Assembly Bill A10184

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10184
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Forrest) --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  sale  of  medical  adhesives and bandages containing
   perfluoroalkyl and polyfluoroalkyl substances

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 37-0124 to read as follows:
 § 37-0124. PROHIBITIONS AGAINST THE SALE OF MEDICAL ADHESIVES AND  BAND-
              AGES    CONTAINING   PERFLUOROALKYL   AND   POLYFLUOROALKYL
              SUBSTANCES.
   1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "MEDICAL  ADHESIVES  AND BANDAGES" MEANS ANY PRODUCT INTENDED FOR
 MEDICAL PURPOSES THAT CONSISTS OF A STRIP OF FABRIC MATERIAL OR PLASTIC,
 COATED ON ONE OR MORE SIDES WITH AN ADHESIVE, AND MAY INCLUDE A  PAD  OF
 SURGICAL DRESSING, AND IS USED TO COVER AND PROTECT WOUNDS, HOLD TOGETH-
 ER  THE  SKIN  EDGES OF A WOUND, SUPPORT AN INJURED PART OF THE BODY, OR
 SECURE OBJECTS TO THE SKIN.
   (B) "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL IN A PRODUCT  THAT
 SERVES  AN INTENDED FUNCTION OR TECHNICAL EFFECT IN THE PRODUCT OR PROD-
 UCT COMPONENT, INCLUDING THE PFAS WITHIN INTENTIONALLY  ADDED  CHEMICALS
 AND  PFAS  THAT  ARE INTENTIONAL BREAKDOWN PRODUCTS OF AN ADDED CHEMICAL
 THAT ALSO HAVE A FUNCTIONAL OR TECHNICAL EFFECT IN THE PRODUCT OR  PROD-
 UCT COMPONENT.
   (C)  "MANUFACTURER"  MEANS A PERSON, FIRM, ASSOCIATION, PARTNERSHIP OR
 CORPORATION:
   (I) THAT MAKES OR WHOSE BRAND NAME IS AFFIXED TO MEDICAL ADHESIVES AND
 BANDAGES; OR
   (II) IN THE CASE OF MEDICAL ADHESIVES AND BANDAGES THAT WERE  IMPORTED
 INTO  THE  UNITED  STATES,  "MANUFACTURER"  MEANS  THE IMPORTER OR FIRST
 DOMESTIC DISTRIBUTOR OF SUCH MEDICAL ADHESIVES AND BANDAGES IF NO PERSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15331-01-4
              

 A. 10184                            2
 
 WHO IS A MANUFACTURER WITHIN THE MEANING OF  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH HAS A PRESENCE IN THE UNITED STATES.
   (D)   "PERFLUOROALKYL   AND   POLYFLUOROALKYL   SUBSTANCES"  OR  "PFAS
 SUBSTANCES" MEAN A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT
 LEAST ONE FULLY FLUORINATED CARBON ATOM.
   2.  NO  PERSON  SHALL SELL OR OFFER FOR SALE IN THIS STATE ANY MEDICAL
 ADHESIVES AND BANDAGES  CONTAINING  PERFLUOROALKYL  AND  POLYFLUOROALKYL
 SUBSTANCES AS INTENTIONALLY ADDED CHEMICALS.
   3.  NO  PERSON THAT SELLS OR OFFERS FOR SALE ANY MEDICAL ADHESIVES AND
 BANDAGES SHALL BE HELD IN VIOLATION OF THIS TITLE IF THEY CAN SHOW  THAT
 THEY  RELIED  IN GOOD FAITH ON THE WRITTEN ASSURANCE OF THE MANUFACTURER
 OF SUCH PRODUCT THAT SUCH PRODUCT MET THE REQUIREMENTS OF THIS  SECTION.
 SUCH  WRITTEN  ASSURANCE SHALL TAKE THE FORM OF A CERTIFICATE OF COMPLI-
 ANCE STATING THAT SUCH PRODUCT IS IN COMPLIANCE WITH THE REQUIREMENTS OF
 THIS SECTION. THE CERTIFICATE  OF  COMPLIANCE  SHALL  BE  SIGNED  BY  AN
 AUTHORIZED OFFICIAL OF THE MANUFACTURER.
   4.  IN  ADDITION  TO  ANY  OTHER  APPLICABLE  PENALTIES, IT SHALL BE A
 VIOLATION OF THIS SECTION TO PROVIDE A CERTIFICATE OF COMPLIANCE  PURSU-
 ANT  TO  SUBDIVISION  THREE  OF THIS SECTION WHEN THE APPLICABLE MEDICAL
 ADHESIVES AND BANDAGES DO NOT SATISFY THE PROHIBITIONS ON  THE  PRESENCE
 OF  PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES SET FORTH IN SUBDIVI-
 SION TWO OF THIS SECTION.
   § 2. Section 71-3703 of the environmental conservation law is  amended
 by adding a new subdivision 8 to read as follows:
   8.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
 PERFORM ANY DUTY IMPOSED BY, SECTION 37-0124 OF THIS CHAPTER OR ANY RULE
 OR REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE FOR A  CIVIL
 PENALTY  NOT  TO  EXCEED  ONE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH  PERSON  MAY  BE
 ENJOINED  FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND
 VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL  PENALTY  NOT
 TO  EXCEED  TWO  THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES.
   § 3. This act shall take effect December  31,  2025.  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.