NY State Senate Bill 2017-S8576

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to environmental conservation

co-Sponsors

2017-S8576 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§37-0203 & 37-0211, ren §§37-0209, 37-0211 & 37-0213 to be §§37-0211, 37-0213 & 37-0215, add §37-0209, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S2000, S8817

2017-S8576 (ACTIVE) - Summary

Relates to the use of perfluoroalkyl and polyfluoroalkyl chemicals in food packaging.

2017-S8576 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8576

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
use of perfluoroalkyl and polyfluoroalkyl chemicals in food packaging

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 37-0203 of the environmental
conservation law by defining food package, perfluoroalkyl and polyfluo-
roalkyl substances or PFAS chemicals, and safer alternatives.

Section 2 of the bill renumbers certain sections of the environmental
conservation law.

Section 3 of the bill adds a new section to the environmental conserva-
tion law that prohibits the manufacture, sale, and distribution of food
packages to which PFAS chemicals have been intentionally added, subject
to the provisions of this section. The department is instructed to
conduct a study to determine whether there are available safer alterna-

tives to such food packaging, to include an evaluation of chemical
hazards, exposure, performance, cost, and availability of alternatives.
To be considered complete, the study must conclude that safer alterna-
tives are readily available in sufficient quantity, at a comparable
cost, and at a comparable performance level, and the alternatives must
have previously been approved by the U.S. Food and Drug Administration.
If these conditions are met, the utilization of safer alternatives shall
be required no later than two years after the submission of the depart-
ment's report to the governor and the legislature, which must be
completed by January 1, 2020. If such conditions are not met, the
department shall annually review safer alternatives, and when such
alternatives are identified they will be required to be used within two
years after the findings.

Section 4 of the bill requires manufacturers to develop a compliance
certificate after the prohibition on PFAS chemicals goes into effect,
and requires manufacturers to reissue a compliance certificate if the
packaging is reformulated.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

The chemicals PFOA and PFOS have come under scrutiny in New York over
the last several years due to water contamination cases. While existing
federal and state efforts to regulate PFOA and PFOS are critical, there
is a troubling gap in these efforts. PFOA and PFOS are part of a class
of man-made chemicals called PFAS, or perfluoroalkyl and polyfluoroalkyl
chemicals. Regulations on PFOA and PFOS do not address less common chem-
icals in the PFAS family that could pose similar and unknown human
health impacts, not to mention the potential for new PFAS chemicals to
be developed in the future.

This bill ban PFAS chemicals in food packaging containers used in New
York. Chemicals that are similar in chemical makeup to chemicals we know
to be harmful should not be automatically approved for use, because it
is likely they also lead to harmful health impacts.  Rather, we should
utilize a precautionary principle and prohibit the use of all PFAS chem-
icals in firefighting foam.

New York's recent water contamination cases have brought public atten-
tion to the harms of PFOA and PFOS. In Hoosick Falls and Petersburgh,
PFOA was used in local factories to manufacture Teflon (non-stick
surfaces) and waste product including the chemical entered the local
water supply. In Newburgh and Suffolk County, PFOS was used in fire-
fighting foam that seeped into the groundwater through firefighting and
training activities. In these communities, residents have demonstrated
high levels of these chemicals in their blood, and have experienced
health impacts including kidney cancer, testicular cancer, thyroid
disease, and birth defects, which studies have linked to these chemi-
cals.

The attention to PFOA and PFOS has led to some recent federal and state
regulatory action. The U.S. Environmental Protection Agency (EPA) first
issued provisional health advisories for PFOA and PFOS in 2009, and
followed up with lifetime health advisories in 2016.  However, it has
not established national drinking water standards.  Under the provisions
of the Fiscal Year 2017-2018 New York State budget, New York's Drinking
Water Council is undergoing a review of chemicals including PFOA and
PFOS with the stated goal of setting strong enforceable limits on the
chemicals. In April 2016, the New York State Department of Environmental
Conservation issued an emergency rule that added PFOA-acid, PFOA-salt,
PFOS-acid, and PFOS-salt to the state's list of hazardous substances,
with particular attention to their use in class B firefighting foams.
Finally, over the last dozen years, many companies agreed to voluntarily
phase out their use of PFOA and PFOS, though their use continues in
limited forms today.

