Assembly Bill A10620

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10620
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
   -- read once and referred to the Committee on Environmental  Conserva-
   tion
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the sale of products that contain intentionally added PFAS
 
   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 4 to read as follows:
                                 TITLE IV
     PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
 SECTION 37-0401. DEFINITIONS.
         37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
         37-0405. REQUIRED NOTIFICATION.
         37-0407. VIOLATIONS.
 § 37-0401. DEFINITIONS.
   FOR  PURPOSES  OF  THIS  TITLE, THE FOLLOWING TERMS HAVE THE FOLLOWING
 DEFINITIONS:
   1. "COVERED PRODUCT" MEANS TEXTILE ARTICLES, RUGS, FABRIC  TREATMENTS,
 COOKWARE,  SKI  WAXES,  ARCHITECTURAL PAINTS, OR CLEANING PRODUCTS, OR A
 COMPONENT THEREOF.
   2. "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS"  MEANS  A
 CLASS  OF  FLUORINATED  ORGANIC  CHEMICALS CONTAINING AT LEAST ONE FULLY
 FLUORINATED CARBON ATOM.
   3. "REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "REGU-
 LATED PFAS" MEANS PFAS THAT ARE:
   (A) AN INTENTIONALLY ADDED CHEMICAL AS DEFINED IN  SUBDIVISION  ELEVEN
 OF SECTION 37-0901 OF THIS ARTICLE; OR
   (B)  PRESENT IN A PRODUCT OR PRODUCT COMPONENT AT OR ABOVE THE PRACTI-
 CAL QUANTITATION LIMIT, AS MEASURED IN TOTAL ORGANIC FLUORINE.
   4. "ARCHITECTURAL PAINT" MEANS  INTERIOR  AND  EXTERIOR  ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15175-02-2
              

