Bill Text: NY A01430 | 2025-2026 | General Assembly | Introduced

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Bill Title: Prohibits the sale of medical adhesives and bandages containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced) 2025-01-09 - referred to environmental conservation [A01430 Detail]

Download: New_York-2025-A01430-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1430

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2025
                                       ___________

        Introduced  by  M.  of  A.  FORREST,  RAMOS,  BURDICK,  DAVILA,  COLTON,
          R. CARROLL, ZACCARO, LEVENBERG, GIBBS, KELLES, OTIS, JACKSON,  SAYEGH,
          CLARK,  SHIMSKY,  TAPIA,  BORES, COOK, STECK, BEEPHAN -- 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  medical  adhesives and bandages 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.  The environmental conservation law is amended by adding a
     2  new section 37-0123 to read as follows:
     3  § 37-0123. Prohibitions against the sale of medical adhesives and  band-
     4               ages    containing   perfluoroalkyl   and   polyfluoroalkyl
     5               substances.
     6    1. For the purposes of this section, the following  terms  shall  have
     7  the following meanings:
     8    (a)  "Medical  adhesives  and bandages" means any product intended for
     9  medical purposes that consists of a strip of fabric material or plastic,
    10  coated on one or more sides with an adhesive, and may include a  pad  of
    11  surgical dressing, and is used to cover and protect wounds, hold togeth-
    12  er  the  skin  edges of a wound, support an injured part of the body, or
    13  secure objects to the skin.
    14    (b) "Intentionally added chemical" means a chemical in a product  that
    15  serves  an intended function or technical effect in the product or prod-
    16  uct component, including the PFAS within intentionally  added  chemicals
    17  and  PFAS  that  are intentional breakdown products of an added chemical
    18  that also have a functional or technical effect in the product or  prod-
    19  uct component.
    20    (c)  "Manufacturer"  means a person, firm, association, partnership or
    21  corporation:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03943-01-5
        A. 1430                             2

     1    (i) that makes or whose brand name is affixed to medical adhesives and
     2  bandages; or
     3    (ii)  in the case of medical adhesives and bandages that were imported
     4  into the United States,  "manufacturer"  means  the  importer  or  first
     5  domestic distributor of such medical adhesives and bandages if no person
     6  who  is  a  manufacturer  within the meaning of subparagraph (i) of this
     7  paragraph has a presence in the United States.
     8    (d)  "Perfluoroalkyl  and   polyfluoroalkyl   substances"   or   "PFAS
     9  substances"  mean a class of fluorinated organic chemicals containing at
    10  least one fully fluorinated carbon atom.
    11    2. No person shall sell or offer for sale in this  state  any  medical
    12  adhesives  and  bandages  containing  perfluoroalkyl and polyfluoroalkyl
    13  substances as intentionally added chemicals.
    14    3. No person that sells or offers for sale any medical  adhesives  and
    15  bandages  shall be held in violation of this title if they can show that
    16  they relied in good faith on the written assurance of  the  manufacturer
    17  of  such product that such product met the requirements of this section.
    18  Such written assurance shall take the form of a certificate  of  compli-
    19  ance stating that such product is in compliance with the requirements of
    20  this  section.  The  certificate  of  compliance  shall  be signed by an
    21  authorized official of the manufacturer.
    22    4. In addition to any  other  applicable  penalties,  it  shall  be  a
    23  violation  of this section to provide a certificate of compliance pursu-
    24  ant to subdivision three of this section  when  the  applicable  medical
    25  adhesives  and  bandages do not satisfy the prohibitions on the presence
    26  of perfluoroalkyl and polyfluoroalkyl substances set forth  in  subdivi-
    27  sion two of this section.
    28    §  2. Section 71-3703 of the environmental conservation law is amended
    29  by adding a new subdivision 8 to read as follows:
    30    8. Any person who violates any of the provisions of, or who  fails  to
    31  perform any duty imposed by, section 37-0123 of this chapter or any rule
    32  or  regulation promulgated pursuant thereto, shall be liable for a civil
    33  penalty not to exceed one thousand dollars for  each  day  during  which
    34  such  violation  continues,  and in addition thereto, such person may be
    35  enjoined from continuing such violation. Such person shall for a  second
    36  violation  be  liable to the people of the state for a civil penalty not
    37  to exceed two thousand five hundred dollars for each  day  during  which
    38  such violation continues.
    39    §  3.  This  act  shall take effect December 31, 2026. Effective imme-
    40  diately, the addition, amendment and/or repeal of any rule or regulation
    41  necessary for the implementation of this act on its effective  date  are
    42  authorized  and  directed  to  be  made  and completed on or before such
    43  effective date.