S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1549
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ORTIZ,  BARRON,  McDONOUGH  -- read once and
   referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   requiring additional labels on certain microfiber clothing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 37 of the environmental conservation law is amended
 by adding a new title 9 to read as follows:
                                 TITLE IX
                       SYNTHETIC PLASTIC MICROFIBER
 SECTION 37-0901. DEFINITIONS.
         37-0903. MICROFIBER CLOTHING LABEL REQUIREMENTS.
         37-0905. PREEMPTION.
         37-0907. RULES AND REGULATIONS.
 § 37-0901. DEFINITIONS.
   AS USED IN THIS ARTICLE:  1. "CLOTHING" MEANS AN  ARTICLE  OF  APPAREL
 INTENDED TO BE WORN BY A PERSON, NOT INCLUDING HATS OR SHOES.
   2.  "PLASTIC  MICROFIBER"  MEANS  A  SMALL  SYNTHETIC PARTICLE THAT IS
 FIBROUS IN SHAPE, LESS THAN FIVE MILLIMETERS IN LENGTH, AND IS  RELEASED
 INTO  WATER  THROUGH THE REGULAR WASHING OF TEXTILES MADE FROM SYNTHETIC
 MATERIAL.
 § 37-0903. MICROFIBER CLOTHING LABEL REQUIREMENTS.
   1. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-ONE, NO PERSON,  FIRM,
 PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
 MANUFACTURE  FOR SALE ANY NEW CLOTHING MADE FROM FABRIC THAT IS COMPOSED
 OF MORE THAN FIFTY PERCENT  SYNTHETIC  MATERIAL,  IF  A  CARE  LABEL  IS
 REQUIRED FOR THAT CLOTHING PURSUANT TO PART FOUR HUNDRED TWENTY-THREE OF
 TITLE  SIXTEEN  OF THE CODE OF FEDERAL REGULATIONS, WITHOUT INCLUDING ON
 SUCH CARE LABEL, IN ADDITION TO THE CARE  INFORMATION  AND  INSTRUCTIONS
 REQUIRED  PURSUANT TO SUCH FEDERAL LAW, ONE OF THE FOLLOWING STATEMENTS,
 AS APPLICABLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05885-01-9

 A. 1549                             2
 
   A. FOR CLOTHING FOR WHICH MACHINE WASHING OR HAND  WASHING  IS  RECOM-
 MENDED OR REQUIRED: "THIS GARMENT SHEDS PLASTIC MICROFIBERS WHEN WASHED.
 HAND WASHING RECOMMENDED TO REDUCE SHEDDING."
   B.  FOR ALL OTHER CLOTHING THAT DOES NOT MEET THE DESCRIPTION IN PARA-
 GRAPH A OF THIS SUBDIVISION OR IF INCLUDING THE STATEMENT IN PARAGRAPH A
 OF THIS SUBDIVISION WOULD VIOLATE  PART  FOUR  HUNDRED  TWENTY-THREE  OF
 TITLE  SIXTEEN  OF  THE CODE OF FEDERAL REGULATIONS: "THIS GARMENT SHEDS
 PLASTIC MICROFIBERS WHEN WASHED."
   2. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-ONE, NO PERSON,  FIRM,
 PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
 SELL  OR  OFFER  FOR  SALE  ANY  NEW  CLOTHING  MADE FROM FABRIC THAT IS
 COMPOSED OF  MORE  THAN  FIFTY  PERCENT  SYNTHETIC  MATERIAL  WITHOUT  A
 CONSPICUOUS  LABEL THAT IS VISIBLE TO THE CONSUMER AT THE POINT OF SALE,
 IN THE FORM OF A STICKER, HANG  TAG,  OR  ANY  OTHER  LABEL  TYPE,  THAT
 INCLUDES ONE OF THE FOLLOWING STATEMENTS, AS APPLICABLE:
   A.  FOR  CLOTHING  FOR WHICH MACHINE WASHING OR HAND WASHING IS RECOM-
 MENDED OR REQUIRED: "THIS GARMENT SHEDS PLASTIC MICROFIBERS WHEN WASHED,
 WHICH CONTRIBUTES TO MARINE PLASTIC POLLUTION. HAND WASHING  RECOMMENDED
 TO REDUCE SHEDDING."
   B.  FOR  CLOTHING  FOR  WHICH  DRY CLEANING IS REQUIRED: "THIS GARMENT
 SHEDS PLASTIC MICROFIBERS WHEN WASHED, WHICH CONTRIBUTES TO MARINE PLAS-
 TIC POLLUTION. DRY CLEAN ONLY."
   C. FOR ALL OTHER CLOTHING THAT DOES NOT MEET THE DESCRIPTION IN  PARA-
 GRAPH  A  OR B OF THIS SUBDIVISION OR IF INCLUDING THE APPLICABLE STATE-
 MENT IN PARAGRAPH A OR B OF THIS SUBDIVISION  WOULD  VIOLATE  PART  FOUR
 HUNDRED  TWENTY-THREE  OF  TITLE  SIXTEEN  OF  THE CODE OF FEDERAL REGU-
 LATIONS: "THIS GARMENT SHEDS  PLASTIC  MICROFIBERS  WHEN  WASHED,  WHICH
 CONTRIBUTES TO MARINE PLASTIC POLLUTION."
 § 37-0905. PREEMPTION.
   THE PROVISIONS OF THIS TITLE SHALL PREEMPT ANY ORDINANCE OR RESOLUTION
 OF  A MUNICIPALITY, COUNTY OR ANY OTHER LOCAL GOVERNMENT ENTITY RELATING
 TO SYNTHETIC PLASTIC MICROFIBER.
 § 37-0907. RULES AND REGULATIONS.
   THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND  REGULATIONS
 AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   § 2. This act shall take effect immediately.