 A. 10620                            2
 
   5. (A) "CLEANING PRODUCT" MEANS A FINISHED PRODUCT THAT IS AN AIR CARE
 PRODUCT, AUTOMOTIVE PRODUCT, GENERAL CLEANING PRODUCT, OR  A  POLISH  OR
 FLOOR  MAINTENANCE  PRODUCT  USED PRIMARILY FOR JANITORIAL, DOMESTIC, OR
 INSTITUTIONAL CLEANING PURPOSES.
   (I)  "AIR CARE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PRODUCT
 LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT  IS  TO  ENHANCE  OR
 CONDITION  THE  INDOOR  ENVIRONMENT  BY  ELIMINATING UNPLEASANT ODORS OR
 FRESHENING THE AIR.
   (II) "AUTOMOTIVE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PROD-
 UCT LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT IS  TO  MAINTAIN
 THE  APPEARANCE  OF  A  MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, INCLUDING PRODUCTS FOR WASH-
 ING, WAXING, POLISHING, CLEANING, OR TREATING THE EXTERIOR  OR  INTERIOR
 SURFACES  OF MOTOR VEHICLES. "AUTOMOTIVE PRODUCT" DOES NOT INCLUDE AUTO-
 MOTIVE PAINT OR PAINT REPAIR PRODUCTS.
   (III) "GENERAL CLEANING PRODUCT" MEANS A  SOAP,  DETERGENT,  OR  OTHER
 CHEMICALLY  FORMULATED  CONSUMER  PRODUCT  LABELED  TO INDICATE THAT THE
 PURPOSE OF THE PRODUCT IS TO CLEAN, DISINFECT,  OR  OTHERWISE  CARE  FOR
 FABRIC,  DISHES, OR OTHER WARES; SURFACES INCLUDING, BUT NOT LIMITED TO,
 FLOORS, FURNITURE,  COUNTERTOPS,  SHOWERS,  AND  BATHS;  OR  OTHER  HARD
 SURFACES, SUCH AS STOVETOPS, MICROWAVES, AND OTHER APPLIANCES.
   (IV)  "POLISH  OR FLOOR MAINTENANCE PRODUCT" MEANS A CHEMICALLY FORMU-
 LATED CONSUMER PRODUCT, SUCH AS POLISH, WAX, A STRIPPER, OR A  RESTORER,
 LABELED  TO  INDICATE  THAT  THE  PURPOSE  OF  THE PRODUCT IS TO POLISH,
 PROTECT, BUFF, CONDITION, TEMPORARILY SEAL, STRIP,  OR  MAINTAIN  FURNI-
 TURE, FLOORS, METAL, LEATHER, OR OTHER SURFACES.
   (B) "CLEANING PRODUCT" SHALL NOT MEAN ANY OF THE FOLLOWING:
   (I) FOODS, DRUGS, AND COSMETICS, INCLUDING PERSONAL CARE ITEMS SUCH AS
 TOOTHPASTE, SHAMPOO, AND HAND SOAP.
   (II) INDUSTRIAL PRODUCTS SPECIFICALLY MANUFACTURED FOR, AND EXCLUSIVE-
 LY  USED  IN  THE  FOLLOWING:  OIL AND GAS PRODUCTION; STEEL PRODUCTION;
 HEAVY INDUSTRY MANUFACTURING;  INDUSTRIAL  WATER  TREATMENT;  INDUSTRIAL
 TEXTILE  MAINTENANCE  AND  PROCESSING  OTHER THAN INDUSTRIAL LAUNDERING;
 FOOD AND BEVERAGE PROCESSING AND PACKAGING; OR OTHER INDUSTRIAL MANUFAC-
 TURING PROCESSES.
   6. "COOKWARE" MEANS DURABLE ITEMS THAT ARE USED IN HOMES, RESTAURANTS,
 INSTITUTIONAL, AND COMMERCIAL KITCHENS TO PREPARE,  DISPENSE,  OR  STORE
 FOOD,  FOODSTUFFS,  OR  BEVERAGES  FOR INDOOR OR OUTDOOR USE. "COOKWARE"
 INCLUDES, BUT IS NOT LIMITED TO, POTS, PANS,  SKILLETS,  GRILLS,  BAKING
 SHEETS, BAKING MOLDS, TRAYS, BOWLS, CAMPING GEAR, AND COOKING UTENSILS.
   7. "FABRIC TREATMENT" MEANS A SUBSTANCE APPLIED TO A FABRIC FOR STAIN,
 GREASE, OR WATER RESISTANCE.
   8.  "MANUFACTURER"  MEANS  ANY  PERSON  THAT MANUFACTURES A PRODUCT OR
 WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT. IN THE  CASE  OF  A  PRODUCT
 IMPORTED INTO THE UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR
 FIRST  DOMESTIC  DISTRIBUTOR  OF THE PRODUCT IF THE PERSON THAT MANUFAC-
 TURED OR ASSEMBLED THE PRODUCT OR WHOSE BRAND NAME  IS  AFFIXED  TO  THE
 PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   9.  "RUGS"  MEANS ANY CONSUMER PRODUCTS MADE FROM NATURAL OR SYNTHETIC
 FABRIC INTENDED TO BE USED AS A FLOOR COVERING, OTHER THAN CARPETS,  AND
 INCLUDES HANDMADE RUGS, AREA RUGS, OR MATS.
   10. "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING  SKIS  AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND GLIDE PROPER-
 TIES.
   11. "TEXTILE" MEANS ANY ITEM MADE IN WHOLE OR IN PART FROM A  NATURAL,
 MAN-MADE, OR SYNTHETIC FIBER, YARN, OR FABRIC.  TEXTILE INCLUDES, BUT IS
 A. 10620                            3
 
