STATE OF NEW YORK
________________________________________________________________________
4739--C
Cal. No. 179
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
___________
Introduced by M. of A. FAHY, THIELE, GOTTFRIED, L. ROSENTHAL, EPSTEIN,
ORTIZ, GALEF, STIRPE, JAFFEE, DINOWITZ, MAGNARELLI, LIFTON, CARROLL,
COLTON, STERN, D'URSO, MOSLEY, PAULIN, REYES, PERRY, STECK, WALLACE,
GRIFFIN, ABINANTI, JONES, BUCHWALD, BARRON, QUART, SIMON, ZEBROWSKI,
FERNANDEZ, PEOPLES-STOKES, DAVILA, BARRETT, McDONALD, WOERNER, RYAN,
HEVESI, M. G. MILLER, SAYEGH, GLICK, LiPETRI, McMAHON, SIMOTAS, ROZIC,
RODRIGUEZ, SOLAGES, WEPRIN, SANTABARBARA, GUNTHER, HUNTER, WALKER,
O'DONNELL, BURKE, FRONTUS, VANEL, RIVERA, OTIS, KIM, D. ROSENTHAL,
SEAWRIGHT, ENGLEBRIGHT, SCHMITT, COOK, NIOU, BARNWELL, ASHBY, JACOB-
SON, CRUZ, HYNDMAN, BRONSON, DE LA ROSA, LUPARDO, CUSICK -- Multi-
Sponsored by -- M. of A. CROUCH, CYMBROWITZ, LENTOL, TAYLOR -- read
once and referred to the Committee on Environmental Conservation --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- ordered to a third reading, amended
and ordered reprinted, retaining its place on the order of third read-
ing -- again amended on third reading, ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the environmental conservation law, in relation to the
use of perfluoroalkyl and polyfluoroalkyl substances in food packaging
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 37-0203 of the environmental conservation law is
2 amended by adding two new subdivisions 5 and 6 to read as follows:
3 5. "Food packaging" means a package or packaging component that is
4 intended for direct food contact and is comprised, in substantial part,
5 of paper, paperboard, or other materials originally derived from plant
6 fibers.
7 6. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS
8 substances" shall mean, for the purposes of food packaging, a class of
9 fluorinated organic chemicals containing at least one fully fluorinated
10 carbon atom.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04218-17-0
A. 4739--C 2
1 § 2. Sections 37-0209, 37-0211 and 37-0213 of the environmental
2 conservation law are renumbered sections 37-0211, 37-0213 and 37-0215.
3 § 3. The environmental conservation law is amended by adding a new
4 section 37-0209 to read as follows:
5 § 37-0209. Prohibition on the use of perfluoroalkyl and polyfluoroalkyl
6 substances in food packaging.
7 1. No person shall distribute, sell or offer for sale in this state
8 food packaging containing perfluoroalkyl and polyfluoroalkyl (PFAS)
9 substances as intentionally added chemicals.
10 2. For purposes of this section, "intentionally added chemical" shall
11 have the same meaning as subdivision eleven of section 37-0901 of this
12 article.
13 § 4. This act shall take effect December 31, 2022. Effective imme-
14 diately, the addition, amendment and/or repeal of any rule or regulation
15 necessary for the implementation of this act on its effective date are
16 authorized and directed to be made and completed on or before such
17 effective date.
