Bill Text: NY S05648 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2024-06-06 - referred to codes [S05648 Detail]
Download: New_York-2023-S05648-Amended.html
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 - Dead) 2024-06-06 - referred to codes [S05648 Detail]
Download: New_York-2023-S05648-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5648--C 2023-2024 Regular Sessions IN SENATE March 10, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, HARCKHAM, KRUEGER, MAY, RIVERA, ROLISON, SERRANO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Environ- mental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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, dental floss, or a component 15 thereof. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04738-07-4S. 5648--C 2 1 2. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a 2 class of fluorinated organic chemicals containing at least one fully 3 fluorinated carbon atom. 4 3. "Regulated perfluoroalkyl and polyfluoroalkyl substances" or "regu- 5 lated PFAS" means PFAS that are: 6 (a) an intentionally added chemical as defined in subdivision eleven 7 of section 37-0901 of this article; or 8 (b) present in a product or product component at or above the practi- 9 cal quantitation limit, as measured in total organic fluorine. 10 4. "Architectural paint" means interior and exterior architectural 11 coatings; provided, however, that "architectural paint" shall not 12 include industrial, original equipment or specialty coatings. 13 5. "Children's products" means a product as defined in section 37-0901 14 of this article. 15 6. (a) "Cleaning product" means a finished product that is an air care 16 product, automotive product, general cleaning product, or a polish or 17 floor maintenance product used primarily for janitorial, domestic, or 18 institutional cleaning purposes. 19 (i) "Air care product" means a chemically formulated consumer product 20 labeled to indicate that the purpose of the product is to enhance or 21 condition the indoor environment by eliminating unpleasant odors or 22 freshening the air. 23 (ii) "Automotive product" means a chemically formulated consumer prod- 24 uct labeled to indicate that the purpose of the product is to maintain 25 the appearance of a motor vehicle, as defined in section one hundred 26 twenty-five of the vehicle and traffic law, including products for wash- 27 ing, waxing, polishing, cleaning, or treating the exterior or interior 28 surfaces of motor vehicles. "Automotive product" does not include auto- 29 motive paint or paint repair products. 30 (iii) "General cleaning product" means a soap, detergent, or other 31 chemically formulated consumer product labeled to indicate that the 32 purpose of the product is to clean, disinfect, or otherwise care for 33 fabric, dishes, or other wares; surfaces including, but not limited to, 34 floors, furniture, countertops, showers, and baths; or other hard 35 surfaces, such as stovetops, microwaves, and other appliances. 36 (iv) "Polish or floor maintenance product" means a chemically formu- 37 lated consumer product, such as polish, wax, a stripper, or a restorer, 38 labeled to indicate that the purpose of the product is to polish, 39 protect, buff, condition, temporarily seal, strip, or maintain furni- 40 ture, floors, metal, leather, or other surfaces. 41 (b) "Cleaning product" shall not mean any of the following: 42 (i) Foods, drugs, and cosmetics, including personal care items such as 43 toothpaste, shampoo, and hand soap. 44 (ii) Industrial products specifically manufactured for, and exclusive- 45 ly used in the following: oil and gas production; steel production; 46 heavy industry manufacturing; industrial water treatment; industrial 47 textile maintenance and processing other than industrial laundering; 48 food and beverage processing and packaging; or other industrial manufac- 49 turing processes. 50 7. "Cookware" means durable items that are used in homes, restaurants, 51 institutional, and commercial kitchens to prepare, dispense, or store 52 food, foodstuffs, or beverages for indoor or outdoor use. "Cookware" 53 includes, but is not limited to, pots, pans, skillets, grills, baking 54 sheets, baking molds, trays, bowls, camping gear, and cooking utensils. 55 8. "Fabric treatment" means a substance applied to a fabric for stain, 56 grease, or water resistance.S. 5648--C 3 1 9. "Manufacturer" means any person that manufactures a product or 2 whose brand name is affixed to the product. In the case of a product 3 imported into the United States, "manufacturer" includes the importer or 4 first domestic distributor of the product if the person that manufac- 5 tured or assembled the product or whose brand name is affixed to the 6 product does not have a presence in the United States. 