Prohibits the sale and distribution of anti-fogging sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.
STATE OF NEW YORK
________________________________________________________________________
4525--B
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. GALLAGHER, STERN, GONZALEZ-ROJAS, JACOBSON,
LEVENBERG, SIMON, SIMONE, ROSENTHAL, COLTON, REYES, SHIMSKY, RAGA,
CLARK, SEAWRIGHT, FORREST, OTIS, BURDICK, MEEKS -- read once and
referred to the Committee on Environmental Conservation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported and referred to the Committee on Codes
-- recommitted to the Committee on Codes in accordance with Assembly
Rule 3, sec. 2 -- 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 and distribution of anti-fogging sprays or 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. The environmental conservation law is amended by adding a
2 new section 37-0125 to read as follows:
3 § 37-0125. Prohibitions against the sale of anti-fogging sprays or wipes
4 containing perfluoroalkyl and polyfluoroalkyl substances.
5 1. For the purposes of this section, the following terms shall have
6 the following meanings:
7 (a) "Anti-fogging sprays or wipes" means any product, including a
8 spray, cloth, wipe or other material, that is intended to prevent
9 condensation on eyeglasses.
10 (b) "Intentionally added chemical" shall have the same meaning as
11 subdivision four of section 37-0121 of this title.
12 (c) "Manufacturer" means a person, firm, association, partnership or
13 corporation:
14 (i) that produces or whose brand name is affixed to anti-fogging
15 sprays or wipes; or
16 (ii) in the case of anti-fogging sprays or wipes that were imported
17 into the United States, "manufacturer" means the importer or first
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07241-06-6
A. 4525--B 2
1 domestic distributor of such anti-fogging sprays or wipes if no person
2 who is a manufacturer within the meaning of subparagraph (i) of this
3 paragraph has a presence in the United States.
4 (d) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS
5 substances" means a class of fluorinated organic chemicals containing at
6 least one fully fluorinated carbon atom.
7 2. No person shall sell or offer for sale in this state anti-fogging
8 sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances
9 as intentionally added chemicals or that contain perfluoroalkyl and
10 polyfluoroalkyl substances at or above a level that the department shall
11 establish in regulation.
12 3. No person that sells or offers for sale any anti-fogging sprays or
13 wipes shall be held in violation of this section if they can show that
14 they relied in good faith on the written assurance of the manufacturer
15 of such product that such product met the requirements of this section.
16 Such written assurance shall take the form of a certificate of compli-
17 ance stating that such product is in compliance with the requirements
18 of this section. The certificate of compliance shall be signed by an
19 authorized official of the manufacturer.
20 4. In addition to any other applicable penalties, it shall be a
21 violation of this section to provide a certificate of compliance as
22 contemplated by subdivision three of this section when the applicable
23 anti-fogging sprays or wipes do not satisfy the prohibitions on the
24 presence of perfluoroalkyl and polyfluoroalkyl substances set forth in
25 subdivision two of this section.
26 § 2. Section 71-3703 of the environmental conservation law is amended
27 by adding a new subdivision 8 to read as follows:
28 8. Any person who violates any of the provisions of, or who fails to
29 perform any duty imposed by section 37-0125 of this chapter or any rule
30 or regulation promulgated pursuant thereto, shall be liable for a civil
31 penalty not to exceed one thousand dollars for each day during which
32 such violation continues, and in addition thereto, such person may be
33 enjoined from continuing such violation. Such person shall for a second
34 violation be liable to the people of the state for a civil penalty not
35 to exceed two thousand five hundred dollars for each day during which
36 such violation continues.
37 § 3. This act shall take effect on the one hundred eightieth day
38 after it shall have become a law. Effective immediately, the addition,
39 amendment and/or repeal of any rule or regulation necessary for the
40 implementation of this act on its effective date are authorized and
41 directed to be made and completed on or before such effective date.
