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A05363 Summary:

COSPNSRFahy, Thiele, Stern, Gonzalez-Rojas, Jacobson, Levenberg, Simon, Simone, Rosenthal L, Colton, Reyes, Shimsky, Raga
Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L
Prohibits the sale and distribution of anti-fogging sprays and wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.
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A05363 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2023
        Introduced  by  M. of A. GALLAGHER, FAHY, THIELE, STERN, GONZALEZ-ROJAS,
          JACOBSON, LEVENBERG, SIMON, SIMONE -- read once and  referred  to  the
          Committee  on Environmental Conservation -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the sale and distribution of anti-fogging sprays and wipes
          containing perfluoroalkyl and polyfluoroalkyl substances
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Article 37 of the environmental conservation law is amended
     2  by adding a new title 11 to read as follows:
     3                                   TITLE 11
     5  Section 37-1101. Definitions.
     6          37-1103. Applicability.
     7          37-1105. Prohibition  on  the sale and distribution of anti-fog-
     8                     ging sprays and wipes containing  perfluoroalkyl  and
     9                     polyfluoroalkyl substances.
    10          37-1107. Product labeling.
    11          37-1109. Preemption.
    12          37-1111. Rules and regulations.
    13          37-1113. Violations.
    14  § 37-1101. Definitions.
    15    As used in this title:
    16    1.  "Anti-fogging  sprays  and  wipes"  means any product, including a
    17  spray, cloth, wipe or  other  material,  that  is  intended  to  prevent
    18  condensation on eyeglasses.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5363--A                          2

     1    2.  "Distributor"  means  a  person, firm, association, partnership or
     2  corporation, who or which imports or causes  to  be  imported  into  the
     3  state, any product containing PFAS substances.
     4    3.  "Intentionally  added  chemical"  shall  have  the same meaning as
     5  subdivision eleven of section 37-0901 of this article.
     6    4. "Manufacturer" means a person, firm,  association,  partnership  or
     7  corporation, who or which makes products containing PFAS substances.
     8    5.   "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or  "PFAS
     9  substances" means a class of fluorinated organic chemicals containing at
    10  least one fully fluorinated carbon atom.
    11    6. "Person" means a natural person, corporation, company, partnership,
    12  trust or association.
    13  § 37-1103. Applicability.
    14    The provisions of this title shall apply to  the  distribution,  sale,
    15  offer for sale or offer for distribution of products containing perfluo-
    16  roalkyl and polyfluoroalkyl substances on or after the effective date of
    17  this title.
    18  § 37-1105. Prohibition  on  the  sale  and  distribution of anti-fogging
    19               sprays and wipes containing perfluoroalkyl and  polyfluoro-
    20               alkyl substances.
    21    No person shall distribute, sell, offer for sale or offer for distrib-
    22  ution  in this state anti-fogging sprays and wipes containing perfluoro-
    23  alkyl and polyfluoroalkyl substances as intentionally added chemicals.
    24  § 37-1107. Product labeling.
    25    The commissioner may authorize product labeling of  products  that  do
    26  not  contain  perfluoroalkyl  and  polyfluoroalkyl  substances regulated
    27  pursuant to the provisions of this title. The label on such products may
    28  prominently   state   "perfluoroalkyl   and   polyfluoroalkyl-free"   or
    29  "PFAS-Free"  to  inform  consumers  that  the  product  does not contain
    30  perfluoroalkyl and polyfluoroalkyl substances.
    31  § 37-1109. Preemption.
    32    To the extent not inconsistent with federal law, jurisdiction  in  all
    33  matters pertaining to products containing perfluoroalkyl and polyfluoro-
    34  alkyl  substances which are regulated pursuant to the provisions of this
    35  title shall be vested exclusively in the state.
    36  § 37-1111. Rules and regulations.
    37    The commissioner shall have the power to adopt rules  and  regulations
    38  to provide for the effective application and enforcement of this title.
    39  § 37-1113. Violations.
    40    1.  A  violation of any of the provisions of this title or of any rule
    41  or regulation promulgated pursuant thereto shall be  punishable  in  the
    42  case of a first violation, by a civil penalty not to exceed ten thousand
    43  dollars.  In the case of a second and any further violation, the liabil-
    44  ity shall be for a civil penalty  not  to  exceed  twenty-five  thousand
    45  dollars for each violation.
    46    2.  No  person shall be held in violation of this title if such person
    47  can show that, in the purchase of  a  product  from  a  manufacturer  or
    48  distributor,  such  person relied in good faith on the written assurance
    49  of the manufacturer or distributor of such product that such product met
    50  the requirements of this title. Such written assurance shall  take  such
    51  form as shall be prescribed by the department by regulation.
    52    §  2. Severability. If any clause, sentence, paragraph, subdivision or
    53  section of this act shall be adjudged by any court of  competent  juris-
    54  diction to be invalid, such judgment shall not affect, impair, or inval-
    55  idate  the  remainder thereof, but shall be confined in its operation to
    56  the clause, sentence, paragraph, subdivision, section  or  part  thereof

        A. 5363--A                          3

     1  directly  involved  in the controversy in which such judgment shall have
     2  been rendered. It is hereby declared to be the intent of the legislature
     3  that this act would have been enacted even if  such  invalid  provisions
     4  had not been included herein.
     5    §  3.  This  act  shall take effect December 31, 2024. Effective imme-
     6  diately, the addition, amendment and/or repeal of any rule or regulation
     7  necessary for the implementation of this act on its effective  date  are
     8  authorized to be made and completed on or before such effective date.
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