7 10. "Rugs" means any consumer products made from natural or synthetic 8 fabric intended to be used as a floor covering, other than carpets, and 9 includes handmade rugs, area rugs, or mats. 10 11. "Ski wax" means a lubricant applied to the bottom of snow runners, 11 including skis and snowboards, to improve their grip and glide proper- 12 ties. 13 12. "Textile" means any item made in whole or in part from a natural, 14 man-made, or synthetic fiber, yarn, or fabric. Textile includes, but is 15 not limited to, the following: leather, cotton, silk, jute, hemp, wool, 16 viscose, nylon, or polyester. "Textile" does not include single-use 17 paper hygiene products, including, but not limited to, toilet paper, 18 paper towels or tissues, or single-use absorbent hygiene products. For 19 the purposes of this subdivision, "single-use" means conventionally 20 disposed of after a single use or not sufficiently durable or washable 21 to be, or not intended to be, reusable or refillable. 22 13. "Textile articles" means non-wearable textile goods, footwear, 23 costumes and accessories. For the purposes of this title, textile arti- 24 cles do not include rugs or personal protective equipment. 25 14. "Non-wearable textile goods" means textile goods of a type custom- 26 arily used in households and businesses that are not customarily worn. 27 Textile articles include, but are not limited to, handbags, backpacks, 28 draperies, shower curtains, furnishings, upholstery, beddings, towels, 29 napkins, and tablecloths. 30 15. "Anti-fogging sprays and wipes" means_any_product, including_a 31 spray, cloth, wipe or other material, that is intended to prevent 32 condensation on eyeglasses. 33 16. "Dental floss" means a thread, cord, string or similar material 34 that is used for cleaning between teeth. Dental floss includes floss 35 picks and other flossing tools. 36 § 37-0403. Prohibition on sale of covered products. 37 1. Commencing on January first, two thousand twenty-six, no person 38 shall distribute, sell, or offer for sale in the state any covered prod- 39 uct that contains regulated perfluoroalkyl and polyfluoroalkyl 40 substances. 41 2. The prohibition on distribution, sale or offer of sale in this 42 title does not apply to the sale or resale of used products. 43 § 37-0405. Required notification. 44 1. A manufacturer of a covered product sold into the state shall 45 provide persons that offer the product for sale or distribution in the 46 state with a certificate of compliance. The certificate of compliance 47 shall provide assurance, at a minimum, that the product does not contain 48 any intentionally added PFAS. Any certificate of compliance provided 49 under this section shall be signed by an authorized official of the 50 manufacturer. 51 2. If regulated perfluoroalkyl or polyfluoroalkyl or PFAS are discov- 52 ered in the covered product after the issuance of the certificate of 53 compliance, the manufacturer shall recall the covered product and reim- 54 burse the distributor or retailer for the covered product. 55 § 37-0407. Violations.S. 5648--C 4 1 1. A violation of any of the provisions of this title or any rule or 2 regulation promulgated pursuant thereto shall be punishable in the case 3 of a first violation, by a civil penalty not to exceed ten thousand 4 dollars. In the case of a second and any further violation, the liabil- 5 ity shall be for a civil penalty not to exceed twenty-five thousand 6 dollars for each violation. 7 2. If the department has reason to believe that a covered product 8 contains regulated perfluoroalkyl and polyfluoroalkyl substances and is 9 being distributed, sold, or offered for sale in violation of this 10 section, the department shall direct the manufacturer of the covered 11 product to, within thirty days: 12 (a) provide the department with independent, third-party laboratory 13 test results demonstrating that the covered product does not contain 14 regulated PFAS; or 15 (b) notify persons who sell that covered product in this state that 16 the sale of that covered product is prohibited in this state and provide 17 the department with a list of the names and addresses of those notified. 18 3. A distributor or retailer of a product, who is not also the 19 manufacturer of the product, shall not be held in violation of this 20 title if it can show that he or she relied in good faith on the certif- 21 icate of compliance provided for in subdivision one of section 37-0405 22 of this title or the retailer received a notification pursuant to subdi- 23 vision two of this section. 24 4. The department shall make information about any citation issued 25 pursuant to this section available to the public on its internet 26 website. 27 § 2. This act shall take effect immediately.
