Assembly Bill A5363A

2023-2024 Legislative Session

Prohibits the sale and distribution of anti-fogging sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A5363 - Details

Current Committee:
Assembly Codes
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L

2023-A5363 - Summary

Prohibits the sale and distribution of anti-fogging sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

2023-A5363 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5363
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting the sale and distribution of anti-fogging sprays and wipes
   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. Article 37 of the environmental conservation law is amended
 by adding a new title 11 to read as follows:
                                  TITLE 11
               PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
 
 SECTION 37-1101. DEFINITIONS.
         37-1103. APPLICABILITY.
         37-1105. PROHIBITION ON THE SALE AND DISTRIBUTION  OF  ANTI-FOG-
                    GING  SPRAYS  AND WIPES CONTAINING PERFLUOROALKYL AND
                    POLYFLUOROALKYL SUBSTANCES.
         37-1107. PRODUCT LABELING.
         37-1109. PREEMPTION.
         37-1111. RULES AND REGULATIONS.
         37-11113. VIOLATIONS.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "ANTI-FOGGING SPRAYS AND WIPES"  MEANS  ANY  PRODUCT,  INCLUDING  A
 SPRAY,  CLOTH,  WIPE  OR  OTHER  MATERIAL,  THAT  IS INTENDED TO PREVENT
 CONDENSATION ON EYEGLASSES.
   2. "DISTRIBUTOR" MEANS A PERSON,  FIRM,  ASSOCIATION,  PARTNERSHIP  OR
 CORPORATION,  WHO  OR  WHICH  IMPORTS  OR CAUSES TO BE IMPORTED INTO THE
 STATE, ANY PRODUCT CONTAINING PFAS SUBSTANCES.
   3. "INTENTIONALLY ADDED CHEMICAL"  SHALL  HAVE  THE  SAME  MEANING  AS
 SUBDIVISION ELEVEN OF SECTION 37-0901 OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04073-01-3
              

co-Sponsors

2023-A5363A - Details

Current Committee:
Assembly Codes
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L

2023-A5363A - Summary

Prohibits the sale and distribution of anti-fogging sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

2023-A5363A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5363--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M. of A. GALLAGHER, FAHY, THIELE, STERN, GONZALEZ-ROJAS,
   JACOBSON, LEVENBERG, SIMON, SIMONE -- read once and  referred  to  the
   Committee  on Environmental Conservation -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the sale and distribution of anti-fogging sprays and wipes
   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. Article 37 of the environmental conservation law is amended
 by adding a new title 11 to read as follows:
                                  TITLE 11
  PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES IN ANTI-FOGGING PRODUCTS
 
 SECTION 37-1101. DEFINITIONS.
         37-1103. APPLICABILITY.
         37-1105. PROHIBITION  ON  THE SALE AND DISTRIBUTION OF ANTI-FOG-
                    GING SPRAYS AND WIPES CONTAINING  PERFLUOROALKYL  AND
                    POLYFLUOROALKYL SUBSTANCES.
         37-1107. PRODUCT LABELING.
         37-1109. PREEMPTION.
         37-1111. RULES AND REGULATIONS.
         37-1113. VIOLATIONS.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "ANTI-FOGGING  SPRAYS  AND  WIPES"  MEANS ANY PRODUCT, INCLUDING A
 SPRAY, CLOTH, WIPE OR  OTHER  MATERIAL,  THAT  IS  INTENDED  TO  PREVENT
 CONDENSATION ON EYEGLASSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04073-05-3
 A. 5363--A                          2

              

co-Sponsors

2023-A5363B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L

2023-A5363B (ACTIVE) - Summary

Prohibits the sale and distribution of anti-fogging sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

2023-A5363B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5363--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M. of A. GALLAGHER, FAHY, THIELE, STERN, GONZALEZ-ROJAS,
   JACOBSON, LEVENBERG, SIMON, SIMONE, L. ROSENTHAL, COLTON, REYES, SHIM-
   SKY, RAGA, CLARK, SEAWRIGHT, FORREST -- read once and referred to  the
   Committee  on Environmental Conservation -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  recommitted to the Committee on Environmental Conservation in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the sale and distribution of anti-fogging sprays or wipes
   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 37-0123 to read as follows:
 § 37-0123. PROHIBITIONS AGAINST THE SALE OF ANTI-FOGGING SPRAYS OR WIPES
              CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
   1. FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "ANTI-FOGGING  SPRAYS  OR  WIPES"  MEANS ANY PRODUCT, INCLUDING A
 SPRAY, CLOTH, WIPE OR  OTHER  MATERIAL,  THAT  IS  INTENDED  TO  PREVENT
 CONDENSATION ON EYEGLASSES.
   (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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04073-12-4
              

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