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S08188 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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S08188 Actions:

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S08188 Text:

                STATE OF NEW YORK
                    IN SENATE
                                    February 1, 2022
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        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          37-11113. 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.
    19    2. "Distributor" means a person,  firm,  association,  partnership  or
    20  corporation,  who  or  which  imports  or causes to be imported into the
    21  state, any product containing PFAS substances.
    22    3. "Intentionally added chemical"  shall  have  the  same  meaning  as
    23  subdivision eleven of section 37-0901 of this article.
    24    4.  "Manufacturer"  means  a person, firm, association, partnership or
    25  corporation, who or which makes products containing PFAS substances.
    26    5.  "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or   "PFAS
    27  substances" means a class of fluorinated organic chemicals containing at
    28  least one fully fluorinated carbon atom.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8188                             2
     1    6. "Person" means a natural person, corporation, company, partnership,
     2  trust or association.
     3  § 37-1103. Applicability.
     4    The  provisions  of  this title shall apply to the distribution, sale,
     5  offer for sale or offer for distribution of products containing perfluo-
     6  roalkyl and polyfluoroalkyl substances on or after the effective date of
     7  this title.
     8  § 37-1105. Prohibition on the  sale  and  distribution  of  anti-fogging
     9               sprays  and wipes containing perfluoroalkyl and polyfluoro-
    10               alkyl substances.
    11    No person shall distribute, sell, offer for sale or offer for distrib-
    12  ution in this state anti-fogging sprays and wipes containing  perfluoro-
    13  alkyl and polyfluoroalkyl substances as intentionally added chemicals.
    14  § 37-1107. Product labeling.
    15    The  commissioner  may  authorize product labeling of products that do
    16  not contain  perfluoroalkyl  and  polyfluoroalkyl  substances  regulated
    17  pursuant to the provisions of this title. The label on such products may
    18  prominently   state   "perfluoroalkyl   and   polyfluoroalkyl-free"   or
    19  "PFAS-Free" to inform  consumers  that  the  product  does  not  contain
    20  perfluoroalkyl and polyfluoroalkyl substances.
    21  § 37-1109. Preemption.
    22    To  the  extent not inconsistent with federal law, jurisdiction in all
    23  matters pertaining to products containing perfluoroalkyl and polyfluoro-
    24  alkyl substances which are regulated pursuant to the provisions of  this
    25  title shall be vested exclusively in the state.
    26  § 37-1111. Rules and regulations.
    27    The  commissioner  shall have the power to adopt rules and regulations
    28  to provide for the effective application and enforcement of this title.
    29  § 37-1113. Violations.
    30    1. A violation of any of the provisions of this title or of  any  rule
    31  or  regulation  promulgated  pursuant thereto shall be punishable in the
    32  case of a first violation, by a civil penalty not to exceed ten thousand
    33  dollars. In the case of a second and any further violation, the  liabil-
    34  ity  shall  be  for  a  civil penalty not to exceed twenty-five thousand
    35  dollars for each violation.
    36    2. No person shall be held in violation of this title if  such  person
    37  can  show  that,  in  the  purchase  of a product from a manufacturer or
    38  distributor, such person relied in good faith on the  written  assurance
    39  of the manufacturer or distributor of such product that such product met
    40  the  requirements  of this title. Such written assurance shall take such
    41  form as shall be prescribed by the department by regulation.
    42    § 2. Severability. If any clause, sentence, paragraph, subdivision  or
    43  section  of  this act shall be adjudged by any court of competent juris-
    44  diction to be invalid, such judgment shall not affect, impair, or inval-
    45  idate the remainder thereof, but shall be confined in its  operation  to
    46  the  clause,  sentence,  paragraph, subdivision, section or part thereof
    47  directly involved in the controversy in which such judgment  shall  have
    48  been rendered. It is hereby declared to be the intent of the legislature
    49  that  this  act  would have been enacted even if such invalid provisions
    50  had not been included herein.
    51    § 3. This act shall take effect December  31,  2022.  Effective  imme-
    52  diately, the addition, amendment and/or repeal of any rule or regulation
    53  necessary  for  the implementation of this act on its effective date are
    54  authorized and directed to be made  and  completed  on  or  before  such
    55  effective date.
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