Bill Text: NY A10184 | 2023-2024 | 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: Partisan Bill (Democrat 22-1)

Status: (Introduced) 2024-05-10 - referred to environmental conservation [A10184 Detail]

Download: New_York-2023-A10184-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10184

                   IN ASSEMBLY

                                      May 10, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Forrest) --
          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 37-0124 to read as follows:
     3  § 37-0124. 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:
    22    (i) that makes or whose brand name is affixed to medical adhesives and
    23  bandages; or
    24    (ii) in the case of medical adhesives and bandages that were  imported
    25  into  the  United  States,  "manufacturer"  means  the importer or first
    26  domestic distributor of such medical adhesives and bandages if no person

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15331-01-4
        A. 10184                            2

     1  who is a manufacturer within the meaning of  subparagraph  (i)  of  this
     2  paragraph has a presence in the United States.
     3    (d)   "Perfluoroalkyl   and   polyfluoroalkyl   substances"  or  "PFAS
     4  substances" mean a class of fluorinated organic chemicals containing  at
     5  least one fully fluorinated carbon atom.
     6    2.  No  person  shall sell or offer for sale in this state any medical
     7  adhesives and bandages  containing  perfluoroalkyl  and  polyfluoroalkyl
     8  substances as intentionally added chemicals.
     9    3.  No  person that sells or offers for sale any medical adhesives and
    10  bandages shall be held in violation of this title if they can show  that
    11  they  relied  in good faith on the written assurance of the manufacturer
    12  of such product that such product met the requirements of this  section.
    13  Such  written  assurance shall take the form of a certificate of compli-
    14  ance stating that such product is in compliance with the requirements of
    15  this section. The certificate  of  compliance  shall  be  signed  by  an
    16  authorized official of the manufacturer.
    17    4.  In  addition  to  any  other  applicable  penalties, it shall be a
    18  violation of this section to provide a certificate of compliance  pursu-
    19  ant  to  subdivision  three  of this section when the applicable medical
    20  adhesives and bandages do not satisfy the prohibitions on  the  presence
    21  of  perfluoroalkyl  and polyfluoroalkyl substances set forth in subdivi-
    22  sion two of this section.
    23    § 2. Section 71-3703 of the environmental conservation law is  amended
    24  by adding a new subdivision 8 to read as follows:
    25    8.  Any  person who violates any of the provisions of, or who fails to
    26  perform any duty imposed by, section 37-0124 of this chapter or any rule
    27  or regulation promulgated pursuant thereto, shall be liable for a  civil
    28  penalty  not  to  exceed  one thousand dollars for each day during which
    29  such violation continues, and in addition thereto, such  person  may  be
    30  enjoined  from continuing such violation. Such person shall for a second
    31  violation be liable to the people of the state for a civil  penalty  not
    32  to  exceed  two  thousand five hundred dollars for each day during which
    33  such violation continues.
    34    § 3. This act shall take effect December  31,  2025.  Effective  imme-
    35  diately, the addition, amendment and/or repeal of any rule or regulation
    36  necessary  for  the implementation of this act on its effective date are
    37  authorized and directed to be made  and  completed  on  or  before  such
    38  effective date.