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 intentionally added PFAS on and after January 1, 2026; 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: (Introduced) 2024-03-07 - PRINT NUMBER 5648C [S05648 Detail]

Download: New_York-2023-S05648-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5648--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 10, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN-SIGAL,  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

        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 or clean-
    14  ing products, 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:
    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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04738-03-3
        S. 5648--A                          2

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

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

     1    (b)  notify persons who sell that covered product in this  state  that
     2  the sale of that covered product is prohibited in this state and provide
     3  the department with a list of the names and addresses of those notified.
     4    3.  A  distributor  or  retailer  of  a  product,  who is not also the
     5  manufacturer of the product, shall not be  held  in  violation  of  this
     6  title  if it can show that he or she relied in good faith on the certif-
     7  icate of compliance provided for in subdivision one of  section  37-0405
     8  of this title or the retailer received a notification pursuant to subdi-
     9  vision two of this section.
    10    4.  The  department  shall  make information about any citation issued
    11  pursuant to this  section  available  to  the  public  on  its  internet
    12  website.
    13    § 2.  This act shall take effect immediately.