The case of Wilmington, North Carolina offers a case in point about the
need for stronger action on chemicals in the broader PFAS family.
There, a chemical in the PFAS family called GenX was found in the water
supply as a result of contamination from a local plant (Chemours, an
offshoot of DuPont) that manufactured the chemical.  According to
DuPont, GenX was developed as a safer alternative to PFOA, which it had
phased out due to environmental health concerns.  However, studies
submitted to the U.S. EPA by DuPont showed that GenX caused tumors and
reproductive problems in lab animals. Residents and local officials are
rightly alarmed.

Food packaging is a key place to look for PFAS chemicals, as they often
include non-stick components to repel grease. PFAS chemicals in food
packaging can enter a human's bloodstream by leaching into food that is
consumed, as well as find its way into the environment through disposal.

A study published in February 2017 (Silent Spring Institute et. al.,
Environ. Sci. Technol. Lett., 2017, 4 (3), pp 105-111) looked at 400
samples of food packaging from fast food restaurants in the United
States. It found that PFAS chemicals were found in 46% of food contact
papers and 20% of paperboard samples, including a breakdown of 56% of
dessert and bread wrappers, 38% of sandwich and burger wrappers, and 20%
of paperboard.

This bill would ban the entire class of PFAS chemicals from food packag-
ing containers used in New York. The prohibition will not go into effect
until the Department of Environmental Conservation conducts a study
analyzing safer and cost-comparable alternatives.  Washington State
signed similar legislation into law in April 2018.

In order to protect the health and safety of New Yorkers, we must take
an aggressive approach by prohibiting the use of all PFAS chemicals in
food packages.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8576 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8576
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 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  the
   use of perfluoroalkyl and polyfluoroalkyl chemicals in food packaging
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2  of  section  37-0203  of  the  environmental
 conservation  law,  as  added  by  chapter  286  of the laws of 1990, is
 amended and three new subdivisions 5, 6 and  7  are  added  to  read  as
 follows:
   2. "Manufacturer" shall mean a person, firm, association, partnership,
 ORGANIZATION,  JOINT VENTURE or corporation, who or which makes contain-
 ers to be used to package products.
   5. "FOOD PACKAGE" MEANS A  PACKAGE  OR  PACKAGING  COMPONENT  THAT  IS
 INTENDED  FOR DIRECT FOOD CONTACT AND IS COMPRISED, IN SUBSTANTIAL PART,
 OF PAPER, PAPERBOARD, OR OTHER MATERIALS ORIGINALLY DERIVED  FROM  PLANT
 FIBERS.
   6. "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS CHEMICALS"
 MEANS, FOR THE PURPOSES OF FOOD PACKAGING, A CLASS OF FLUORINATED ORGAN-
 IC CHEMICALS CONTAINING AT LEAST ONE FULLY FLUORINATED CARBON ATOM.
   7.  "SAFER  ALTERNATIVE"  MEANS  AN ALTERNATIVE SUBSTANCE OR CHEMICAL,
 DEMONSTRATED BY AN ALTERNATIVES ASSESSMENT, THAT MEETS  IMPROVED  HAZARD
 AND  EXPOSURE  CONSIDERATIONS  AND  CAN  BE PRACTICABLY AND ECONOMICALLY
 SUBSTITUTED FOR THE ORIGINAL CHEMICAL.
   § 2. Sections  37-0209,  37-0211  and  37-0213  of  the  environmental
 conservation law are renumbered sections 37-0211, 37-0213 and 37-0215.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 37-0209 to read as follows:
 § 37-0209. PROHIBITION ON THE USE OF PERFLUOROALKYL AND  POLYFLUOROALKYL
              CHEMICALS IN FOOD PACKAGING.
   1.  SUBJECT  TO THE PROVISIONS OF THIS SECTION, NO PERSON MAY MANUFAC-
 TURE, KNOWINGLY SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE
 FOR USE IN THIS STATE FOOD PACKAGING TO WHICH PERFLUOROALKYL  AND  POLY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15589-01-8

