Senate Bill S8364A

                                 
BILL NUMBER: S8364A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale or offer for sale of any cosmetic product or
personal care product containing PFAS substances

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prohibit the sale of any cosmetic product
or personal care product containing PFAS.

 
SUMMARY OF PROVISIONS:

Section one of this bill would amend § 37-0117 of the environmental
conservation law (ECL) to: prohibit the sale of any cosmetic product or
personal care product containing intentionally added PFAS substances
beginning June 1, 2023; define PFAS to mean a class of fluorinated
organic chemicals containing at least one fully fluorinated carbon atom;
and define intentionally added to have the same meaning as subdivision
              

eleven of § 37-0901 of the ECL.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The "A" print of the bill clarifies that only "intentionally added" PFAS
is prohibited.

 
JUSTIFICATION:

Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chem-
icals, which includes PFOA, PFOS, and GenX. A recent study led by
researchers at the University of Notre Dame found that more than half of
231 cosmetic products tested contained PFAS. These substances can bioac-
cumulate in humans over time and have been linked to cancer, thyroid
disease, liver damage, decreased fertility, and hormone disruption.

First developed in the 1940s, PFAS has been used in a variety of
products including food packaging, nonstick pans, furniture, and fire-
fighting foam. Known as "forever chemicals," PFAS substances typically
do not break down easily and persist for long periods of time in the
environment. Their toxicity and persistence means they have significant
public health and environmental implications.

The Legislature has previously prohibited PFAS chemicals in firefighting
foam and food containers and required the Department of Health to estab-
lish drinking water standards for PFOA and PEGS. This bill would ban the
entire class of PEAS substances from usage in cosmetic and personal care
products sold in New York. This bill represents the next logical step in
PEAS regulation. California's Governor signed similar legislation into
law in September 2020.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect June 1, 2023.