to their product design to reduce packaging and are required to pay fees based on the amount, by weight and type, of packaging material sold, offered for sale, or distributed for sale in Rhode Island. Directs the department to identify toxic chemicals in packages and to create rules and regulations to prohibit those substances from being in packaging.

Primary Sponsor(s)

Senator Valverde (D)

FCA Issues

Packaging, Plastics, Chemical Management (+prohibition)

STATE

Bill Number

Summary

Status

Likelihood2

Rhode Island

H 7279

Introduced 02/02/22; Extended producer responsibility bill      

02/17/22: Held for further study

N/A

Adjourns 06/30/22

Title

Extended Producer Responsibility for Packaging

Relevant Description

Calls for the establishment of a producer responsibility program by which producers of packaging materials are required to make changes to their product design to reduce packaging and are required to pay fees based on the amount, by weight and type, of packaging material sold, offered for sale, or distributed for sale in Rhode Island. Directs the department to identify toxic chemicals in packages and to create rules and regulations to prohibit those substances from being in packaging.

Primary Sponsor(s)

Rep. Bennett (D)

FCA Issues

Packaging, Plastics, Chemical Management (+prohibition)

STATE

Bill Number

Summary

Status

Likelihood2

Rhode Island

H 7297

Introduced 02/02/22; Animal testing    

03/03/22: Held for further study

N/A

Adjourns 06/30/22

Title

Relating to Animals and Animal Husbandry – Cruelty to Animals

Relevant Description

Would prohibit cosmetic animal testing.

Primary Sponsor(s)

Rep. Lima (D)

FCA Issues

Personal Care Products, Animal Testing

STATE

Bill Number

Summary

Status

Likelihood2

Rhode Island

H 7074

Introduced 01/12/22; Animal testing    

02/03/22: Withdrawn at sponsor’s request

N/A

Adjourns 06/30/22

Title

Relating to Animals and Animal Husbandry – Cruelty to Animals

Relevant Description

Would prohibit cosmetic animal testing.

Primary Sponsor(s)

Rep. Lima (D)

FCA Issues

Personal Care Products, Animal Testing

STATE

Bill Number

Summary

Status

Likelihood2

Rhode Island

H 7081

Introduced 01/12/21; Cosmetic labelling bill  

02/03/22: Held for further study

N/A

Adjourns 06/30/22

Title

Relating to Food and Drugs – Cosmetic Labelling

Relevant Description

Would prohibit the manufacturing, sale, or delivery, or holding or offering for sale of any cosmetic in the state of Rhode Island unless its label contains a complete and accurate listing of “each and every component ingredient” in the cosmetic.

Primary Sponsor(s)

Rep. Lombardi (D)

FCA Issues

Personal Care Products, Ingredient Communication, CBI

STATE

Bill Number

Summary

Status

Likelihood2

Utah

H 306

Introduced 02/02/22; Animal testing    

03/04/22: House/strike enacting clause/file for bills not passed

N/A

Adjourned 03/04/22

Title

Cosmetic Sale Amendments

Relevant Description

Would prohibit cosmetic animal testing.

Primary Sponsor(s)

Rep. Barlow (R)

FCA Issues

Personal Care Products, Animal Testing

STATE

Bill Number

Summary

Status

Likelihood2

Vermont

H 677

Introduced 01/18/22; Cosmetics ingredient ban and ingredient disclosure bill

01/18/22: Referred to the Committee on Human Services  

N/A

Adjourned 05/13/22

Title

An act relating to regulating cosmetic products containing certain chemicals and chemical classes

Relevant Description

Requires cosmetic manufacturers to post on their website all information that satisfies the labeling requirements pursuant to the FDCA and the FPLA as well as a list of chemicals or chemical classes intentionally added to the product if the chemicals or chemical classes are listed as chemicals of high concern to children. Would ban the use of certain ingredients in cosmetics including some ingredients on the IFRA transparency list: ethylene glycol; styrene; Decamethylcyclopentasiloxane; 2 - Methyl - 2H - isothiazol - 3 – one; 3(2H)-Isothiazolone, 5-chloro-2-methyl-; methylparaben; propylparaben; butylparaben; and “any undisclosed synthetic fragrances not listed.” Defines “undisclosed synthetic fragrances” as “manmade chemicals that serve the function of being fragrances in a cosmetic product and have not been disclosed to the public on a label or on a manufacturer’s website. Creates penalties.

