Bill Text: NY S08188 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits the sale and distribution of anti-fogging sprays and wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-01 - REFERRED TO ENVIRONMENTAL CONSERVATION [S08188 Detail]
Download: New_York-2021-S08188-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8188 IN SENATE February 1, 2022 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting the sale and distribution of anti-fogging sprays and wipes 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. Article 37 of the environmental conservation law is amended 2 by adding a new title 11 to read as follows: 3 TITLE 11 4 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES 5 Section 37-1101. Definitions. 6 37-1103. Applicability. 7 37-1105. Prohibition on the sale and distribution of anti-fog- 8 ging sprays and wipes containing perfluoroalkyl and 9 polyfluoroalkyl substances. 10 37-1107. Product labeling. 11 37-1109. Preemption. 12 37-1111. Rules and regulations. 13 37-11113. Violations. 14 § 37-1101. Definitions. 15 As used in this title: 16 1. "Anti-fogging sprays and wipes" means any product, including a 17 spray, cloth, wipe or other material, that is intended to prevent 18 condensation on eyeglasses. 19 2. "Distributor" means a person, firm, association, partnership or 20 corporation, who or which imports or causes to be imported into the 21 state, any product containing PFAS substances. 22 3. "Intentionally added chemical" shall have the same meaning as 23 subdivision eleven of section 37-0901 of this article. 24 4. "Manufacturer" means a person, firm, association, partnership or 25 corporation, who or which makes products containing PFAS substances. 26 5. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS 27 substances" means a class of fluorinated organic chemicals containing at 28 least one fully fluorinated carbon atom. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14411-02-2S. 8188 2 1 6. "Person" means a natural person, corporation, company, partnership, 2 trust or association. 3 § 37-1103. Applicability. 4 The provisions of this title shall apply to the distribution, sale, 5 offer for sale or offer for distribution of products containing perfluo- 6 roalkyl and polyfluoroalkyl substances on or after the effective date of 7 this title. 8 § 37-1105. Prohibition on the sale and distribution of anti-fogging 9 sprays and wipes containing perfluoroalkyl and polyfluoro- 10 alkyl substances. 11 No person shall distribute, sell, offer for sale or offer for distrib- 12 ution in this state anti-fogging sprays and wipes containing perfluoro- 13 alkyl and polyfluoroalkyl substances as intentionally added chemicals. 14 § 37-1107. Product labeling. 15 The commissioner may authorize product labeling of products that do 16 not contain perfluoroalkyl and polyfluoroalkyl substances regulated 17 pursuant to the provisions of this title. The label on such products may 18 prominently state "perfluoroalkyl and polyfluoroalkyl-free" or 19 "PFAS-Free" to inform consumers that the product does not contain 20 perfluoroalkyl and polyfluoroalkyl substances. 21 § 37-1109. Preemption. 22 To the extent not inconsistent with federal law, jurisdiction in all 23 matters pertaining to products containing perfluoroalkyl and polyfluoro- 24 alkyl substances which are regulated pursuant to the provisions of this 25 title shall be vested exclusively in the state. 26 § 37-1111. Rules and regulations. 27 The commissioner shall have the power to adopt rules and regulations 28 to provide for the effective application and enforcement of this title. 29 § 37-1113. Violations. 30 1. A violation of any of the provisions of this title or of any rule 31 or regulation promulgated pursuant thereto shall be punishable in the 32 case of a first violation, by a civil penalty not to exceed ten thousand 33 dollars. In the case of a second and any further violation, the liabil- 34 ity shall be for a civil penalty not to exceed twenty-five thousand 35 dollars for each violation. 36 2. No person shall be held in violation of this title if such person 37 can show that, in the purchase of a product from a manufacturer or 38 distributor, such person relied in good faith on the written assurance 39 of the manufacturer or distributor of such product that such product met 40 the requirements of this title. Such written assurance shall take such 41 form as shall be prescribed by the department by regulation. 42 § 2. Severability. If any clause, sentence, paragraph, subdivision or 43 section of this act shall be adjudged by any court of competent juris- 44 diction to be invalid, such judgment shall not affect, impair, or inval- 45 idate the remainder thereof, but shall be confined in its operation to 46 the clause, sentence, paragraph, subdivision, section or part thereof 47 directly involved in the controversy in which such judgment shall have 48 been rendered. It is hereby declared to be the intent of the legislature 49 that this act would have been enacted even if such invalid provisions 50 had not been included herein. 51 § 3. This act shall take effect December 31, 2022. Effective imme- 52 diately, the addition, amendment and/or repeal of any rule or regulation 53 necessary for the implementation of this act on its effective date are 54 authorized and directed to be made and completed on or before such 55 effective date.