 S. 8576                             2
 
 FLUOROALKYL  (PFAS)  CHEMICALS  HAVE  BEEN  INTENTIONALLY  ADDED  IN ANY
 AMOUNT.
   2. (A) THE DEPARTMENT SHALL CONDUCT A STUDY TO DETERMINE WHETHER THERE
 ARE  AVAILABLE SAFER ALTERNATIVES TO FOOD PACKAGING TO WHICH PFAS CHEMI-
 CALS HAVE BEEN INTENTIONALLY ADDED. TO DETERMINE WHETHER SAFER  ALTERNA-
 TIVES  TO FOOD PACKAGING CONTAINING PFAS CHEMICALS EXIST, THE DEPARTMENT
 SHALL CONDUCT ASSESSMENTS OF VARIOUS AVAILABLE ALTERNATIVES THAT:
   (I) EVALUATE LESS TOXIC  CHEMICALS  AND  NONCHEMICAL  ALTERNATIVES  TO
 REPLACE THE USE OF A PFAS CHEMICAL;
   (II)  FOLLOW THE GUIDELINES FOR ALTERNATIVES ASSESSMENTS ISSUED BY THE
 INTERSTATE CHEMICALS CLEARINGHOUSE; AND
   (III) INCLUDE, AT A MINIMUM, AN EVALUATION OF CHEMICAL HAZARDS,  EXPO-
 SURE, PERFORMANCE, COST, AND AVAILABILITY OF SUCH ALTERNATIVES.
   (B)  IN  ORDER TO DETERMINE THAT ONE OR MORE SAFER ALTERNATIVES TO THE
 USE OF PFAS CHEMICALS ARE AVAILABLE, THE DEPARTMENT MUST  CONCLUDE  THAT
 THE SAFER ALTERNATIVES TO PFAS CHEMICALS:
   (1)  ARE  READILY AVAILABLE IN SUFFICIENT QUANTITY AND AT A COMPARABLE
 COST TO PFAS CHEMICALS; AND
   (2) PERFORM AS WELL AS OR BETTER THAN PFAS  CHEMICALS  IN  A  SPECIFIC
 FOOD PACKAGING APPLICATION.
   (C)  IF THE DEPARTMENT DETERMINES THAT A SAFER ALTERNATIVE TO THE PFAS
 CHEMICALS IS ANOTHER CHEMICAL, SUCH CHEMICAL MUST HAVE  PREVIOUSLY  BEEN
 APPROVED  FOR  FOOD  CONTACT BY THE UNITED STATES FOOD AND DRUG ADMINIS-
 TRATION, SUCH AS THROUGH THE ISSUANCE OF A DETERMINATION THAT THE CHEMI-
 CAL HAS A REASONABLE CERTAINTY OF CAUSING NO HARM.
   3. BY JANUARY FIRST, TWO THOUSAND TWENTY, THE DEPARTMENT SHALL PUBLISH
 ON ITS WEBSITE ITS FINDINGS ON WHETHER A SAFER ALTERNATIVE TO PFAS CHEM-
 ICALS IN SPECIFIC APPLICATIONS OF FOOD PACKAGING ARE AVAILABLE FOR  EACH
 ASSESSED  APPLICATION  AND  SHALL  SUBMIT A REPORT WITH THE DEPARTMENT'S
 FINDINGS, INCLUDING FEEDBACK FROM PEER REVIEW OF THE DEPARTMENT'S ALTER-
 NATIVES ASSESSMENT, IF ANY, TO THE GOVERNOR AND TO THE LEGISLATURE.
   4. (A) IF THE DEPARTMENT DETERMINES THAT A SAFER ALTERNATIVE IS AVAIL-
 ABLE FOR USE IN A PARTICULAR CATEGORY OF FOOD PACKAGING, THE UTILIZATION
 OF SUCH SAFER ALTERNATIVE BY MANUFACTURERS SHALL BE REQUIRED IN  ACCORD-
 ANCE  WITH  THE  PROVISIONS  OF SUBDIVISION ONE OF THIS SECTION NO LATER
 THAN TWO YEARS AFTER THE DATE OF  THE  SUBMISSION  OF  THE  DEPARTMENT'S
 REPORT  TO  THE  GOVERNOR AND THE LEGISLATURE AS REQUIRED BY SUBDIVISION
 THREE OF THIS SECTION.
   (B) IF THE DEPARTMENT DETERMINES  THAT  A  SAFER  ALTERNATIVE  IS  NOT
 AVAILABLE  FOR  SOME  OR  ALL  CATEGORIES OF FOOD PACKAGING APPLICATIONS
 ASSESSED BY THE DEPARTMENT, THE DEPARTMENT SHALL ANNUALLY REVIEW  ALTER-
 NATIVES FOR SUCH APPLICATIONS IN ACCORDANCE WITH THE PROVISION OF SUBDI-
 VISION TWO OF THIS SECTION AND SHALL REPORT ITS FINDINGS TO THE GOVERNOR
 AND  THE  LEGISLATURE  ON  SUCH  ALTERNATIVES AS REQUIRED BY SUBDIVISION
 THREE OF THIS SECTION BY JANUARY FIRST OF EACH SUCCESSIVE YEAR.  IF  THE
 DEPARTMENT SUBSEQUENTLY DETERMINES THAT A SAFER ALTERNATIVE IS AVAILABLE
 FOR  USE  IN  A PARTICULAR CATEGORY OF FOOD PACKAGING, THE PROVISIONS OF
 PARAGRAPH (A) OF THIS SUBDIVISION SHALL APPLY TO SUCH PACKAGING.
   (C) THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT  APPLY
 TO  A  PARTICULAR CATEGORY OF FOOD PACKAGING UNTIL THE DEPARTMENT DETER-
 MINES THAT A SAFER ALTERNATIVE IS AVAILABLE FOR USE WITH RESPECT TO SUCH
 CATEGORY AND HAS REPORTED ITS FINDINGS TO THE GOVERNOR AND THE  LEGISLA-
 TURE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   §  4.  Subdivision 2 of section 37-0211 of the environmental conserva-
 tion law, as added by chapter 286 of the laws of 1990, such  section  as
 renumbered by section two of this act, is amended to read as follows:

