Bill Text: NY S05648 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the sale of certain products that contain regulated perfluoroalkyl and polyfluoroalkyl substances; 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.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Engrossed) 2024-06-06 - referred to codes [S05648 Detail]

Download: New_York-2023-S05648-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5648--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 10, 2023
                                       ___________

        Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, HARCKHAM, KRUEGER,
          RIVERA, SKOUFIS -- read twice and ordered printed, and when printed to
          be committed to the Committee on Environmental Conservation -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee -- recommitted to the Committee  on  Environ-
          mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        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
     4      PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
     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, children's products, cleaning
    14  products, anti-fogging sprays and wipes, or a 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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04738-05-4
        S. 5648--B                          2

     1    (a)  an  intentionally added chemical as defined in subdivision eleven
     2  of section 37-0901 of this article; or
     3    (b)  present in a product or product component at or above the practi-
     4  cal quantitation limit, as measured in total organic fluorine.
     5    4. "Architectural paint" means  interior  and  exterior  architectural
     6  coatings;  provided,  however,  that  "architectural  paint"  shall  not
     7  include industrial, original equipment or specialty coatings.
     8    5. "Children's products" means a product as defined in section 37-0901
     9  of this article.
    10    6. (a) "Cleaning product" means a finished product that is an air care
    11  product, automotive product, general cleaning product, or  a  polish  or
    12  floor  maintenance  product  used primarily for janitorial, domestic, or
    13  institutional cleaning purposes.
    14    (i) "Air care product" means a chemically formulated consumer  product
    15  labeled  to  indicate  that  the purpose of the product is to enhance or
    16  condition the indoor environment  by  eliminating  unpleasant  odors  or
    17  freshening the air.
    18    (ii) "Automotive product" means a chemically formulated consumer prod-
    19  uct  labeled  to indicate that the purpose of the product is to maintain
    20  the appearance of a motor vehicle, as defined  in  section  one  hundred
    21  twenty-five of the vehicle and traffic law, including products for wash-
    22  ing,  waxing,  polishing, cleaning, or treating the exterior or interior
    23  surfaces of motor vehicles. "Automotive product" does not include  auto-
    24  motive paint or paint repair products.
    25    (iii)  "General  cleaning  product"  means a soap, detergent, or other
    26  chemically formulated consumer product  labeled  to  indicate  that  the
    27  purpose  of  the  product  is to clean, disinfect, or otherwise care for
    28  fabric, dishes, or other wares; surfaces including, but not limited  to,
    29  floors,  furniture,  countertops,  showers,  and  baths;  or  other hard
    30  surfaces, such as stovetops, microwaves, and other appliances.
    31    (iv) "Polish or floor maintenance product" means a  chemically  formu-
    32  lated  consumer product, such as polish, wax, a stripper, or a restorer,
    33  labeled to indicate that the  purpose  of  the  product  is  to  polish,
    34  protect,  buff,  condition,  temporarily seal, strip, or maintain furni-
    35  ture, floors, metal, leather, or other surfaces.
    36    (b) "Cleaning product" shall not mean any of the following:
    37    (i) Foods, drugs, and cosmetics, including personal care items such as
    38  toothpaste, shampoo, and hand soap.
    39    (ii) Industrial products specifically manufactured for, and exclusive-
    40  ly used in the following: oil  and  gas  production;  steel  production;
    41  heavy  industry  manufacturing;  industrial  water treatment; industrial
    42  textile maintenance and processing  other  than  industrial  laundering;
    43  food and beverage processing and packaging; or other industrial manufac-
    44  turing processes.
    45    7. "Cookware" means durable items that are used in homes, restaurants,
    46  institutional,  and  commercial  kitchens to prepare, dispense, or store
    47  food, foodstuffs, or beverages for indoor  or  outdoor  use.  "Cookware"
    48  includes,  but  is  not limited to, pots, pans, skillets, grills, baking
    49  sheets, baking molds, trays, bowls, camping gear, and cooking utensils.
    50    8. "Fabric treatment" means a substance applied to a fabric for stain,
    51  grease, or water resistance.
    52    9. "Manufacturer" means any person  that  manufactures  a  product  or
    53  whose  brand  name  is  affixed to the product. In the case of a product
    54  imported into the United States, "manufacturer" includes the importer or
    55  first domestic distributor of the product if the  person  that  manufac-
        S. 5648--B                          3

