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A03556 Summary:

COSPNSRLevenberg, Reyes, Eachus, Lunsford, Colton, Steck, Shimsky, Simon, Lee, Simone, Gunther, Pretlow, Clark, Seawright, Cunningham, Kelles, O'Donnell, Mamdani, Burdick, Thiele, Lupardo
Add Art 37 Title 4 §§37-0401 - 37-0407, En Con L
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.
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A03556 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2023
        Introduced  by  M.  of A. ZEBROWSKI, LEVENBERG, REYES, EACHUS, LUNSFORD,
          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 Envi-
          ronmental Conservation in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, 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
     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, or a component thereof.
    15    2. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS"  means  a
    16  class  of  fluorinated  organic  chemicals containing at least one fully
    17  fluorinated carbon atom.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3556--B                          2
     1    3. "Regulated perfluoroalkyl and polyfluoroalkyl substances" or "regu-
     2  lated PFAS" means PFAS that are:
     3    (a)  an  intentionally added chemical as defined in subdivision eleven
     4  of section 37-0901 of this article; or
     5    (b) present in a product or product component at or above the  practi-
     6  cal quantitation limit, as measured in total organic fluorine.
     7    4.  "Architectural  paint"  means  interior and exterior architectural
     8  coatings;  provided,  however,  that  "architectural  paint"  shall  not
     9  include industrial, original equipment or specialty coatings.
    10    5. "Children's products" means a product as defined in section 37-0901
    11  of this article.
    12    6. (a) "Cleaning product" means a finished product that is an air care
    13  product,  automotive  product,  general cleaning product, or a polish or
    14  floor maintenance product used primarily for  janitorial,  domestic,  or
    15  institutional cleaning purposes.
    16    (i)  "Air care product" means a chemically formulated consumer product
    17  labeled to indicate that the purpose of the product  is  to  enhance  or
    18  condition  the  indoor  environment  by  eliminating unpleasant odors or
    19  freshening the air.
    20    (ii) "Automotive product" means a chemically formulated consumer prod-
    21  uct labeled to indicate that the purpose of the product is  to  maintain
    22  the  appearance  of  a  motor vehicle, as defined in section one hundred
    23  twenty-five of the vehicle and traffic law, including products for wash-
    24  ing, waxing, polishing, cleaning, or treating the exterior  or  interior
    25  surfaces  of motor vehicles. "Automotive product" does not include auto-
    26  motive paint or paint repair products.
    27    (iii) "General cleaning product" means a  soap,  detergent,  or  other
    28  chemically  formulated  consumer  product  labeled  to indicate that the
    29  purpose of the product is to clean, disinfect,  or  otherwise  care  for
    30  fabric,  dishes, or other wares; surfaces including, but not limited to,
    31  floors, furniture,  countertops,  showers,  and  baths;  or  other  hard
    32  surfaces, such as stovetops, microwaves, and other appliances.
    33    (iv)  "Polish  or floor maintenance product" means a chemically formu-
    34  lated consumer product, such as polish, wax, a stripper, or a  restorer,
    35  labeled  to  indicate  that  the  purpose  of  the product is to polish,
    36  protect, buff, condition, temporarily seal, strip,  or  maintain  furni-
    37  ture, floors, metal, leather, or other surfaces.
    38    (b) "Cleaning product" shall not mean any of the following:
    39    (i) Foods, drugs, and cosmetics, including personal care items such as
    40  toothpaste, shampoo, and hand soap.
    41    (ii) Industrial products specifically manufactured for, and exclusive-
    42  ly  used  in  the  following:  oil and gas production; steel production;
    43  heavy industry manufacturing;  industrial  water  treatment;  industrial
    44  textile  maintenance  and  processing  other than industrial laundering;
    45  food and beverage processing and packaging; or other industrial manufac-
    46  turing processes.
    47    7. "Cookware" means durable items that are used in homes, restaurants,
    48  institutional, and commercial kitchens to prepare,  dispense,  or  store
    49  food,  foodstuffs,  or  beverages  for indoor or outdoor use. "Cookware"
    50  includes, but is not limited to, pots, pans,  skillets,  grills,  baking
    51  sheets, baking molds, trays, bowls, camping gear, and cooking utensils.
    52    8. "Fabric treatment" means a substance applied to a fabric for stain,
    53  grease, or water resistance.
    54    9.  "Manufacturer"  means  any  person  that manufactures a product or
    55  whose brand name is affixed to the product. In the  case  of  a  product
    56  imported into the United States, "manufacturer" includes the importer or