 S. 8576                             3
 
   2.  (A)  No  manufacturer or distributor of a product shall be held in
 violation of this title who can show that, in the purchase of a  package
 or  packaging  component,  he or she relied in good faith on the written
 assurance of the manufacturer of such packaging or  packaging  component
 that  such packaging or packaging component met the requirements of this
 title. Such written assurance shall take the form of  a  certificate  of
 compliance  stating  that a package or packaging component is in compli-
 ance with the  requirements  of  this  title,  provided  however,  where
 compliance is achieved under an exemption provided in subdivision two or
 three  of section 37-0207 of this title, the certificate shall state the
 specific basis upon which the exemption is claimed. The  certificate  of
 compliance  shall be signed by an authorized official of the manufactur-
 ing or distributing company.
   (B) WITH RESPECT TO THE PROHIBITION ON THE USE OF  PERFLUOROALKYL  AND
 POLYFLUOROALKYL  CHEMICALS  IN  FOOD  PACKAGING  AS  PROVIDED IN SECTION
 37-0209 OF THIS TITLE, A MANUFACTURER SHALL DEVELOP A COMPLIANCE CERTIF-
 ICATE BY THE DATE OF A PROHIBITION TAKING EFFECT UNDER SUCH SECTION.
   (C) IF THE MANUFACTURER OR SUPPLIER OF THE PACKAGE OR PACKAGING COMPO-
 NENT REFORMULATES OR CREATES A NEW PACKAGE OR PACKAGING  COMPONENT,  THE
 MANUFACTURER  SHALL  DEVELOP AN AMENDED OR NEW CERTIFICATE OF COMPLIANCE
 FOR THE REFORMULATED OR NEW PACKAGE OR PACKAGING COMPONENT.
   § 5. This act shall take effect  immediately.  Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.

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Senate Bill S8576

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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co-Sponsors

2017-S8576 (ACTIVE) - Details

2017-S8576 (ACTIVE) - Summary

2017-S8576 (ACTIVE) - Sponsor Memo

2017-S8576 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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co-Sponsors

Brian Kavanagh

2017-S8576 (ACTIVE) - Details

2017-S8576 (ACTIVE) - Summary

2017-S8576 (ACTIVE) - Sponsor Memo

2017-S8576 (ACTIVE) - Bill Text download pdf

Comments