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A04739 Summary:

BILL NOA04739B
 
SAME ASSAME AS S02000-B
 
SPONSORFahy
 
COSPNSRThiele, Gottfried, Rosenthal L, Epstein, Ortiz, Galef, Stirpe, Jaffee, Dinowitz, Magnarelli, Romeo, Lifton, Carroll, Colton, Stern, D'Urso, Mosley, Paulin, Reyes, Perry, Steck, Wallace, Griffin, Abinanti, Jones, Buchwald, Barron, Quart, Simon, Zebrowski, Fernandez, Peoples-Stokes, Davila, Barrett, McDonald, Woerner, Ryan, Hevesi, Miller MG, Sayegh, Glick, LiPetri, McMahon, Simotas, Rozic, Rodriguez, Solages, Weprin, Santabarbara, Gunther, Hunter, Walker, O'Donnell, Burke, Frontus, Vanel, Rivera, Otis, Kim, Raia, Rosenthal D, Seawright, Englebright, Schmitt, Cook, Niou, Barnwell, Ashby, Jacobson, Cruz, Hyndman, Bronson, De La Rosa
 
MLTSPNSRCrouch, Cymbrowitz, Lentol, Lupardo, Taylor
 
Amd 37-0203, ren 37-0209, 37-0211 & 37-0213 to be 37-0211, 37-0213 & 37-0215, add 37-0209, En Con L
 
Relates to the use of perfluoroalkyl and polyfluoroalkyl substances in food packaging.
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A04739 Actions:

BILL NOA04739B
 
02/05/2019referred to environmental conservation
06/03/2019amend (t) and recommit to environmental conservation
06/03/2019print number 4739a
06/06/2019reported referred to codes
06/13/2019reported referred to rules
06/18/2019reported
06/18/2019rules report cal.490
06/18/2019ordered to third reading rules cal.490
06/19/2019substituted by s2000a
 S02000 AMEND=B HOYLMAN
 01/08/2020ordered to third reading cal.179
 01/13/2020amended on third reading 4739b
 01/18/2019REFERRED TO ENVIRONMENTAL CONSERVATION
 06/05/2019AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
 06/05/2019PRINT NUMBER 2000A
 06/19/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/19/2019ORDERED TO THIRD READING CAL.1675
 06/19/2019PASSED SENATE
 06/19/2019DELIVERED TO ASSEMBLY
 06/19/2019referred to codes
 06/19/2019substituted for a4739a
 06/19/2019ordered to third reading rules cal.490
 01/08/2020died in assembly
 01/08/2020returned to senate
 01/08/2020REFERRED TO ENVIRONMENTAL CONSERVATION
 01/14/2020AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
 01/14/2020PRINT NUMBER 2000B
 03/03/20201ST REPORT CAL.542
 03/04/20202ND REPORT CAL.
 03/10/2020ADVANCED TO THIRD READING
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A04739 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4739B
 
SPONSOR: Fahy
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to the use of perfluoroalkyl and polyfluoroalkyl substances in food packaging   SUMMARY OF PROVISIONS: Section 1 of the bill amends section 37-0203 of the environmental conservation law by defining the terms "food package" and "perfluoroal- kyl and polyfluoroalkyl substances" or "PFAS chemicals". Section 2 of the bill renumbers certain sections of the environmental conservation law. Section 3 of the bill adds a new section to the environmental conserva- tion law that prohibits the manufacture, sale, or distribution of food packages in which PFAS chemicals are present in any amount. Section 4 of the bill requires manufacturers to develop a compliance certificate after the prohibition on PFAS chemicals goes into effect, and requires manufacturers to reissue a compliance certificate if the packaging is reformulated. Section 5 of the bill is the effective date.   JUSTIFICATION: The chemicals PFOA and PFOS have come under scrutiny in New York over the last several years due to water contamination cases. While existing federal and state efforts to regulate PFOA and PFOS are critical, there is a troubling gap in these efforts. PFOA and PFOS are part of a class of man-made chemicals called PFAS, or perfluoroalkyl and polyfluoroalkyl chemicals. Regulations on PFOA and PFOS do not address less common chem- icals in the PFAS family that could pose similar and unknown human health impacts, not to mention the potential for new PFAS chemicals to be developed in the future. This bill ban PFAS chemicals in food packaging containers used in New York. Chemicals that are similar in chemical makeup to chemicals we know to be harmful should not be automatically approved for use, because it is likely they also lead to harmful health impacts. 'Rather, we should utilize a precautionary principle and prohibit the use of all PFAS chem- icals in food packaging. New York's recent water contamination cases have brought public atten- tion to the harms of PFOA and PFOS. In Hoosick Falls and Petersburgh, PFOA was used in local factories to manufacture Teflon (non-stick surfaces) and waste product including the chemical entered the local water supply. In Newburgh and Suffolk County, PFOS was used in fire- fighting foam that seeped into the groundwater through firefighting and training activities. In these communities, residents have demonstrated high levels of these chemicals in their blood, and have experienced health impacts including kidney cancer, testicular cancer, thyroid disease, and birth defects, which studies have linked to these chemi- cals. The attention to PFOA and PFOS has led to some recent federal and state regulatory action. The U.S. Environmental Protection Agency (EPA) first issued provisional health advisories for PFOA and PFOS in 2009, and followed up with lifetime health advisories in 2016. However, it has not established national drinking water standards. Under the provisions of the Fiscal Year 2017-2018 New York State budget, New York's Drinking Water Council is undergoing a review of chemicals including PFOA and PFOS with the stated goal of setting strong enforceable limits on the chemicals. In April 2016, the New York State Department of Environmental Conservation issued an emergency rule that added PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt to the state's list of hazardous substances, with particular attention to their use in class B firefighting foams. Finally, over the last dozen years, many companies agreed to voluntarily phase out their use of PFOA and PFOS, though their use continues in limited forms today. The case of Wilmington, North Carolina offers a case in point about the need for stronger action on chemicals in the broader PFAS family. There, a chemical in the PFAS family called GenX was found in the water supply as a result of contamination from a local plant (Chemours, an offshoot of DuPont) that manufactured the chemical. According to DuPont, GenX was developed as a safer alternative to PFOA, which it had phased- out due to environmental health concerns. However, studies submitted to the U.S. EPA by DuPont showed that GenX caused tumors and reproductive problems in lab animals. Residents and local officials are rightly alarmed. Food packaging is a key place to look for PFAS chemicals, as they often include non-stick components to repel grease. PFAS chemicals in food packaging can enter a human's bloodstream by leaching into food that is consumed, as well as find its way into the environment through disposal. A study published in February 2017 (Silent Spring Institute et. al., Environ. Sci. Technol. Lett., 2017, 4 (3), pp 105-111) looked at 400 samples of food packaging from fast food restaurants in the United States. It found that PFAS chemicals were found in 46% of food contact papers and 20% of paperboard samples, including a breakdown of 56% of dessert and bread wrappers, 38% of sandwich and burger wrappers, and 20% of paperboard. This bill would ban the entire class of PFAS chemicals from food packag- ing containers used in New York. Washington State signed similar legis- lation into law in April 2018. In order to protect the health and safety of New Yorkers, we must take an aggressive approach by prohibiting the use of all PFAS chemicals in food packages.   LEGISLATIVE HISTORY: 2019: S.2000 (Hoylman)/ A.4739 2018: 5.8576 (Hoylman) - Died in Environmental Conservation   EFFECTIVE DATE: This act shall take effect immediately.
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A04739 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4739--B
                                                                Cal. No. 179
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2019
                                       ___________
 
