Prohibits the sale of certain products that contain intentionally added PFAS on and after January 1, 2026; requires manufacturers of products containing PFAS to provide notice of such fact to persons that offer the products for sale or distribution; provides penalties for violations.
STATE OF NEW YORK
________________________________________________________________________
3556--C
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. ZEBROWSKI, LEVENBERG, REYES, EACHUS, LUNSFORD,
COLTON, STECK, SHIMSKY, SIMON, LEE, SIMONE, GUNTHER, PRETLOW, CLARK,
SEAWRIGHT, CUNNINGHAM, KELLES, O'DONNELL, MAMDANI, BURDICK, THIELE,
LUPARDO, DINOWITZ, GALLAGHER, McDONALD -- read once and referred to
the Committee on Environmental Conservation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Environmental Conserva-
tion in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of products that contain intentionally added PFAS
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 4 to read as follows:
3 TITLE IV
4 PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
5 Section 37-0401. Definitions.
6 37-0403. Prohibition on sale of covered products.
7 37-0405. Required notification.
8 37-0407. Violations.
9 § 37-0401. Definitions.
10 For purposes of this title, the following terms have the following
11 definitions:
12 1. "Covered product" means textile articles, rugs, fabric treatments,
13 cookware, ski waxes, architectural paints, children's products, cleaning
14 products, anti-fogging sprays and wipes, dental floss, or a component
15 thereof.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04738-06-4
A. 3556--C 2
1 2. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a
2 class of fluorinated organic chemicals containing at least one fully
3 fluorinated carbon atom.
4 3. "Regulated perfluoroalkyl and polyfluoroalkyl substances" or "regu-
5 lated PFAS" means PFAS that are:
6 (a) an intentionally added chemical as defined in subdivision eleven
7 of section 37-0901 of this article; or
8 (b) present in a product or product component at or above the practi-
9 cal quantitation limit, as measured in total organic fluorine.
10 4. "Architectural paint" means interior and exterior architectural
11 coatings; provided, however, that "architectural paint" shall not
12 include industrial, original equipment or specialty coatings.
13 5. "Children's products" means a product as defined in section 37-0901
14 of this article.
15 6. (a) "Cleaning product" means a finished product that is an air care
16 product, automotive product, general cleaning product, or a polish or
17 floor maintenance product used primarily for janitorial, domestic, or
18 institutional cleaning purposes.
19 (i) "Air care product" means a chemically formulated consumer product
20 labeled to indicate that the purpose of the product is to enhance or
21 condition the indoor environment by eliminating unpleasant odors or
22 freshening the air.
23 (ii) "Automotive product" means a chemically formulated consumer prod-
24 uct labeled to indicate that the purpose of the product is to maintain
25 the appearance of a motor vehicle, as defined in section one hundred
26 twenty-five of the vehicle and traffic law, including products for wash-
27 ing, waxing, polishing, cleaning, or treating the exterior or interior
28 surfaces of motor vehicles. "Automotive product" does not include auto-
29 motive paint or paint repair products.
30 (iii) "General cleaning product" means a soap, detergent, or other
31 chemically formulated consumer product labeled to indicate that the
32 purpose of the product is to clean, disinfect, or otherwise care for
33 fabric, dishes, or other wares; surfaces including, but not limited to,
34 floors, furniture, countertops, showers, and baths; or other hard
35 surfaces, such as stovetops, microwaves, and other appliances.
36 (iv) "Polish or floor maintenance product" means a chemically formu-
37 lated consumer product, such as polish, wax, a stripper, or a restorer,
38 labeled to indicate that the purpose of the product is to polish,
39 protect, buff, condition, temporarily seal, strip, or maintain furni-
40 ture, floors, metal, leather, or other surfaces.
41 (b) "Cleaning product" shall not mean any of the following:
42 (i) Foods, drugs, and cosmetics, including personal care items such as
43 toothpaste, shampoo, and hand soap.
44 (ii) Industrial products specifically manufactured for, and exclusive-
45 ly used in the following: oil and gas production; steel production;
46 heavy industry manufacturing; industrial water treatment; industrial
47 textile maintenance and processing other than industrial laundering;
48 food and beverage processing and packaging; or other industrial manufac-
49 turing processes.
50 7. "Cookware" means durable items that are used in homes, restaurants,
51 institutional, and commercial kitchens to prepare, dispense, or store
52 food, foodstuffs, or beverages for indoor or outdoor use. "Cookware"
53 includes, but is not limited to, pots, pans, skillets, grills, baking
54 sheets, baking molds, trays, bowls, camping gear, and cooking utensils.
