Florida Senate - 2019 SB 708 By Senator Stewart 13-01704-19 2019708__ 1 A bill to be entitled 2 An act relating to the sale of sunscreen; creating s. 3 380.29, F.S.; defining terms; prohibiting the sale, 4 offer for sale, or distribution of certain sunscreen 5 products to a consumer who does not have a 6 prescription for such product; providing 7 applicability; providing an effective date. 8 9 WHEREAS, the Legislature finds that two chemicals contained 10 in many sunscreens, oxybenzone and octinoxate, have significant 11 harmful impacts on Florida’s marine environment and residing 12 ecosystems, including coral reefs that protect this state’s 13 shoreline, and 14 WHEREAS, oxybenzone and octinoxate cause mortality in 15 developing coral; increase coral bleaching that indicates 16 extreme stress, even at temperatures below 87.8 degrees 17 Fahrenheit; cause genetic damage to coral and other marine 18 organisms; degrade corals’ resiliency and ability to adjust to 19 climate change factors; and inhibit recruitment of new corals, 20 and 21 WHEREAS, oxybenzone and octinoxate appear to increase the 22 probability of endocrine disruption, and scientific studies show 23 that both chemicals can induce feminization in adult male fish 24 and increase reproductive diseases in marine invertebrate 25 species, such as sea urchins; vertebrate species, such as 26 wrasses, eels, and parrotfish; and mammals, and 27 WHEREAS, oxybenzone and octinoxate also induce deformities 28 in the embryonic development of fish, sea urchins, coral, and 29 shrimp and induce neurological behavioral changes in fish that 30 threaten the continuity of fish populations, and 31 WHEREAS, species that are listed pursuant to the federal 32 Endangered Species Act and inhabit this state’s waters, 33 including sea turtle species, marine mammals, and migratory 34 birds, may be exposed to oxybenzone and octinoxate 35 contamination, and 36 WHEREAS, the Legislature finds that oxybenzone and 37 octinoxate environmental contamination persists in this state’s 38 coastal waters because the contamination is constantly refreshed 39 and renewed every day by swimmers and beachgoers, and will 40 continue to be unless the chemicals are actively mitigated, and 41 WHEREAS, sewage contamination of coastal waters is another 42 source of oxybenzone and octinoxate environmental contamination 43 because these chemicals are not removed by the state’s 44 wastewater treatment systems and instead are discharged to the 45 ground and surface waters through cesspools, leaking septic 46 systems, and municipal wastewater collection and treatment 47 systems, and 48 WHEREAS, the Legislature intends to preserve marine 49 ecosystems, including coral reefs, by prohibiting the sale of 50 ultraviolet sun protection factor sunscreen personal care 51 products containing oxybenzone and octinoxate in this state, 52 NOW, THEREFORE, 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1. Section 380.29, Florida Statutes, is created to 57 read: 58 380.29 Sale of sunscreen products containing oxybenzone or 59 octinoxate, or both; prohibition.— 60 (1) For purposes of this section, the term: 61 (a) “Octinoxate” refers to the chemical (RS)-2-Ethylhexyl 62 (2E)-3-(4-methoxyphenyl)prop-2-enoate under the International 63 Union of Pure and Applied Chemistry chemical nomenclature 64 registry which has the chemical abstract service registry number 65 5466-77-3; whose synonyms include, but are not limited to, 66 ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 67 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and 68 Uvinul MC80; and which is intended to be used as protection 69 against ultraviolet light radiation with a spectrum wavelength 70 from 370 nanometers to 220 nanometers in an SPF sunscreen 71 protection personal care product. 72 (b) “Oxybenzone” refers to the chemical (2-Hydroxy-4 73 methoxyphenyl)-phenylmethanone under the International Union of 74 Pure and Applied Chemistry chemical nomenclature registry which 75 has the chemical abstract service registry number 131-57-7; 76 whose synonyms include, but are not limited to, benzophenone-3, 77 Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, 78 Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, USAF Cy-9, 79 Uniphenone-3U, 4-methoxy-2-hydroxybenzophenone, and Milestab 9; 80 and which is intended to be used as protection against 81 ultraviolet light radiation with a spectrum wavelength from 370 82 nanometers to 220 nanometers in an SPF sunscreen protection 83 personal care product. 84 (c) “SPF sunscreen protection personal care product” 85 includes, but is not limited to, a lotion, a paste, a balm, an 86 ointment, a cream, a solid stick applicator, a brush applicator, 87 a roll-on applicator, an aerosol spray, a non-aerosol spray 88 pump, and an automated and a manual mist spray. 89 (2) It is unlawful to sell, offer for sale, or distribute 90 for sale in this state an SPF sunscreen protection personal care 91 product that contains oxybenzone or octinoxate, or both, to a 92 consumer who does not have a prescription from a licensed 93 medical professional for such product. 94 (3) This section applies only to an SPF sunscreen 95 protection personal care product sold or distributed for sale in 96 this state after July 1, 2019. 97 Section 2. This act shall take effect July 1, 2019.