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A05363 Summary:

BILL NOA05363B
 
SAME ASNo Same As
 
SPONSORGallagher
 
COSPNSRFahy, Thiele, Stern, Gonzalez-Rojas, Jacobson, Levenberg, Simon, Simone, Rosenthal L, Colton, Reyes, Shimsky, Raga, Clark, Seawright, Forrest, Otis, Burdick, Mamdani
 
MLTSPNSR
 
Add §37-0123, amd §71-3703, En Con L
 
Prohibits the sale and distribution of anti-fogging sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.
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A05363 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5363--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2023
                                       ___________
 
        Introduced  by  M. of A. GALLAGHER, FAHY, THIELE, STERN, GONZALEZ-ROJAS,
          JACOBSON, LEVENBERG, SIMON, SIMONE, L. ROSENTHAL, COLTON, REYES, SHIM-
          SKY, RAGA, CLARK, SEAWRIGHT, FORREST -- read once and referred to  the
          Committee  on Environmental Conservation -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  recommitted to the Committee on Environmental Conservation in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the sale and distribution of anti-fogging sprays or 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.  The environmental conservation law is amended by adding a
     2  new section 37-0123 to read as follows:
     3  § 37-0123. Prohibitions against the sale of anti-fogging sprays or wipes
     4               containing perfluoroalkyl and polyfluoroalkyl substances.
     5    1. For  the  purposes of this section, the following terms shall  have
     6  the following meanings:
     7    (a)  "Anti-fogging  sprays  or  wipes"  means any product, including a
     8  spray, cloth, wipe or  other  material,  that  is  intended  to  prevent
     9  condensation on eyeglasses.
    10    (b)  "Intentionally added chemical" means a chemical in a product that
    11  serves an intended function or technical effect in the product or  prod-
    12  uct  component,  including the PFAS within intentionally added chemicals
    13  and PFAS that are intentional breakdown products of  an  added  chemical
    14  that  also have a functional or technical effect in the product or prod-
    15  uct component.
    16    (c) "Manufacturer" means a person, firm, association,  partnership  or
    17  corporation:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04073-12-4

        A. 5363--B                          2
 
     1    (i)  that  makes or whose brand name is affixed to anti-fogging sprays
     2  or wipes; or
     3    (ii)  in  the  case of anti-fogging sprays or wipes that were imported
     4  into the United States,  "manufacturer"  means  the  importer  or  first
     5  domestic  distributor  of such anti-fogging sprays or wipes if no person
     6  who is a manufacturer within the meaning of  subparagraph  (i)  of  this
     7  paragraph has a presence in the United States.
     8    (d)   "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    2. No person shall sell or offer for sale in this  state  anti-fogging
    12  sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances
    13  as intentionally added chemicals.
    14    3.  No person that sells or offers for sale any anti-fogging sprays or
    15  wipes shall be held in violation of this title if  they  can  show  that
    16  they  relied  in good faith on the written assurance of the manufacturer
    17  of such product that such product met the requirements of this  section.
    18  Such  written  assurance shall take the form of a certificate of compli-
    19  ance stating that  such product is in compliance with  the  requirements
    20  of  this  section.  The  certificate of compliance shall be signed by an
    21  authorized official of the manufacturer.
    22    4. In addition to any  other  applicable  penalties,  it  shall  be  a
    23  violation  of  this  section  to  provide a certificate of compliance as
    24  contemplated by subdivision three of this section  when  the  applicable
    25  anti-fogging  sprays  or  wipes  do  not satisfy the prohibitions on the
    26  presence of perfluoroalkyl and polyfluoroalkyl substances set  forth  in
    27  subdivision two of this section.
    28    §  2. Section 71-3703 of the environmental conservation law is amended
    29  by adding a new subdivision 7 to read as follows:
    30    7. Any person who violates any of the provisions of, or who  fails  to
    31  perform  any duty imposed by section 37-0123 of this chapter or any rule
    32  or regulation promulgated pursuant thereto, shall be liable for a  civil
    33  penalty  not  to  exceed  one thousand dollars for each day during which
    34  such violation continues, and in addition thereto, such  person  may  be
    35  enjoined  from continuing such violation. Such person shall for a second
    36  violation be liable to the people of the state for a civil  penalty  not
    37  to  exceed  two  thousand five hundred dollars for each day during which
    38  such violation continues.
    39    § 3. This act shall take effect December  31,  2025.  Effective  imme-
    40  diately, the addition, amendment and/or repeal of any rule or regulation
    41  necessary  for  the implementation of this act on its effective date are
    42  authorized and directed to be made  and  completed  on  or  before  such
    43  effective date.
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