        Introduced  by  M. of A. FAHY, THIELE, GOTTFRIED, L. ROSENTHAL, EPSTEIN,
          ORTIZ, GALEF, STIRPE, JAFFEE,  DINOWITZ,  MAGNARELLI,  ROMEO,  LIFTON,
          CARROLL,  COLTON,  STERN, D'URSO, MOSLEY, PAULIN, REYES, PERRY, STECK,
          WALLACE, GRIFFIN, ABINANTI, JONES,  BUCHWALD,  BARRON,  QUART,  SIMON,
          ZEBROWSKI, FERNANDEZ, PEOPLES-STOKES, DAVILA, BARRETT, McDONALD, WOER-
          NER,  RYAN,  HEVESI,  M. G. MILLER,  SAYEGH,  GLICK, LiPETRI, McMAHON,
          SIMOTAS, ROZIC, RODRIGUEZ,  SOLAGES,  WEPRIN,  SANTABARBARA,  GUNTHER,
          HUNTER,  WALKER,  O'DONNELL, BURKE, FRONTUS, VANEL, RIVERA, OTIS, KIM,
          D. ROSENTHAL, SEAWRIGHT, ENGLEBRIGHT, SCHMITT, COOK,  NIOU,  BARNWELL,
          ASHBY,  JACOBSON -- Multi-Sponsored by -- M. of A. CROUCH, CYMBROWITZ,
          DE LA ROSA, LENTOL, LUPARDO -- read once and referred to the Committee
          on Environmental Conservation -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place on the order of third reading
 
        AN  ACT  to amend the environmental conservation law, in relation to the
          use of perfluoroalkyl and polyfluoroalkyl substances in food packaging
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  37-0203 of the environmental conservation law is
     2  amended by adding two new subdivisions 5 and 6 to read as follows:
     3    5. "Food package" means a  package  or  packaging  component  that  is
     4  intended  for direct food contact and is comprised, in substantial part,
     5  of paper, paperboard, or other materials originally derived  from  plant
     6  fibers.
     7    6.   "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or  "PFAS
     8  substances" shall mean, for the purposes of food packaging, a  class  of
     9  fluorinated  organic chemicals containing at least one fully fluorinated
    10  carbon atom.
    11    § 2. Sections  37-0209,  37-0211  and  37-0213  of  the  environmental
    12  conservation law are renumbered sections 37-0211, 37-0213 and 37-0215.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04218-07-0

        A. 4739--B                          2
 
     1    §  3.  The  environmental  conservation law is amended by adding a new
     2  section 37-0209 to read as follows:
     3  § 37-0209. Prohibition  on the use of perfluoroalkyl and polyfluoroalkyl
     4               substances in food packaging.
     5    No person shall sell or  offer  for  sale,  distribute  for  sale,  or
     6  distribute  for use in this state food packaging in which perfluoroalkyl
     7  and polyfluoroalkyl (PFAS) substances  are  intentionally  or  knowingly
     8  added either directly or via constituent components.
     9    §  4.  This  act  shall take effect December 31, 2021. Effective imme-
    10  diately, the addition, amendment and/or repeal of any rule or regulation
    11  necessary for the implementation of this act on its effective  date  are
    12  authorized  and  directed  to  be  made  and completed on or before such
    13  effective date.
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