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.
STATE OF NEW YORK
________________________________________________________________________
3556--E
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. ZEBROWSKI, LEVENBERG, REYES, EACHUS, LUNSFORD,
COLTON, STECK, SHIMSKY, SIMON, LEE, SIMONE, GUNTHER, PRETLOW, CLARK,
SEAWRIGHT, CUNNINGHAM, KELLES, O'DONNELL, MAMDANI, BURDICK, THIELE,
LUPARDO, DINOWITZ, GALLAGHER, McDONALD, McMAHON, FAHY, EPSTEIN,
L. ROSENTHAL, SHRESTHA, BICHOTTE HERMELYN, DAVILA, MEEKS, LAVINE,
HEVESI, OTIS, JACOBSON, SILLITTI -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Environmental Conservation in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Codes -- reported and referred to the Committee on
Rules -- Rules Committee discharged, bill amended, ordered reprinted
as amended and recommitted to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of certain products that contain regulated
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 37-0123 to read as follows:
3 § 37-0123. Prohibition against the sale of perfluoroalkyl and polyfluo-
4 roalkyl substances in consumer and household products.
5 1. For purposes of this section, the following terms have the follow-
6 ing definitions:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04738-19-4
A. 3556--E 2
1 (a) "Covered product" means textile articles, rugs, fabric treatments,
2 ski waxes, architectural paints, cleaning products, dental floss, or a
3 component thereof.
4 (b) "Regulated perfluoroalkyl and polyfluoroalkyl substances" or
5 "regulated PFAS" means PFAS that are any of the following:
6 (i) an intentionally added chemical as defined in subdivision four of
7 section 37-0121 of this title; or
8 (ii) present in a product or product component at or above a level
9 that the department shall establish by regulation, as measured in total
10 organic fluorine, that is the lowest level that can feasibly be
11 achieved; provided, however, that the department shall review such level
12 at least every five years to determine whether it should be lowered.
13 (c) "Architectural paint" means interior and exterior architectural
14 coatings; provided, however, that "architectural paint" shall not
15 include industrial, original equipment or specialty coatings.
16 (d) "Cleaning product" means a finished product that is an air care
17 product, automotive product, general cleaning product, or a polish or
18 floor maintenance product used primarily for janitorial, domestic, or
19 institutional cleaning purposes. "Cleaning product" shall not mean any
20 of the following:
21 (i) foods, drugs, cosmetics and personal care products as defined in
22 section 37-0117 of this title; or
23 (ii) industrial products specifically manufactured for, and exclusive-
24 ly used in the following: oil and gas production; steel production;
25 heavy industry manufacturing; industrial water treatment; industrial
26 textile maintenance and processing other than industrial laundering;
27 food and beverage processing and packaging; or other industrial manufac-
28 turing processes.
29 (e) "Air care product" means a chemically formulated consumer product
30 labeled to indicate that the purpose of the product is to enhance or
31 condition the indoor environment by eliminating unpleasant odors or
32 freshening the air.
33 (f) "Automotive product" means a chemically formulated consumer prod-
34 uct labeled to indicate that the purpose of the product is to maintain
35 the appearance of a motor vehicle, as defined in section one hundred
36 twenty-five of the vehicle and traffic law, including products for wash-
37 ing, waxing, polishing, cleaning, or treating the exterior or interior
38 surfaces of motor vehicles. "Automotive product" does not include auto-
39 motive paint or paint repair products.
40 (g) "General cleaning product" means a soap, detergent, or other chem-
41 ically formulated consumer product labeled to indicate that the purpose
42 of the product is to clean, disinfect, or otherwise care for fabric,
43 dishes, or other wares; surfaces including, but not limited to, floors,
44 furniture, countertops, showers, and baths; or other hard surfaces, such
45 as stovetops, microwaves, and other appliances.
46 (h) "Polish or floor maintenance product" means a chemically formu-
47 lated consumer product, such as polish, wax, a stripper, or a restorer,
48 labeled to indicate that the purpose of the product is to polish,
49 protect, buff, condition, temporarily seal, strip, or maintain furni-
50 ture, floors, metal, leather, or other surfaces.
