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S08817 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      July 20, 2020
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the environmental conservation law, in relation  to  the
          use of perfluoroalkyl and polyfluoroalkyl substances in food packaging
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 37-0203 of the environmental  conservation  law  is
     2  amended by adding two new subdivisions 5 and 6 to read as follows:
     3    5.  "Food  packaging"  means  a package or packaging component that is
     4  intended for direct food contact and is comprised, in substantial  part,
     5  of  paper,  paperboard, or other materials originally derived from plant
     6  fibers.
     7    6.  "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or   "PFAS
     8  substances"  shall  mean, for the purposes of food packaging, a class of
     9  fluorinated organic chemicals containing at least one fully  fluorinated
    10  carbon atom.
    11    §  2.  Sections  37-0209,  37-0211  and  37-0213  of the environmental
    12  conservation law are renumbered sections 37-0211, 37-0213 and 37-0215.
    13    § 3. The environmental conservation law is amended  by  adding  a  new
    14  section 37-0209 to read as follows:
    15  § 37-0209. Prohibition  on the use of perfluoroalkyl and polyfluoroalkyl
    16               substances in food packaging.
    17    1. No person shall distribute, sell or offer for sale  in  this  state
    18  food  packaging  containing  perfluoroalkyl  and  polyfluoroalkyl (PFAS)
    19  substances as intentionally added chemicals.
    20    2. For purposes of this section, "intentionally added chemical"  shall
    21  have  the  same meaning as subdivision eleven of section 37-0901 of this
    22  article.
    23    § 4. This act shall take effect December  31,  2022.  Effective  imme-
    24  diately, the addition, amendment and/or repeal of any rule or regulation
    25  necessary  for  the implementation of this act on its effective date are
    26  authorized and directed to be made  and  completed  on  or  before  such
    27  effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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