 NOT  LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP, WOOL,
 VISCOSE, NYLON, OR POLYESTER.
   12.  "TEXTILE  ARTICLES"  MEANS  NON-WEARABLE  TEXTILE  GOODS, OUTDOOR
 APPAREL, FOOTWEAR, COSTUMES AND ACCESSORIES.
   (A) "NON-WEARABLE TEXTILE GOODS" MEANS TEXTILE GOODS OF A TYPE CUSTOM-
 ARILY USED IN HOUSEHOLDS AND BUSINESSES THAT ARE NOT  CUSTOMARILY  WORN.
 TEXTILE  ARTICLES  INCLUDE, BUT ARE NOT LIMITED TO, HANDBAGS, BACKPACKS,
 DRAPERIES, SHOWER CURTAINS, FURNISHINGS, UPHOLSTERY,  BEDDINGS,  TOWELS,
 NAPKINS,  AND TABLECLOTHS. FOR THE PURPOSES OF THIS TITLE, TEXTILE ARTI-
 CLES DO NOT INCLUDE RUGS OR PERSONAL PROTECTIVE EQUIPMENT.
   (B) "OUTDOOR APPAREL" MEANS TEXTILES GOODS  THAT  ARE  CLOTHING  ITEMS
 INTENDED  PRIMARILY  FOR  OUTDOOR ACTIVITIES, INCLUDING, BUT NOT LIMITED
 TO, HIKING, CAMPING, SKIING, CLIMBING, BICYCLING, AND FISHING.
   (C) "PERSONAL PROTECTIVE EQUIPMENT" MEANS EQUIPMENT WORN  TO  MINIMIZE
 EXPOSURE  TO HAZARDS THAT CAUSE SERIOUS WORKPLACE INJURIES AND ILLNESSES
 THAT MAY RESULT FROM  CONTACT  WITH  CHEMICAL,  RADIOLOGICAL,  PHYSICAL,
 ELECTRICAL, MECHANICAL, OR OTHER WORKPLACE HAZARDS.
 § 37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
   1.  COMMENCING  ON  JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO PERSON
 SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THE STATE ANY COVERED PROD-
 UCT  THAT  CONTAINS   REGULATED   PERFLUOROALKYL   AND   POLYFLUOROALKYL
 SUBSTANCES.
   2.  THE  PROHIBITION  ON  DISTRIBUTION,  SALE OR OFFER OF SALE IN THIS
 TITLE DOES NOT APPLY TO THE SALE OR RESALE OF USED PRODUCTS.
 § 37-0405. REQUIRED NOTIFICATION.
   1. A MANUFACTURER OF A  COVERED  PRODUCT  SOLD  INTO  THE  STATE  THAT
 CONTAINS REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES OR PFAS
 SHALL PROVIDE PERSONS THAT OFFER THE PRODUCT FOR SALE OR DISTRIBUTION IN
 THE  STATE  WITH A CERTIFICATE OF COMPLIANCE. THE CERTIFICATE OF COMPLI-
 ANCE SHALL PROVIDE ASSURANCE, AT A MINIMUM, THAT THE  PRODUCT  DOES  NOT
 CONTAIN  ANY  INTENTIONALLY  ADDED  PFAS.  ANY CERTIFICATE OF COMPLIANCE
 PROVIDED UNDER THIS SECTION SHALL BE SIGNED BY AN AUTHORIZED OFFICIAL OF
 THE MANUFACTURER.
   2. IF REGULATED PERFLUOROALKYL OR POLYFLUOROALKYL OR PFAS ARE  DISCOV-
 ERED  IN  THE  COVERED  PRODUCT AFTER THE ISSUANCE OF THE CERTIFICATE OF
 COMPLIANCE, THE MANUFACTURER SHALL RECALL THE COVERED PRODUCT AND  REIM-
 BURSE THE DISTRIBUTOR OR RETAILER FOR THE COVERED PRODUCT.
 § 37-0407. VIOLATIONS.
   1.   A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR ANY RULE OR
 REGULATION PROMULGATED PURSUANT THERETO SHALL BE PUNISHABLE IN THE  CASE
 OF  A  FIRST  VIOLATION,  BY  A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
 DOLLARS. IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE  LIABIL-
 ITY  SHALL  BE  FOR  A  CIVIL PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND
 DOLLARS FOR EACH VIOLATION.
   2.  IF THE DEPARTMENT HAS REASON TO BELIEVE  THAT  A  COVERED  PRODUCT
 CONTAINS  REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND IS
 BEING DISTRIBUTED, SOLD, OR  OFFERED  FOR  SALE  IN  VIOLATION  OF  THIS
 SECTION,  THE  DEPARTMENT  SHALL  DIRECT THE MANUFACTURER OF THE COVERED
 PRODUCT TO, WITHIN THIRTY DAYS:
   (A) PROVIDE THE DEPARTMENT WITH  INDEPENDENT,  THIRD-PARTY  LABORATORY
 TEST  RESULTS  DEMONSTRATING  THAT  THE COVERED PRODUCT DOES NOT CONTAIN
 REGULATED PFAS; OR
   (B)  NOTIFY PERSONS WHO SELL THAT COVERED PRODUCT IN THIS  STATE  THAT
 THE SALE OF THAT COVERED PRODUCT IS PROHIBITED IN THIS STATE AND PROVIDE
 THE DEPARTMENT WITH A LIST OF THE NAMES AND ADDRESSES OF THOSE NOTIFIED.
 A. 10620                            4
 
   3.  A  DISTRIBUTOR  OR  RETAILER  OF  A  PRODUCT,  WHO IS NOT ALSO THE
 MANUFACTURER OF THE PRODUCT, SHALL NOT BE  HELD  IN  VIOLATION  OF  THIS
 TITLE  IF IT CAN SHOW THAT HE OR SHE RELIED IN GOOD FAITH ON THE CERTIF-
 ICATE OF COMPLIANCE PROVIDED FOR IN SUBDIVISION ONE OF  SECTION  37-0405
 OF THIS TITLE OR THE RETAILER RECEIVED A NOTIFICATION PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION.
   4.  THE  DEPARTMENT  SHALL  MAKE INFORMATION ABOUT ANY CITATION ISSUED
 PURSUANT TO THIS  SECTION  AVAILABLE  TO  THE  PUBLIC  ON  ITS  INTERNET
 WEBSITE.
   § 2.  This act shall take effect immediately.