51 (i) "Fabric treatment" means a substance applied to a fabric for
52 stain, grease, or water resistance.
53 (j) "Manufacturer" means a person, firm, association, partnership or
54 corporation:
55 (i) that produces or manufactures a covered product or whose brand
56 name is affixed to the covered product; or
A. 3556--E 3
1 (ii) in the case of a covered product imported into the United States,
2 "manufacturer" means the importer or first domestic distributor of the
3 product if the person that manufactured or assembled the covered product
4 or whose brand name is affixed to the product does not have a presence
5 in the United States.
6 (k) "Rugs" means any consumer products made from natural or synthetic
7 fabric intended to be used as a floor covering, other than carpets, and
8 includes handmade rugs, area rugs, or mats. "Rug" does not include a
9 rug or mat intended solely for use inside: (i) a motor vehicle, as
10 defined by section one hundred twenty-five of the vehicle and traffic
11 law; (ii) a vessel, as defined by section two of the navigation law; or
12 (iii) an aircraft, as defined by section two hundred and forty of the
13 general business law.
14 (l) "Ski wax" means a lubricant applied to the bottom of snow runners,
15 including skis and snowboards, to improve their grip and glide proper-
16 ties.
17 (m) "Textile" means any item made in whole or in part from a natural,
18 man-made, or synthetic fiber, yarn, or fabric. Textile includes, but is
19 not limited to, the following: leather, cotton, silk, jute, hemp, wool,
20 viscose, nylon, or polyester. "Textile" does not include single-use
21 paper hygiene products, including, but not limited to, toilet paper,
22 paper towels or tissues, or single-use absorbent hygiene products. For
23 the purposes of this subdivision, "single-use" means conventionally
24 disposed of after a single use or not sufficiently durable or washable
25 to be, or not intended to be, reusable or refillable.
26 (n) "Textile articles" means textile goods customarily used in house-
27 holds and businesses including, but not limited to, handbags, luggage,
28 backpacks, footwear, costumes and accessories, draperies, shower
29 curtains, furnishings, upholstery, beddings, towels, napkins, and table-
30 cloths. For the purposes of this section, "textile article" does not
31 include (i) rugs; (ii) personal protective equipment, including for
32 medical purposes; (iii) items covered by section 37-0121 of this arti-
33 cle; or (iv) any textile good intended solely for use inside: (A) a
34 motor vehicle, as defined by section one hundred twenty-five of the
35 vehicle and traffic law; (B) a vessel, as defined by section two of the
36 navigation law; (C) an aircraft, as defined by section two hundred and
37 forty of the general business law; or (D) textile articles used for
38 laboratory analysis and testing.
39 (o) "Dental floss" means a thread, cord, string or similar material
40 that is used for cleaning between teeth. Dental floss includes floss
41 picks and other flossing tools.
42 2. (a) No person shall sell or offer for sale in the state any covered
43 product that contains regulated perfluoroalkyl and polyfluoroalkyl
44 substances pursuant to subparagraph (i) of paragraph (b) of subdivision
45 one of this section.
46 (b) Commencing on January first, two thousand twenty-seven, no person
47 shall sell or offer for sale in the state any covered product that
48 contains regulated perfluoroalkyl and polyfluoroalkyl substances pursu-
49 ant to subparagraph (ii) of paragraph (b) of subdivision one of this
50 section.
51 (c) The prohibition, sale or offer of sale under this section does not
52 apply to the sale or resale of used products.
53 3. (a) A manufacturer of a covered product sold into the state shall
54 provide persons that offer the product for sale in the state with a
55 certificate of compliance. The certificate of compliance shall provide
56 assurance, at a minimum, that the product does not contain any regulated
A. 3556--E 4
1 PFAS. Any certificate of compliance provided under this paragraph shall
2 be signed by an authorized official of the manufacturer.
3 (b) In addition to any other applicable penalties, it shall be a
4 violation of this section to provide a certificate of compliance under
5 paragraph (a) of this subdivision when a product is knowingly in
6 violation of the requirements of this section.
