Requires additional labels on clothing composed of more than fifty percent synthetic material to notify consumers such clothing sheds plastic microfibers when washed.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1549
SPONSOR: Ortiz
 
TITLE OF BILL: An act to amend the environmental conservation law, in
relation to requiring additional labels on certain microfiber clothing
 
PURPOSE:
This legislation addresses the micro-fiber plastic pollutants that are a
growing environmental hazard especially in our waterways and water
sources.
 
SUMMARY OF PROVISIONS:
Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 9: Section 37-0901-Definitions. 37-0903-microfi-
ber clothing label requirements. 37-0905-preemtion. 37-0907- rules and
regulations.
2. Beginning January first, two thousand twenty one, no person, firm,
partnership, association, limited liability company or corporation shall
sell or offer for sale any new clothing made from fabric that is
composed of more than fifty percent synthetic material without a
conspicuous label that is visible to the consumer at the point of sale,
in the form of a sticker, hang tag, or any other label type that
includes the following statement: "This garment sheds plastic microfi-
bers when washed, which contributes to marine plastic pollution. Hand
washing recommended to reduce shedding."
Section 2. This act shall take effect immediately.
 
JUSTIFICATION:
Multiple studies have shown synthetic fibers to make up the share of
micro-plastics found in oceans, rivers and lakes, and clothes made from
synthetics (polyester, nylon, and so on) are widely implicated as the
source of that pollution. Micro-fibers, due to their size, can easily
move through sewage treatment plants. Unlike natural fibers, such as
cotton or wool, synthetic fibers do not biodegrade, and tend to bind
with molecules of harmful chemical pollutants found in wastewater, such
as pesticides or flame retardants. Studies have shown health problems
among plankton and other small organisms that eat microfibers, which
then make their way up the food chain. Researchers have found high
numbers of fibers inside fish and shellfish sold at markets.
According to the Plastic Pollution Coalition, 83 percent of drinking
water samples worldwide tested positive for microscopic plastic fibers.
Tiny plastic fibers or "microfibers" have been found in the far corners
of the world - in the oceans, in remote lakes and rivers, in fish, salt,
and honey, and in the air we breathe.
According to the Plastic Soup Foundation, microfibers can enter our
water supply through machine washing synthetic clothing such as fleece,
polyester, and nylon. 34.8 percent of primary micro-plastics released by
machine washing synthetic clothes ultimately end up in the environment.
Clothing fibers are often too small (5 mm) to be filtered out at waste-
water treatment plants and are discharged into streams, rivers, lakes,
and eventually the ocean.
This legislation would help in addressing this environmental hazard by
effectively labeling clothing that contains materials that produce
microfiber particles. All over the world, grassroots advocates are work-
ing to stop microfiber pollution. The international Life+ Mermaids
consortium, recently performed research into microfiber loss in washing
machines, and conducted successful experiments with bio-based coatings
made from shrimp (chitosan) and plants (pectin). These experiments
managed to reduce fiber loss by an impressive 50 percent, but how this
can translate to households around the world is still unknown.
In the U.S., the Cora Ball is now being produced after a successful
crowdfunding campaign. The natural filtration system of coral formed the
inspiration for this ball, which filters tiny particles out of the rinse
water in the washing machine. Another example is the Guppy Friend, a
special bag for the washing machine that traps microfibers and prevents
them from reaching the water supply.
 
LEGISLATIVE HISTORY:
05/08/18 referred to environmental conservation
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
1549
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. ORTIZ, BARRON, McDONOUGH -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring additional labels on certain microfiber clothing
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 9 to read as follows:
3 TITLE IX
4 SYNTHETIC PLASTIC MICROFIBER
5 Section 37-0901. Definitions.
6 37-0903. Microfiber clothing label requirements.
7 37-0905. Preemption.
8 37-0907. Rules and regulations.
9 § 37-0901. Definitions.
10 As used in this article: 1. "Clothing" means an article of apparel
11 intended to be worn by a person, not including hats or shoes.
12 2. "Plastic microfiber" means a small synthetic particle that is
13 fibrous in shape, less than five millimeters in length, and is released
14 into water through the regular washing of textiles made from synthetic
15 material.
16 § 37-0903. Microfiber clothing label requirements.
17 1. Beginning January first, two thousand twenty-one, no person, firm,
18 partnership, association, limited liability company or corporation shall
19 manufacture for sale any new clothing made from fabric that is composed
20 of more than fifty percent synthetic material, if a care label is
21 required for that clothing pursuant to part four hundred twenty-three of
22 title sixteen of the code of federal regulations, without including on
23 such care label, in addition to the care information and instructions
24 required pursuant to such federal law, one of the following statements,
25 as applicable:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05885-01-9
A. 1549 2
1 a. For clothing for which machine washing or hand washing is recom-
2 mended or required: "This garment sheds plastic microfibers when washed.
3 Hand washing recommended to reduce shedding."
4 b. For all other clothing that does not meet the description in para-
5 graph a of this subdivision or if including the statement in paragraph a
6 of this subdivision would violate part four hundred twenty-three of
7 title sixteen of the code of federal regulations: "This garment sheds
8 plastic microfibers when washed."
9 2. Beginning January first, two thousand twenty-one, no person, firm,
10 partnership, association, limited liability company or corporation shall
11 sell or offer for sale any new clothing made from fabric that is
12 composed of more than fifty percent synthetic material without a
13 conspicuous label that is visible to the consumer at the point of sale,
14 in the form of a sticker, hang tag, or any other label type, that
15 includes one of the following statements, as applicable:
16 a. For clothing for which machine washing or hand washing is recom-
17 mended or required: "This garment sheds plastic microfibers when washed,
18 which contributes to marine plastic pollution. Hand washing recommended
19 to reduce shedding."
20 b. For clothing for which dry cleaning is required: "This garment
21 sheds plastic microfibers when washed, which contributes to marine plas-
22 tic pollution. Dry clean only."
23 c. For all other clothing that does not meet the description in para-
24 graph a or b of this subdivision or if including the applicable state-
25 ment in paragraph a or b of this subdivision would violate part four
26 hundred twenty-three of title sixteen of the code of federal regu-
27 lations: "This garment sheds plastic microfibers when washed, which
28 contributes to marine plastic pollution."
29 § 37-0905. Preemption.
30 The provisions of this title shall preempt any ordinance or resolution
31 of a municipality, county or any other local government entity relating
32 to synthetic plastic microfiber.
33 § 37-0907. Rules and regulations.
34 The department is authorized to promulgate such rules and regulations
35 as it shall deem necessary to implement the provisions of this title.
36 § 2. This act shall take effect immediately.