Prohibits the sale of certain products that contain intentionally added PFAS on and after January 1, 2025; 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--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. ZEBROWSKI, LEVENBERG, REYES, EACHUS -- read once
and referred to the Committee on Environmental Conservation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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 or clean-
14 ing products, 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.
18 3. "Regulated perfluoroalkyl and polyfluoroalkyl substances" or "regu-
19 lated PFAS" means PFAS that are:
20 (a) an intentionally added chemical as defined in subdivision eleven
21 of section 37-0901 of this article; or
22 (b) present in a product or product component at or above the practi-
23 cal quantitation limit, as measured in total organic fluorine.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04738-02-3
A. 3556--A 2
1 4. "Architectural paint" means interior and exterior architectural
2 coatings; provided, however, that "architectural paint" shall not
3 include industrial, original equipment or specialty coatings.
4 5. "Children's products" means a product as defined in section 37-0901
5 of this article.
6 6. (a) "Cleaning product" means a finished product that is an air care
7 product, automotive product, general cleaning product, or a polish or
8 floor maintenance product used primarily for janitorial, domestic, or
9 institutional cleaning purposes.
10 (i) "Air care product" means a chemically formulated consumer product
11 labeled to indicate that the purpose of the product is to enhance or
12 condition the indoor environment by eliminating unpleasant odors or
13 freshening the air.
14 (ii) "Automotive product" means a chemically formulated consumer prod-
15 uct labeled to indicate that the purpose of the product is to maintain
16 the appearance of a motor vehicle, as defined in section one hundred
17 twenty-five of the vehicle and traffic law, including products for wash-
18 ing, waxing, polishing, cleaning, or treating the exterior or interior
19 surfaces of motor vehicles. "Automotive product" does not include auto-
20 motive paint or paint repair products.
21 (iii) "General cleaning product" means a soap, detergent, or other
22 chemically formulated consumer product labeled to indicate that the
23 purpose of the product is to clean, disinfect, or otherwise care for
24 fabric, dishes, or other wares; surfaces including, but not limited to,
25 floors, furniture, countertops, showers, and baths; or other hard
26 surfaces, such as stovetops, microwaves, and other appliances.
27 (iv) "Polish or floor maintenance product" means a chemically formu-
28 lated consumer product, such as polish, wax, a stripper, or a restorer,
29 labeled to indicate that the purpose of the product is to polish,
30 protect, buff, condition, temporarily seal, strip, or maintain furni-
31 ture, floors, metal, leather, or other surfaces.
32 (b) "Cleaning product" shall not mean any of the following:
33 (i) Foods, drugs, and cosmetics, including personal care items such as
34 toothpaste, shampoo, and hand soap.
35 (ii) Industrial products specifically manufactured for, and exclusive-
36 ly used in the following: oil and gas production; steel production;
37 heavy industry manufacturing; industrial water treatment; industrial
38 textile maintenance and processing other than industrial laundering;
39 food and beverage processing and packaging; or other industrial manufac-
40 turing processes.
41 7. "Cookware" means durable items that are used in homes, restaurants,
42 institutional, and commercial kitchens to prepare, dispense, or store
43 food, foodstuffs, or beverages for indoor or outdoor use. "Cookware"
44 includes, but is not limited to, pots, pans, skillets, grills, baking
45 sheets, baking molds, trays, bowls, camping gear, and cooking utensils.
46 8. "Fabric treatment" means a substance applied to a fabric for stain,
47 grease, or water resistance.
48 9. "Manufacturer" means any person that manufactures a product or
49 whose brand name is affixed to the product. In the case of a product
50 imported into the United States, "manufacturer" includes the importer or
51 first domestic distributor of the product if the person that manufac-
52 tured or assembled the product or whose brand name is affixed to the
53 product does not have a presence in the United States.
54 10. "Rugs" means any consumer products made from natural or synthetic
55 fabric intended to be used as a floor covering, other than carpets, and
56 includes handmade rugs, area rugs, or mats.
A. 3556--A 3
1 11. "Ski wax" means a lubricant applied to the bottom of snow runners,
2 including skis and snowboards, to improve their grip and glide proper-
3 ties.
4 12. "Textile" means any item made in whole or in part from a natural,
5 man-made, or synthetic fiber, yarn, or fabric. Textile includes, but is
6 not limited to, the following: leather, cotton, silk, jute, hemp, wool,
7 viscose, nylon, or polyester. "Textile" does not include single-use
8 paper hygiene products, including, but not limited to, toilet paper,
9 paper towels or tissues, or single-use absorbent hygiene products. For
10 the purposes of this subdivision, "single-use" means conventionally
11 disposed of after a single use or not sufficiently durable or washable
12 to be, or not intended to be, resuable or refillable.
13 13. "Textile articles" means non-wearable textile goods, footwear,
14 costumes and accessories. For the purposes of this title, textile arti-
15 cles do not include rugs or personal protective equipment.
16 14. "Non-wearable textile goods" means textile goods of a type custom-
17 arily used in households and businesses that are not customarily worn.
18 Textile articles include, but are not limited to, handbags, backpacks,
19 draperies, shower curtains, furnishings, upholstery, beddings, towels,
20 napkins, and tablecloths.
21 § 37-0403. Prohibition on sale of covered products.
22 1. Commencing on January first, two thousand twenty-five, no person
23 shall distribute, sell, or offer for sale in the state any covered prod-
24 uct that contains regulated perfluoroalkyl and polyfluoroalkyl
25 substances.
26 2. The prohibition on distribution, sale or offer of sale in this
27 title does not apply to the sale or resale of used products.
28 § 37-0405. Required notification.
29 1. A manufacturer of a covered product sold into the state shall
30 provide persons that offer the product for sale or distribution in the
31 state with a certificate of compliance. The certificate of compliance
32 shall provide assurance, at a minimum, that the product does not contain
33 any intentionally added PFAS. Any certificate of compliance provided
34 under this section shall be signed by an authorized official of the
35 manufacturer.
36 2. If regulated perfluoroalkyl or polyfluoroalkyl or PFAS are discov-
37 ered in the covered product after the issuance of the certificate of
38 compliance, the manufacturer shall recall the covered product and reim-
39 burse the distributor or retailer for the covered product.
40 § 37-0407. Violations.
41 1. A violation of any of the provisions of this title or any rule or
42 regulation promulgated pursuant thereto shall be punishable in the case
43 of a first violation, by a civil penalty not to exceed ten thousand
44 dollars. In the case of a second and any further violation, the liabil-
45 ity shall be for a civil penalty not to exceed twenty-five thousand
46 dollars for each violation.
47 2. If the department has reason to believe that a covered product
48 contains regulated perfluoroalkyl and polyfluoroalkyl substances and is
49 being distributed, sold, or offered for sale in violation of this
50 section, the department shall direct the manufacturer of the covered
51 product to, within thirty days:
52 (a) provide the department with independent, third-party laboratory
53 test results demonstrating that the covered product does not contain
54 regulated PFAS; or
A. 3556--A 4
1 (b) notify persons who sell that covered product in this state that
2 the sale of that covered product is prohibited in this state and provide
3 the department with a list of the names and addresses of those notified.
4 3. A distributor or retailer of a product, who is not also the
5 manufacturer of the product, shall not be held in violation of this
6 title if it can show that he or she relied in good faith on the certif-
7 icate of compliance provided for in subdivision one of section 37-0405
8 of this title or the retailer received a notification pursuant to subdi-
9 vision two of this section.
10 4. The department shall make information about any citation issued
11 pursuant to this section available to the public on its internet
12 website.
13 § 2. This act shall take effect immediately.