7 4. If the department has reason to believe that a covered product
8 contains regulated perfluoroalkyl and polyfluoroalkyl substances and is
9 being sold or offered for sale in violation of this section, the
10 manufacturer of the covered product within thirty days shall:
11 (a) provide the department with independent, third-party laboratory
12 test results demonstrating that the covered product does not contain
13 regulated PFAS; or
14 (b) notify persons who sell that covered product in this state that
15 the sale of that covered product is prohibited in this state and provide
16 the department with a list of the names and addresses of those notified.
17 5. A retailer of a product, who is not also the manufacturer of the
18 product, shall not be held in violation of this section if it can show
19 that such retailer relied in good faith on the certificate of compliance
20 provided for in paragraph (a) of subdivision three of this section.
21 § 2. Section 71-3703 of the environmental conservation law is amended
22 by adding a new subdivision 8 to read as follows:
23 8. Any person who violates any of the provisions of, or who fails to
24 perform any duty imposed by section 37-0123 of this chapter or any rule
25 or regulation promulgated pursuant thereto, shall be liable for a civil
26 penalty not to exceed one thousand dollars for each day, and in addition
27 thereto, such person may be enjoined from continuing such violation.
28 Such person shall for a second violation be liable to the people of the
29 state for a civil penalty not to exceed two thousand five hundred
30 dollars.
31 § 3. Subparagraphs (lx), (lxi), (lxii), (lxiii), (lxiv), (lxv),
32 (lxvi), (lxvii), (lxviii), (lxix), (lxx), (lxxi), (lxxii), (lxxiii),
33 (lxxiv), (lxxv), (lxxvi) and (lxxvii) of paragraph (b) of subdivision 1
34 of section 37-0905 of the environmental conservation law, as added by
35 section 1 of subpart AA of part XX of chapter 55 of the laws of 2020,
36 are amended to read as follows:
37 (lx) [Perfluorooctanoic acid (PFOA & related substances) (CAS
38 335-67-1)] Perfluoroalkyl and polyfluoroalkyl substances as defined in
39 section 37-0101 of this article
40 (lxi) [Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS
41 1763-23-1)
42 (lxii)] Phenol (CAS 108-95-2)
43 [(lxiii)] (lxii) Phenol, 4-octyl- (CAS 1806-26-4)
44 [(lxiv)] (lxiii) P-hydroxybenzoic acid (CAS 99-96-7)
45 [(lxv)] (lxiv) Propyl paraben (CAS 94-13-3)
46 [(lxvi)] (lxv) Styrene (CAS 100-42-5)
47 [(lxvii)] (lxvi) Tetrabromobisphenol A (CAS 79-94-7)
48 [(lxviii)] (lxvii) Tetrachloroethene (CAS 127-18-4)
49 [(lxix)] (lxviii) Toluene (CAS 108-88-3)
50 [(lxx)] (lxix) Tricresyl phosphate (TCP) (CAS 1330-78-5)
51 [(lxxi)] (lxx) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
52 [(lxxii)] (lxxi) Triphenyl phosphate (TPP) (CAS 115-86-6)
53 [(lxxiii)] (lxxii) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS
54 13674-84-5)
55 [(lxxiv)] (lxxiii) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
56 [(lxxv)] (lxxiv) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
A. 3556--E 5
1 [(lxxvi)] (lxxv) Vinyl chloride (CAS 75-01-4)
2 [(lxxvii)] (lxxvi) Organohalogen flame retardants
3 § 4. Paragraph (a) of subdivision 2 of section 37-0905 of the environ-
4 mental conservation law is amended by adding a new subparagraph (viii)
5 to read as follows:
6 (viii) Perfluoroalkyl and polyfluoroalkyl substances
7 § 5. This act shall take effect January 1, 2026. Effective immediate-
8 ly, the addition, amendment and/or repeal of any rule or regulation
9 necessary for the implementation of this act on its effective date are
10 authorized to be made and completed on or before such effective date.
