A01549 Summary:

BILL NOA01549
 
SAME ASNo Same As
 
SPONSOROrtiz
 
COSPNSRBarron, McDonough, Arroyo, D'Urso, Epstein, Simon, Cook, Niou
 
MLTSPNSR
 
Add Art 37 Title 9 §§37-0901 - 37-0907, En Con L
 
Requires additional labels on clothing composed of more than fifty percent synthetic material to notify consumers such clothing sheds plastic microfibers when washed.
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A01549 Actions:

BILL NOA01549
 
01/15/2019referred to environmental conservation
01/08/2020referred to environmental conservation
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A01549 Committee Votes:

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A01549 Floor Votes:

There are no votes for this bill in this legislative session.
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A01549 Memo:

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
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A01549 Text:



 
                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.
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