Bill Text: NY A10620 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits the sale of certain products that contain intentionally added PFAS on and after January 1, 2024; 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-07-06 - referred to environmental conservation [A10620 Detail]
Download: New_York-2021-A10620-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10620 IN ASSEMBLY July 6, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zebrowski) -- read once and referred to the Committee on Environmental Conserva- tion 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, or cleaning products, or a 14 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: 20 (a) an intentionally added chemical as defined in subdivision eleven 21 of section 37-0901 of this article; or 22 (b) present in a product or product component at or above the practi- 23 cal quantitation limit, as measured in total organic fluorine. 24 4. "Architectural paint" means interior and exterior architectural 25 coatings; provided, however, that "architectural paint" shall not 26 include industrial, original equipment or specialty coatings. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15175-02-2A. 10620 2 1 5. (a) "Cleaning product" means a finished product that is an air care 2 product, automotive product, general cleaning product, or a polish or 3 floor maintenance product used primarily for janitorial, domestic, or 4 institutional cleaning purposes. 5 (i) "Air care product" means a chemically formulated consumer product 6 labeled to indicate that the purpose of the product is to enhance or 7 condition the indoor environment by eliminating unpleasant odors or 8 freshening the air. 9 (ii) "Automotive product" means a chemically formulated consumer prod- 10 uct labeled to indicate that the purpose of the product is to maintain 11 the appearance of a motor vehicle, as defined in section one hundred 12 twenty-five of the vehicle and traffic law, including products for wash- 13 ing, waxing, polishing, cleaning, or treating the exterior or interior 14 surfaces of motor vehicles. "Automotive product" does not include auto- 15 motive paint or paint repair products. 16 (iii) "General cleaning product" means a soap, detergent, or other 17 chemically formulated consumer product labeled to indicate that the 18 purpose of the product is to clean, disinfect, or otherwise care for 19 fabric, dishes, or other wares; surfaces including, but not limited to, 20 floors, furniture, countertops, showers, and baths; or other hard 21 surfaces, such as stovetops, microwaves, and other appliances. 22 (iv) "Polish or floor maintenance product" means a chemically formu- 23 lated consumer product, such as polish, wax, a stripper, or a restorer, 24 labeled to indicate that the purpose of the product is to polish, 25 protect, buff, condition, temporarily seal, strip, or maintain furni- 26 ture, floors, metal, leather, or other surfaces. 27 (b) "Cleaning product" shall not mean any of the following: 28 (i) Foods, drugs, and cosmetics, including personal care items such as 29 toothpaste, shampoo, and hand soap. 30 (ii) Industrial products specifically manufactured for, and exclusive- 31 ly used in the following: oil and gas production; steel production; 32 heavy industry manufacturing; industrial water treatment; industrial 33 textile maintenance and processing other than industrial laundering; 34 food and beverage processing and packaging; or other industrial manufac- 35 turing processes. 36 6. "Cookware" means durable items that are used in homes, restaurants, 37 institutional, and commercial kitchens to prepare, dispense, or store 38 food, foodstuffs, or beverages for indoor or outdoor use. "Cookware" 39 includes, but is not limited to, pots, pans, skillets, grills, baking 40 sheets, baking molds, trays, bowls, camping gear, and cooking utensils. 41 7. "Fabric treatment" means a substance applied to a fabric for stain, 42 grease, or water resistance. 43 8. "Manufacturer" means any person that manufactures a product or 44 whose brand name is affixed to the product. In the case of a product 45 imported into the United States, "manufacturer" includes the importer or 46 first domestic distributor of the product if the person that manufac- 47 tured or assembled the product or whose brand name is affixed to the 48 product does not have a presence in the United States. 49 9. "Rugs" means any consumer products made from natural or synthetic 50 fabric intended to be used as a floor covering, other than carpets, and 51 includes handmade rugs, area rugs, or mats. 52 10. "Ski wax" means a lubricant applied to the bottom of snow runners, 53 including skis and snowboards, to improve their grip and glide proper- 54 ties. 55 11. "Textile" means any item made in whole or in part from a natural, 56 man-made, or synthetic fiber, yarn, or fabric. Textile includes, but isA. 10620 3 1 not limited to, the following: leather, cotton, silk, jute, hemp, wool, 2 viscose, nylon, or polyester. 3 12. "Textile articles" means non-wearable textile goods, outdoor 4 apparel, footwear, costumes and accessories. 5 (a) "Non-wearable textile goods" means textile goods of a type custom- 6 arily used in households and businesses that are not customarily worn. 7 Textile articles include, but are not limited to, handbags, backpacks, 8 draperies, shower curtains, furnishings, upholstery, beddings, towels, 9 napkins, and tablecloths. For the purposes of this title, textile arti- 10 cles do not include rugs or personal protective equipment. 11 (b) "Outdoor apparel" means textiles goods that are clothing items 12 intended primarily for outdoor activities, including, but not limited 13 to, hiking, camping, skiing, climbing, bicycling, and fishing. 14 (c) "Personal protective equipment" means equipment worn to minimize 15 exposure to hazards that cause serious workplace injuries and illnesses 16 that may result from contact with chemical, radiological, physical, 17 electrical, mechanical, or other workplace hazards. 18 § 37-0403. Prohibition on sale of covered products. 19 1. Commencing on January first, two thousand twenty-four, no person 20 shall distribute, sell, or offer for sale in the state any covered prod- 21 uct that contains regulated perfluoroalkyl and polyfluoroalkyl 22 substances. 23 2. The prohibition on distribution, sale or offer of sale in this 24 title does not apply to the sale or resale of used products. 25 § 37-0405. Required notification. 26 1. A manufacturer of a covered product sold into the state that 27 contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS 28 shall provide persons that offer the product for sale or distribution in 29 the state with a certificate of compliance. The certificate of compli- 30 ance shall provide assurance, at a minimum, that the product does not 31 contain any intentionally added PFAS. Any certificate of compliance 32 provided under this section shall be signed by an authorized official of 33 the manufacturer. 34 2. If regulated perfluoroalkyl or polyfluoroalkyl or PFAS are discov- 35 ered in the covered product after the issuance of the certificate of 36 compliance, the manufacturer shall recall the covered product and reim- 37 burse the distributor or retailer for the covered product. 38 § 37-0407. Violations. 39 1. A violation of any of the provisions of this title or any rule or 40 regulation promulgated pursuant thereto shall be punishable in the case 41 of a first violation, by a civil penalty not to exceed ten thousand 42 dollars. In the case of a second and any further violation, the liabil- 43 ity shall be for a civil penalty not to exceed twenty-five thousand 44 dollars for each violation. 45 2. If the department has reason to believe that a covered product 46 contains regulated perfluoroalkyl and polyfluoroalkyl substances and is 47 being distributed, sold, or offered for sale in violation of this 48 section, the department shall direct the manufacturer of the covered 49 product to, within thirty days: 50 (a) provide the department with independent, third-party laboratory 51 test results demonstrating that the covered product does not contain 52 regulated PFAS; or 53 (b) notify persons who sell that covered product in this state that 54 the sale of that covered product is prohibited in this state and provide 55 the department with a list of the names and addresses of those notified.A. 10620 4 1 3. A distributor or retailer of a product, who is not also the 2 manufacturer of the product, shall not be held in violation of this 3 title if it can show that he or she relied in good faith on the certif- 4 icate of compliance provided for in subdivision one of section 37-0405 5 of this title or the retailer received a notification pursuant to subdi- 6 vision two of this section. 7 4. The department shall make information about any citation issued 8 pursuant to this section available to the public on its internet 9 website. 10 § 2. This act shall take effect immediately.