55 8. "Fabric treatment" means a substance applied to a fabric for stain,
56 grease, or water resistance.
A. 3556--C 3
1 9. "Manufacturer" means any person that manufactures a product or
2 whose brand name is affixed to the product. In the case of a product
3 imported into the United States, "manufacturer" includes the importer or
4 first domestic distributor of the product if the person that manufac-
5 tured or assembled the product or whose brand name is affixed to the
6 product does not have a presence in the United States.
7 10. "Rugs" means any consumer products made from natural or synthetic
8 fabric intended to be used as a floor covering, other than carpets, and
9 includes handmade rugs, area rugs, or mats.
10 11. "Ski wax" means a lubricant applied to the bottom of snow runners,
11 including skis and snowboards, to improve their grip and glide proper-
12 ties.
13 12. "Textile" means any item made in whole or in part from a natural,
14 man-made, or synthetic fiber, yarn, or fabric. Textile includes, but is
15 not limited to, the following: leather, cotton, silk, jute, hemp, wool,
16 viscose, nylon, or polyester. "Textile" does not include single-use
17 paper hygiene products, including, but not limited to, toilet paper,
18 paper towels or tissues, or single-use absorbent hygiene products. For
19 the purposes of this subdivision, "single-use" means conventionally
20 disposed of after a single use or not sufficiently durable or washable
21 to be, or not intended to be, reusable or refillable.
22 13. "Textile articles" means non-wearable textile goods, footwear,
23 costumes and accessories. For the purposes of this title, textile arti-
24 cles do not include rugs or personal protective equipment.
25 14. "Non-wearable textile goods" means textile goods of a type custom-
26 arily used in households and businesses that are not customarily worn.
27 Textile articles include, but are not limited to, handbags, backpacks,
28 draperies, shower curtains, furnishings, upholstery, beddings, towels,
29 napkins, and tablecloths.
30 15. "Anti-fogging sprays and wipes" means_any_product, including_a
31 spray, cloth, wipe or other material, that is intended to prevent
32 condensation on eyeglasses.
33 16. "Dental floss" means a thread, cord, string or similar material
34 that is used for cleaning between teeth. Dental floss includes floss
35 picks and other flossing tools.
36 § 37-0403. Prohibition on sale of covered products.
37 1. Commencing on January first, two thousand twenty-six, no person
38 shall distribute, sell, or offer for sale in the state any covered prod-
39 uct that contains regulated perfluoroalkyl and polyfluoroalkyl
40 substances.
41 2. The prohibition on distribution, sale or offer of sale in this
42 title does not apply to the sale or resale of used products.
43 § 37-0405. Required notification.
44 1. A manufacturer of a covered product sold into the state shall
45 provide persons that offer the product for sale or distribution in the
46 state with a certificate of compliance. The certificate of compliance
47 shall provide assurance, at a minimum, that the product does not contain
48 any intentionally added PFAS. Any certificate of compliance provided
49 under this section shall be signed by an authorized official of the
50 manufacturer.
51 2. If regulated perfluoroalkyl or polyfluoroalkyl or PFAS are discov-
52 ered in the covered product after the issuance of the certificate of
53 compliance, the manufacturer shall recall the covered product and reim-
54 burse the distributor or retailer for the covered product.
55 § 37-0407. Violations.
A. 3556--C 4
1 1. A violation of any of the provisions of this title or any rule or
2 regulation promulgated pursuant thereto shall be punishable in the case
3 of a first violation, by a civil penalty not to exceed ten thousand
4 dollars. In the case of a second and any further violation, the liabil-
5 ity shall be for a civil penalty not to exceed twenty-five thousand
6 dollars for each violation.
7 2. If the department has reason to believe that a covered product
8 contains regulated perfluoroalkyl and polyfluoroalkyl substances and is
9 being distributed, sold, or offered for sale in violation of this
10 section, the department shall direct the manufacturer of the covered
11 product to, within thirty days:
12 (a) provide the department with independent, third-party laboratory
13 test results demonstrating that the covered product does not contain
14 regulated PFAS; or
15 (b) notify persons who sell that covered product in this state that
16 the sale of that covered product is prohibited in this state and provide
17 the department with a list of the names and addresses of those notified.
18 3. A distributor or retailer of a product, who is not also the
19 manufacturer of the product, shall not be held in violation of this
20 title if it can show that he or she relied in good faith on the certif-
21 icate of compliance provided for in subdivision one of section 37-0405
22 of this title or the retailer received a notification pursuant to subdi-
23 vision two of this section.
24 4. The department shall make information about any citation issued
25 pursuant to this section available to the public on its internet
26 website.
27 § 2. This act shall take effect immediately.