Primary Sponsor(s)

Rep. Whitman (D)

FCA Issues

Personal Care Products, Fragrance, Ingredient Disclosure, Confidential Business Information

STATE

Bill Number

Summary

Status

Likelihood2

Vermont

S 267

Introduced 01/18/22; Cosmetics ingredient ban and ingredient disclosure bill

01/18/22: Referred to Committee on Health and Welfare  

N/A

Adjourned 05/13/22

Title

An act relating to regulating cosmetic products containing certain chemicals and chemical classes and prohibiting the installation of athletic turf fields containing perfluoroalkyl and polyfluoroalkyl substances

Relevant Description

Requires cosmetic manufacturers to post on their website all information that satisfies the labeling requirements pursuant to the FDCA and the FPLA as well as a list of chemicals or chemical classes intentionally added to the product if the chemicals or chemical classes are listed as chemicals of high concern to children. Would ban the use of certain ingredients in cosmetics including some ingredients on the IFRA transparency list: ethylene glycol; styrene; Decamethylcyclopentasiloxane; 2 - Methyl - 2H - isothiazol - 3 – one; 3(2H)-Isothiazolone, 5-chloro-2-methyl-; methylparaben; propylparaben; butylparaben; and “any undisclosed synthetic fragrances not listed.” Defines “undisclosed synthetic fragrances” as “manmade chemicals that serve the function of being fragrances in a cosmetic product and have not been disclosed to the public on a label or on a manufacturer’s website. Creates penalties.

Primary Sponsor(s)

Rep. Whitman (D)

FCA Issues

Personal Care Products, Fragrance, Ingredient Disclosure, Confidential Business Information

STATE

Bill Number

Summary

Status

Likelihood2

Virginia

HB 918

Introduced 01/12/22; Broad packaging bill

02/15/22: Left in Committee

N/A

Adjourned 03/12/22

Title

A bill to amend the Code of Virginia by adding a section numbered 10.1-1424.4, relating to Packaging Stewardship Program and Fund; Stewardship Advisory Committee; established

Relevant Description

Would establish a Packaging Stewardship Program in which a producer would pay a fee depending on the amount of packaging they use and whether or not it is easily recyclable.

Primary Sponsor(s)

Delegate Lopez (D)

FCA Issues

Packaging  

STATE

Bill Number

Summary

Status

Likelihood2

Virginia

HB 647

Introduced 01/12/22; Broad packaging bill

02/15/22: Left in Committee

N/A

Adjourned 03/12/22

Title

A bill to amend the Code of Virginia by adding a section numbered 10.1-1424.4, relating to Packaging Stewardship Program and Fund; Stewardship Advisory Committee; established

Relevant Description

Would establish a Packaging Stewardship Program in which a producer would pay a fee depending on the amount of packaging they use and whether or not it is easily recyclable.

Primary Sponsor(s)

Delegate Carr (D)

FCA Issues

Packaging  

STATE

Bill Number

Summary

Status

Likelihood2

Washington

HB 2116

Introduced 02/03/22; Biodegradable packaging      

02/03/22: Introduced

N/A

Adjourned 03/10/22

Title

An act relating to the commercial use of nonbiodegradable packaging

Relevant Description

Would pose restrictions on nonbiodegradable packaging. Defines “biodegradable packaging” to include any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, and at least 90 percent of the organic carbon in the material must be converted to carbon dioxide within 180 days. Does not include shipping containers or wrappings. Does not mention microencapsulation but the definition of “biodegradable” could impact other areas.

Primary Sponsor(s)

Rep. Thai (D)

FCA Issues

Microplastics, Encapsulation, Packaging

STATE

Bill Number

Summary

Status

Likelihood2

Washington

SB 5703/HB 1853

Prefiled 01/06/22; Passed Senate 02/14/22; Amended; Cosmetics ingredient disclosure and ban bill      

03/10/22: By resolution, returned to Senate Rules Committee for third reading

N/A

Adjourned 03/10/22

Title

Toxic-Free Cosmetics Act

Relevant Description

Would prohibit the use of certain chemicals found in cosmetics and personal care products above the practical quantitation limit. Amendments removed reference to synthetic fragrance and disclosure requirements.

