NY State Senate Bill S8817

Archive: Last Bill Status Via A4739 - Signed by Governor

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 02, 2020	signed chap.307
Nov 20, 2020	delivered to governor
Jul 23, 2020	returned to assembly passed senate 3rd reading cal.1026 substituted for s8817
Jul 23, 2020	substituted by a4739c ordered to third reading cal.1026
Jul 20, 2020	referred to rules

Votes

Co-Sponsors

S8817 (ACTIVE) - Details

See Assembly Version of this Bill:: A4739
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §37-0203, ren §§37-0209, 37-0211 & 37-0213 to be §§37-0211, 37-0213 & 37-0215, add §37-0209, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S8576

S8817 (ACTIVE) - Summary

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

S8817 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8817

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 37-0203 of the environmental
conservation law by defining the terms "food packaging" and "perfluoro-
alkyl and polyfluoroalkyl substances" or "PFAS substances".

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

Section 3 of the bill adds a new section 37-0209 to the environmental
conservation law that prohibits the distribution, sale, and offer for
sale in New York of food packaging containing PFAS substances as "inten-
tionally added chemicals," as such term is defined pursuant to subdivi-
sion 11 of section 370901 of the environmental conservation law.

Section 4 of the bill establishes 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 pack-
aging containers used in New York. Chemicals that are similar in chemi-
cal makeup to chemicals we know to be harmful should not be automat-
ically 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 chemicals in food packaging.

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. Washington State signed similar legis-
lation 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 packaging.

 
LEGISLATIVE HISTORY:

New bill

 
EFFECTIVE DATE:
This act shall take effect December 31, 2022.

S8817 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8817

                            I N  S E N A T E

                              July 20, 2020
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:

  Section 1. Section 37-0203 of the environmental  conservation  law  is
amended by adding two new subdivisions 5 and 6 to read as follows:
  5.  "FOOD  PACKAGING"  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
SUBSTANCES"  SHALL  MEAN, FOR THE PURPOSES OF FOOD PACKAGING, A CLASS OF
FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST ONE FULLY  FLUORINATED
CARBON ATOM.
  §  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
             SUBSTANCES IN FOOD PACKAGING.
  1. NO PERSON SHALL DISTRIBUTE, SELL OR OFFER FOR SALE  IN  THIS  STATE
FOOD  PACKAGING  CONTAINING  PERFLUOROALKYL  AND  POLYFLUOROALKYL (PFAS)
SUBSTANCES AS INTENTIONALLY ADDED CHEMICALS.
  2. FOR PURPOSES OF THIS SECTION, "INTENTIONALLY ADDED CHEMICAL"  SHALL
HAVE  THE  SAME MEANING AS SUBDIVISION ELEVEN OF SECTION 37-0901 OF THIS
ARTICLE.
  § 4. This act shall take effect December  31,  2022.  Effective  imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD04218-14-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S8817

Sponsored By

Archive: Last Bill Status Via A4739 - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Co-Sponsors

S8817 (ACTIVE) - Details

S8817 (ACTIVE) - Summary

S8817 (ACTIVE) - Sponsor Memo

S8817 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8817

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status Via A4739 - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Co-Sponsors

Anna M. Kaplan

S8817 (ACTIVE) - Details

S8817 (ACTIVE) - Summary

S8817 (ACTIVE) - Sponsor Memo

S8817 (ACTIVE) - Bill Text download pdf

Comments