     1  tured  or  assembled  the  product or whose brand name is affixed to the
     2  product does not have a presence in the United States.
     3    10.  "Rugs" means any consumer products made from natural or synthetic
     4  fabric intended to be used as a floor covering, other than carpets,  and
     5  includes handmade rugs, area rugs, or mats.
     6    11. "Ski wax" means a lubricant applied to the bottom of snow runners,
     7  including  skis  and snowboards, to improve their grip and glide proper-
     8  ties.
     9    12. "Textile" means any item made in whole or in part from a  natural,
    10  man-made, or synthetic fiber, yarn, or fabric.  Textile includes, but is
    11  not  limited to, the following: leather, cotton, silk, jute, hemp, wool,
    12  viscose, nylon, or polyester.   "Textile" does  not  include  single-use
    13  paper  hygiene  products,  including,  but not limited to, toilet paper,
    14  paper towels or tissues, or single-use absorbent hygiene  products.  For
    15  the  purposes  of  this  subdivision,  "single-use" means conventionally
    16  disposed of after a single use or not sufficiently durable  or  washable
    17  to be, or not intended to be, reusable or refillable.
    18    13.  "Textile  articles"  means  non-wearable textile goods, footwear,
    19  costumes and accessories.  For the purposes of this title, textile arti-
    20  cles do not include rugs or personal protective equipment.
    21    14. "Non-wearable textile goods" means textile goods of a type custom-
    22  arily used in households and businesses that are not  customarily  worn.
    23  Textile  articles  include, but are not limited to, handbags, backpacks,
    24  draperies, shower curtains, furnishings, upholstery,  beddings,  towels,
    25  napkins, and tablecloths.
    26    15.  "Anti-fogging  sprays  and  wipes" means_any_product, including_a
    27  spray, cloth, wipe or  other  material,  that  is  intended  to  prevent
    28  condensation on eyeglasses.
    29  § 37-0403. Prohibition on sale of covered products.
    30    1.  Commencing  on  January  first, two thousand twenty-six, no person
    31  shall distribute, sell, or offer for sale in the state any covered prod-
    32  uct  that  contains   regulated   perfluoroalkyl   and   polyfluoroalkyl
    33  substances.
    34    2.  The  prohibition  on  distribution,  sale or offer of sale in this
    35  title does not apply to the sale or resale of used products.
    36  § 37-0405. Required notification.
    37    1. A manufacturer of a covered  product  sold  into  the  state  shall
    38  provide  persons  that offer the product for sale or distribution in the
    39  state with a certificate of compliance. The  certificate  of  compliance
    40  shall provide assurance, at a minimum, that the product does not contain
    41  any  intentionally  added  PFAS.  Any certificate of compliance provided
    42  under this section shall be signed by  an  authorized  official  of  the
    43  manufacturer.
    44    2.  If regulated perfluoroalkyl or polyfluoroalkyl or PFAS are discov-
    45  ered in the covered product after the issuance  of  the  certificate  of
    46  compliance,  the manufacturer shall recall the covered product and reim-
    47  burse the distributor or retailer for the covered product.
    48  § 37-0407. Violations.
    49    1.  A violation of any of the provisions of this title or any rule  or
    50  regulation  promulgated pursuant thereto shall be punishable in the case
    51  of a first violation, by a civil penalty  not  to  exceed  ten  thousand
    52  dollars.  In the case of a second and any further violation, the liabil-
    53  ity shall be for a civil penalty  not  to  exceed  twenty-five  thousand
    54  dollars for each violation.
    55    2.    If  the  department has reason to believe that a covered product
    56  contains regulated perfluoroalkyl and polyfluoroalkyl substances and  is
        S. 5648--B                          4

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