Primary Sponsor(s)

Senator Das (D)

FCA Issues

Personal Care Products, Fragrance, Ingredient Disclosure, Confidential Business Information

STATE

Bill Number

Summary

Status

Likelihood2

Washington

SB 5697/HB 2003

Prefiled 01/06/22; Extended producer responsibility bill      

02/02/22: Passed Committee  

N/A

Adjourned 03/10/22

Title

An act relating to renewing Washington’s recycling system and reducing waste …

Relevant Description

Would call for each producer that offers for sale, sells or distributes in or into Washington covered products to join a producer responsibility organization.

Primary Sponsor(s)

Senator Das (D)

FCA Issues

Packaging, Plastics

STATE

Bill Number

Summary

Status

Likelihood2

Washington

HB 1686/SB 5852

Prefiled 12/22/21; Biodegradable products      

01/20/22: Hearing

N/A

Adjourned 03/10/22

Title

Allowing the labeling of biodegradable products that are supported by recognized national or international test methods

Relevant Description

Would authorize plastic products that are verified by certain third-party testing methods to be labeled as biodegradable. Does not directly mention encapsulation, but this could fall within scope.

Primary Sponsor(s)

Rep. Harris (R) and Rep. Stonier (D)  

FCA Issues

Microplastics, Encapsulation  

STATE

Bill Number

Summary

Status

Likelihood2

Washington

HB 1694

Prefiled 12/23/21; Passed House 02/13/22; Passed Senate 03/04/22; Changes to the priority chemicals in consumer products program      

03/31/22: Governor partially vetoed; engrossed substitute bill approved an effective 6/9/22

High  

Adjourned 03/10/22

Title

Concerning logistical processes for the regulatory of priority chemicals in consumer products

Relevant Description

Would give the department the authority to order (not just request) a manufacturer submit certain information to them in order to assist with identifying priority consumer products. The majority of the rest of the changes focus on PFAS.

Primary Sponsor(s)

Rep. Berry (D)

FCA Issues

Chemical (+regulation), Personal Care Products  

STATE

Bill Number

Summary

Status

Likelihood2

Washington

HB 1615

Prefiled 12/9/21; Passed House 01/28/22; Animal testing in cosmetics ban    

03/10/22: By resolution, returned to House Rules Committee for third reading

N/A  

Adjourned 03/10/22

Title

Concerning the sale of cosmetics tested on animals

Relevant Description

Would ban the sale of cosmetics in Washington if the cosmetic was developed or manufactured using cosmetic animal testing. Includes exemptions.

Primary Sponsor(s)

Rep. Walen (D)

FCA Issues

Animal Testing, Personal Care Products

STATE

Bill Number

Summary

Status

Likelihood2

Washington

SB 5480

Introduced 04/07/21; Cosmetics ingredient disclosure and ban bill      

01/10/22: By resolution, reintroduced and retained in present status

N/A

Adjourned 03/10/22

Title

The Toxic-Free Cosmetics Act

Relevant Description

Would prohibit the use of certain chemicals found in cosmetics and personal care products above the practical quantitation limit, including some fragrance ingredients: ethylene glycol; styrene; Decamethylcyclopentasiloxane; 2 - Methyl - 2H - isothiazol - 3 – one; 3(2H)-Isothiazolone, 5-chloro-2-methyl-; methylparaben; propylparaben; butylparaben; and “any undisclosed synthetic fragrances not listed.” Defines “undisclosed synthetic fragrance” as “chemicals made by humans that serve the function of being fragrance in a cosmetic product and have not been disclosed to the public on a label or on a manufacturer’s website.” In addition, would require manufacturers to disclose on their website all information that satisfies the labeling requirements of the federal FD&C act and the federal FPLA as well as a list of chemicals or chemical classes intentionally added if they are identified by the department as: a chemical of high concern for children or a high priority chemical.

