The New York State Senate

                    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.