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A1740
ASSEMBLY, No. 1740
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblyman� WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Co-Sponsored by:
Assemblywomen Haider and Brennan
SYNOPSIS
���� Prohibits sale of cosmetic products and personal care
products containing 1,4-dioxane.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the presence of hazardous chemicals in
certain cosmetic and personal care products and supplementing Title 13 of the
Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� a.� As used in this
section:
���� "Commissioner" means
the Commissioner of Environmental Protection.
���� "Cosmetic product"
means any article (1) intended to be rubbed, sprinkled, or sprayed on,
introduced into, or otherwise applied to the human body or any part thereof for
beautifying, promoting attractiveness, or altering the appearance, or (2) intended
for use as a component of any such article.� "Cosmetic product" does
not include any personal care product, as defined in this section, for which a
prescription is required for distribution or dispensation.
���� "Department" means
the Department of Environmental Protection.
���� "Personal care
product" means any product intended for cleaning or cleansing any part of
the body, such as the skin and hair, and including but not limited to, hair
shampoo, hair conditioner, soap, bath gels and other bath products. "Personal
care product" does not include any product for which a prescription is
required for distribution or dispensation.
���� b.� Commencing one year after
the effective date of this section, no person shall sell or offer for sale any
cosmetic product or personal care product containing 1,4-dioxane, other than
trace concentrations approved by the commissioner pursuant to subsection c. of
this section.
���� c.� The commissioner shall
establish allowable trace concentrations for 1,4-dioxane in cosmetic products
and personal care products.� The allowable trace concentrations for cosmetic
products shall not exceed 10 parts per million.� The allowable trace concentrations
for personal care products shall not exceed two parts per million until two
years after the effective date of this section, after which they shall not
exceed one part per million.
���� d.� No later than three years
after the effective date of this section, the commissioner shall review the
standards for allowable trace concentrations established pursuant to subsection
c. of this section and determine whether such concentrations shall be lowered
to better protect human health and the environment.
���� e.� A manufacturer of a
cosmetic product or personal care product subject to the requirements of this
section may apply to the department for a one-year waiver from the requirements
for a specific cosmetic product or personal care product, and upon a showing to
the commissioner that the manufacturer has taken steps to reduce the presence
of 1,4-dioxane in that product and is unable to comply with the requirements of
this section. Thereafter, a manufacturer may apply for one additional one-year
waiver for such product, upon its satisfaction of similar proof.
���� 2.� The department shall, in
accordance with the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.). adopt rules and regulations as necessary to implement
this act.
���� 3.� This act shall take effect
immediately.
STATEMENT
���� This bill would prohibit the
sale of cosmetic products and personal care products that contain 1,4-dioxane.
���� The prohibitions on the sale
of cosmetic products and personal care products that contain 1,4-dioxane would
go into effect one year after the bill's enactment.� The bill would direct the
Commissioner of Environmental Protection to formulate allowable trace
concentrations of 1,4-dioxane in cosmetic and personal care products, and would
establish certain maximum thresholds for these allowable trace concentrations.�
The bill would also allow a manufacturer to apply to the Department of
Environmental Protection (DEP) for a waiver for a product if the manufacturer
demonstrates that it has taken steps to reduce the presence of 1,4-dioxane in
the product and is unable to comply with the requirements of the bill.� The
bill's provisions are based on Chapter 613 of the 2019 Laws of New York, which
similarly prohibits the sale of cosmetic products and personal care products
that contain 1,4-dioxane.
���� 1,4-dioxane a clear liquid
chemical with a faint sweet odor, which occurs as a byproduct during the
manufacturing of certain ingredients in cosmetic, cleaning, and personal care
products.� Since the 1980s, the Federal Drug Administration (FDA) has
recommended that manufacturers use the "vacuum stripping" technique
as a way of reducing 1,4-dioxane in these products.� However, the chemical is
still widely found, albeit at very low concentrations, in these products.�
1,4-dixoane is a hazardous substance and a potential human carcinogen.