Primary Sponsor(s)

Senator Das (D)

FCA Issues

Personal Care Products, Fragrance, Ingredient Disclosure, Confidential Business Information

STATE

Bill Number

Summary

Status

Likelihood2

Washington

HB 1291

Prefiled 01/19/21; Home air quality bill      

01/10/22: By resolution, reintroduced and retained in present status

N/A

Adjourned 03/10/22

Title

An act relating to establishing a statewide home air quality improvement program; and adding a new chapter to Title 70 RCW

Relevant Description

Calls for the department to establish a statewide home air quality improvement program to improve control of respiratory conditions in children and teenagers, to reduce the prevalence of environmental triggers for respiratory conditions, and to reduce emergency room visits related to respiratory conditions. Does not mention fragrance but does mention cleaning products.  

Primary Sponsor(s)

Rep. Pollet (D)

FCA Issues

Cleaning Products, Home Air Quality

STATE

Bill Number

Summary

Status

Likelihood2

Washington

SB 5022 

Prefiled 12/17/20; Passed Senate 03/02/21; Passed House 04/07/21; Packaging bill    

05/17/21: Became law  

High

Adjourned 03/10/22

Title

An act relating to the management of certain materials to support recycling and waste and litter reduction…

Relevant Description

Would call for extended producer responsibility programs implemented by and for producers of plastic packaging and other material types to ensure minimal environmental impact, improv design concepts, and incentivize innovation. Washington has set a goal of a 90 percent recycling and reuse rate for plastic packaging and other packaging materials by 2040.

Primary Sponsor(s)

Senator Das (D)

FCA Issues

Packaging, Plastics

STATE

Bill Number

Summary

Status

Likelihood2

Washington

HB 1118

Prefiled 12/17/20; Packaging bill    

01/10/22: By resolution, reintroduced and retained in present status

N/A

Adjourned 03/10/22

Title

An act relating to the management of certain materials to support recycling and waste and litter reduction…

Relevant Description

Would call for extended producer responsibility programs implemented by and for producers of plastic packaging and other material types to ensure minimal environmental impact, improv design concepts, and incentivize innovation. Washington has set a goal of a 90 percent recycling and reuse rate for plastic packaging and other packaging materials by 2040.

Primary Sponsor(s)

Rep. Gervin-Hawkins (D)

FCA Issues

Packaging, Plastics

STATE

Bill Number

Summary

Status

Likelihood2

West Virginia

SB 38/HB 2731 

Introduced 01/12/22; Menstrual product bill      

01/12/22: Referred to health and human resources

N/A

Adjourned 03/12/22

Title

A bill to amend the Code of West Virginia, 1931, by adding thereto a new article… all relating to menstrual product labeling; and providing a civil penalty

Relevant Description

Would mandate that each package or box containing menstrual products contains a plain and conspicuous printed list of all ingredients, listed in order or predominance.

Primary Sponsor(s)

Senator Beach (D)

FCA Issues

Menstrual Products, Ingredient Disclosure

AAI – American Alliance for Innovation Tracking (as of May 2022):

  • BPA (NY, PA, VT, MN)
  • Children’s Products (CT, WV, MN, NY, DE, GA)
  • Ethylene Oxide (VT, GA)
  • Flame Retardants/Foam (CT, NY, DE, GA, WV)
  • PFAS (AK, AZ, CA, HI, MA, NH, NY, OH, PA, FL, NC, OK, RI, VA, MN, VT, MD)
  • Plastics (MA, NJ, NY, RI, DE, PA, VA, IL, GA, FL, KY, ID, CA, HI, WA)
  • Polystyrene (MA, RI, VA, IL, NJ, DE, PA, KY, AZ)
  • Packaging (MA, NJ, NY, RI, VT, AZ, MD, PA, KY, HI, ID, WA)


[1] Last updated August 3, 2022, Topics Monitored: animal testing, chemical (+registration, +management, + control), intellectual property, ingredient disclosure, cosmetics, menstrual products, cleaning products, green cleaning/products, home/indoor air quality, personal care products, fragrance (+ban, +ingredient), formaldehyde bans, VOCs, packaging, microbeads, and microplastics.

[2] Likelihood assessment is an estimation as of August 3, 2022. It is possible, perhaps probable, that these assessments will evolve over the next several months. Review in conjunction with the 2022 State Monitoring Strategy document.