        A. 3556--B                          3
     1  first  domestic  distributor  of the product if the person that manufac-
     2  tured or assembled the product or whose brand name  is  affixed  to  the
     3  product does not have a presence in the United States.
     4    10.  "Rugs" means any consumer products made from natural or synthetic
     5  fabric intended to be used as a floor covering, other than carpets,  and
     6  includes handmade rugs, area rugs, or mats.
     7    11. "Ski wax" means a lubricant applied to the bottom of snow runners,
     8  including  skis  and snowboards, to improve their grip and glide proper-
     9  ties.
    10    12. "Textile" means any item made in whole or in part from a  natural,
    11  man-made, or synthetic fiber, yarn, or fabric.  Textile includes, but is
    12  not  limited to, the following: leather, cotton, silk, jute, hemp, wool,
    13  viscose, nylon, or polyester.   "Textile" does  not  include  single-use
    14  paper  hygiene  products,  including,  but not limited to, toilet paper,
    15  paper towels or tissues, or single-use absorbent hygiene  products.  For
    16  the  purposes  of  this  subdivision,  "single-use" means conventionally
    17  disposed of after a single use or not sufficiently durable  or  washable
    18  to be, or not intended to be, reusable or refillable.
    19    13.  "Textile  articles"  means  non-wearable textile goods, footwear,
    20  costumes and accessories.  For the purposes of this title, textile arti-
    21  cles do not include rugs or personal protective equipment.
    22    14. "Non-wearable textile goods" means textile goods of a type custom-
    23  arily used in households and businesses that are not  customarily  worn.
    24  Textile  articles  include, but are not limited to, handbags, backpacks,
    25  draperies, shower curtains, furnishings, upholstery,  beddings,  towels,
    26  napkins, and tablecloths.
    27    15.  "Anti-fogging  sprays  and  wipes" means_any_product, including_a
    28  spray, cloth, wipe or  other  material,  that  is  intended  to  prevent
    29  condensation on eyeglasses.
    30  § 37-0403. Prohibition on sale of covered products.
    31    1.  Commencing  on  January  first, two thousand twenty-six, no person
    32  shall distribute, sell, or offer for sale in the state any covered prod-
    33  uct  that  contains   regulated   perfluoroalkyl   and   polyfluoroalkyl
    34  substances.
    35    2.  The  prohibition  on  distribution,  sale or offer of sale in this
    36  title does not apply to the sale or resale of used products.
    37  § 37-0405. Required notification.
    38    1. A manufacturer of a covered  product  sold  into  the  state  shall
    39  provide  persons  that offer the product for sale or distribution in the
    40  state with a certificate of compliance. The  certificate  of  compliance
    41  shall provide assurance, at a minimum, that the product does not contain
    42  any  intentionally  added  PFAS.  Any certificate of compliance provided
    43  under this section shall be signed by  an  authorized  official  of  the
    44  manufacturer.
    45    2.  If regulated perfluoroalkyl or polyfluoroalkyl or PFAS are discov-
    46  ered in the covered product after the issuance  of  the  certificate  of
    47  compliance,  the manufacturer shall recall the covered product and reim-
    48  burse the distributor or retailer for the covered product.
    49  § 37-0407. Violations.
    50    1.  A violation of any of the provisions of this title or any rule  or
    51  regulation  promulgated pursuant thereto shall be punishable in the case
    52  of a first violation, by a civil penalty  not  to  exceed  ten  thousand
    53  dollars.  In the case of a second and any further violation, the liabil-
    54  ity shall be for a civil penalty  not  to  exceed  twenty-five  thousand
    55  dollars for each violation.

        A. 3556--B                          4
     1    2.    If  the  department has reason to believe that a covered product
     2  contains regulated perfluoroalkyl and polyfluoroalkyl substances and  is
     3  being  distributed,  sold,  or  offered  for  sale  in violation of this
     4  section, the department shall direct the  manufacturer  of  the  covered
     5  product to, within thirty days:
     6    (a)  provide  the  department with independent, third-party laboratory
     7  test results demonstrating that the covered  product  does  not  contain
     8  regulated PFAS; or
     9    (b)    notify persons who sell that covered product in this state that
    10  the sale of that covered product is prohibited in this state and provide
    11  the department with a list of the names and addresses of those notified.
    12    3. A distributor or retailer  of  a  product,  who  is  not  also  the
    13  manufacturer  of  the  product,  shall  not be held in violation of this
    14  title if it can show that he or she relied in good faith on the  certif-
    15  icate  of  compliance provided for in subdivision one of section 37-0405
    16  of this title or the retailer received a notification pursuant to subdi-
    17  vision two of this section.
    18    4. The department shall make information  about  any  citation  issued
    19  pursuant  to  this  section  available  to  the  public  on its internet
    20  website.
    21    § 2.  This act shall take effect immediately.
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