Florida Senate - 2020                                     SB 318
       By Senator Stewart
       13-00435-20                                            2020318__
    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.
    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 the coral’s resiliency and ability to adjust
   19  to climate change factors; and inhibit recruitment of new
   20  corals, 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 which
   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,
   54  Be It Enacted by the Legislature of the State of Florida:
   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, 2020.
   97         Section 2. This act shall take effect July 1, 2020.