[Adopted 4-12-2016 by L.L. No. 13-2016]
A.
This Legislature hereby finds and determines that dry cleaners use
a wide variety of chemicals and processes to clean clothing and other
delicate household fabrics. This Legislature further finds and determines
that, recently, some dry cleaners have started to use the term "organic"
to describe the solvents or methods used in providing their services.
This practice is misleading. This Legislature finds that the term
"organic" has two separate usages. The first definition of "organic"
is commonly understood by the public as natural substances derived
from plants or animals using no synthetic fertilizers or pesticides.
The second definition is technical, defining any chemical compound
containing carbon molecules as being organic in nature. This Legislature
determines that some dry-cleaning businesses are utilizing the term
"organic" as a way of "greenwashing" their services to make them appear
to be free of harmful chemicals, environmentally friendly, or using
naturally derived products; in fact, they are merely using carbon-based
chemicals. This Legislature also finds that perchloroethylene, one
of the most harmful chemicals used by dry cleaners and commonly known
as "perc," contains carbon molecules. As a result, it is being marketed
as "organic." This Legislature further finds that, to ensure fairness
in advertising and to protect the public from harm, dry cleaners should
be prohibited from using the term "organic" until appropriate regulations
on its usage are established.
B.
Therefore, the purpose of this article is to prohibit the use of
the term "organic" by dry cleaners in Suffolk County until it is properly
regulated at the federal level.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Department of Health Services.
The Department of Health Services.
Any natural individual or business entity of any kind that
uses chemical solvents or wet cleaning process to clean, on-or off-site
(e.g., "drop shops"), clothing or other objects made of cloth or other
material labeled "dry clean" or "dry clean only" for compensation.
No professional garment-cleaning establishment operating in
Suffolk County shall utilize the term "organic" to describe its services
in its advertising or signage.
This article shall be enforced by the Department of Health Services.
The Commissioner of the Department of Health Services is hereby
authorized, empowered and directed to promulgate such rules and regulations
as he or she deems necessary to implement this article.
A.
Any professional garment-cleaning establishment which violates any
provision of this article shall be subject to an initial civil penalty
of $500 per violation, with all subsequent violations subject to a
civil penalty of $1,000 per violation. Each violation shall constitute
a separate and distinct offense.
B.
No penalties shall be imposed by the Department until the alleged
violator is given notice and an opportunity to be heard by the Commissioner
or his or her designee.
This article shall be null and void on the day that state or
federal legislation or regulations by the Federal Trade Commission
or a similar agency go into effect governing the use of the word "organic"
by professional garment-cleaning establishments.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect 60 days immediately subsequent
to filing in the office of the Secretary of State.
