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S00992 Summary:

Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L
Prohibits the sale and distribution of anti-fogging sprays and wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.
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S00992 Actions:

04/17/20231ST REPORT CAL.609
04/18/2023AMENDED 992A
04/18/20232ND REPORT CAL.
04/25/2023referred to environmental conservation
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S00992 Text:

                STATE OF NEW YORK
            Cal. No. 609
                               2023-2024 Regular Sessions
                    IN SENATE
                                     January 9, 2023
        Introduced  by Sens. HOYLMAN-SIGAL, MAY -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation -- reported favorably from  said  committee,  ordered  to
          first  report, amended on first report, ordered to a second report and
          ordered reprinted, retaining its place in the order of second report
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting the sale and distribution of anti-fogging sprays and wipes
          containing perfluoroalkyl and polyfluoroalkyl substances
          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 11 to read as follows:
     3                                   TITLE 11
     5  Section 37-1101. Definitions.
     6          37-1103. Applicability.
     7          37-1105. Prohibition on the sale and distribution  of  anti-fog-
     8                     ging  sprays  and wipes containing perfluoroalkyl and
     9                     polyfluoroalkyl substances.
    10          37-1107. Product labeling.
    11          37-1109. Preemption.
    12          37-1111. Rules and regulations.
    13          37-1113. Violations.
    14  § 37-1101. Definitions.
    15    As used in this title:
    16    1. "Anti-fogging sprays and wipes"  means  any  product,  including  a
    17  spray,  cloth,  wipe  or  other  material,  that  is intended to prevent
    18  condensation on eyeglasses.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 992--A                           2
     1    2. "Distributor" means a person,  firm,  association,  partnership  or
     2  corporation,  who  or  which  imports  or causes to be imported into the
     3  state, any product containing PFAS substances.
     4    3.  "Intentionally  added  chemical"  shall  have  the same meaning as
     5  subdivision eleven of section 37-0901 of this article.
     6    4. "Manufacturer" means a person, firm,  association,  partnership  or
     7  corporation, who or which makes products containing PFAS substances.
     8    5.   "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or  "PFAS
     9  substances" means a class of fluorinated organic chemicals containing at
    10  least one fully fluorinated carbon atom.
    11    6. "Person" means a natural person, corporation, company, partnership,
    12  trust or association.
    13  § 37-1103. Applicability.
    14    The provisions of this title shall apply to  the  distribution,  sale,
    15  offer for sale or offer for distribution of products containing perfluo-
    16  roalkyl and polyfluoroalkyl substances on or after the effective date of
    17  this title.
    18  § 37-1105. Prohibition  on  the  sale  and  distribution of anti-fogging
    19               sprays and wipes containing perfluoroalkyl and  polyfluoro-
    20               alkyl substances.
    21    No person shall distribute, sell, offer for sale or offer for distrib-
    22  ution  in this state anti-fogging sprays and wipes containing perfluoro-
    23  alkyl and polyfluoroalkyl substances as intentionally added chemicals.
    24  § 37-1107. Product labeling.
    25    The commissioner may authorize product labeling of  products  that  do
    26  not  contain  perfluoroalkyl  and  polyfluoroalkyl  substances regulated
    27  pursuant to the provisions of this title. The label on such products may
    28  prominently   state   "perfluoroalkyl   and   polyfluoroalkyl-free"   or
    29  "PFAS-Free"  to  inform  consumers  that  the  product  does not contain
    30  perfluoroalkyl and polyfluoroalkyl substances.
    31  § 37-1109. Preemption.
    32    To the extent not inconsistent with federal law, jurisdiction  in  all
    33  matters pertaining to products containing perfluoroalkyl and polyfluoro-
    34  alkyl  substances which are regulated pursuant to the provisions of this
    35  title shall be vested exclusively in the state.
    36  § 37-1111. Rules and regulations.
    37    The commissioner shall have the power to adopt rules  and  regulations
    38  to provide for the effective application and enforcement of this title.
    39  § 37-1113. Violations.
    40    1.  A  violation of any of the provisions of this title or of any rule
    41  or regulation promulgated pursuant thereto shall be  punishable  in  the
    42  case of a first violation, by a civil penalty not to exceed ten thousand
    43  dollars.  In the case of a second and any further violation, the liabil-
    44  ity shall be for a civil penalty  not  to  exceed  twenty-five  thousand
    45  dollars for each violation.
    46    2.  No  person shall be held in violation of this title if such person
    47  can show that, in the purchase of  a  product  from  a  manufacturer  or
    48  distributor,  such  person relied in good faith on the written assurance
    49  of the manufacturer or distributor of such product that such product met
    50  the requirements of this title. Such written assurance shall  take  such
    51  form as shall be prescribed by the department by regulation.
    52    §  2. Severability. If any clause, sentence, paragraph, subdivision or
    53  section of this act shall be adjudged by any court of  competent  juris-
    54  diction to be invalid, such judgment shall not affect, impair, or inval-
    55  idate  the  remainder thereof, but shall be confined in its operation to
    56  the clause, sentence, paragraph, subdivision, section  or  part  thereof

        S. 992--A                           3
     1  directly  involved  in the controversy in which such judgment shall have
     2  been rendered. It is hereby declared to be the intent of the legislature
     3  that this act would have been enacted even if  such  invalid  provisions
     4  had not been included herein.
     5    §  3.  This  act  shall take effect December 31, 2024. Effective imme-
     6  diately, the addition, amendment and/or repeal of any rule or regulation
     7  necessary for the implementation of this act on its effective  date  are
     8  authorized to be made and completed on or before such effective date.
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