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A03556 Summary:

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, 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.
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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  --  read once and referred to the
          Committee on Environmental Conservation
        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, or cleaning  products,  or  a
    14  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.

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

        A. 3556                             3
     1    10. "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    11.  "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.
     8    12.  "Textile  articles"  means  non-wearable  textile  goods, outdoor
     9  apparel, footwear, costumes and accessories.
    10    (a) "Non-wearable textile goods" means textile goods of a type custom-
    11  arily used in households and businesses that are not  customarily  worn.
    12  Textile  articles  include, but are not limited to, handbags, backpacks,
    13  draperies, shower curtains, furnishings, upholstery,  beddings,  towels,
    14  napkins,  and tablecloths. For the purposes of this title, textile arti-
    15  cles do not include rugs or personal protective equipment.
    16    (b) "Outdoor apparel" means textiles goods  that  are  clothing  items
    17  intended  primarily  for  outdoor activities, including, but not limited
    18  to, hiking, camping, skiing, climbing, bicycling, and fishing.
    19    (c) "Personal protective equipment" means equipment worn  to  minimize
    20  exposure  to hazards that cause serious workplace injuries and illnesses
    21  that may result from  contact  with  chemical,  radiological,  physical,
    22  electrical, mechanical, or other workplace hazards.
    23  § 37-0403. Prohibition on sale of covered products.
    24    1.  Commencing  on  January first, two thousand twenty-five, no person
    25  shall distribute, sell, or offer for sale in the state any covered prod-
    26  uct  that  contains   regulated   perfluoroalkyl   and   polyfluoroalkyl
    27  substances.
    28    2.  The  prohibition  on  distribution,  sale or offer of sale in this
    29  title does not apply to the sale or resale of used products.
    30  § 37-0405. Required notification.
    31    1. A manufacturer of a  covered  product  sold  into  the  state  that
    32  contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS
    33  shall provide persons that offer the product for sale or distribution in
    34  the  state  with a certificate of compliance. The certificate of compli-
    35  ance shall provide assurance, at a minimum, that the  product  does  not
    36  contain  any  intentionally  added  PFAS.  Any certificate of compliance
    37  provided under this section shall be signed by an authorized official of
    38  the manufacturer.
    39    2. If regulated perfluoroalkyl or polyfluoroalkyl or PFAS are  discov-
    40  ered  in  the  covered  product after the issuance of the certificate of
    41  compliance, the manufacturer shall recall the covered product and  reim-
    42  burse the distributor or retailer for the covered product.
    43  § 37-0407. Violations.
    44    1.   A violation of any of the provisions of this title or any rule or
    45  regulation promulgated pursuant thereto shall be punishable in the  case
    46  of  a  first  violation,  by  a civil penalty not to exceed ten thousand
    47  dollars. In the case of a second and any further violation, the  liabil-
    48  ity  shall  be  for  a  civil penalty not to exceed twenty-five thousand
    49  dollars for each violation.
    50    2.  If the department has reason to believe  that  a  covered  product
    51  contains  regulated perfluoroalkyl and polyfluoroalkyl substances and is
    52  being distributed, sold, or  offered  for  sale  in  violation  of  this
    53  section,  the  department  shall  direct the manufacturer of the covered
    54  product to, within thirty days:

        A. 3556                             4

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