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
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.
4. "MANUFACTURER" MEANS A PERSON, FIRM, ASSOCIATION, PARTNERSHIP OR
CORPORATION, WHO OR WHICH MAKES PRODUCTS CONTAINING PFAS SUBSTANCES.
5. "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS
SUBSTANCES" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT
LEAST ONE FULLY FLUORINATED CARBON ATOM.
6. "PERSON" MEANS A NATURAL PERSON, CORPORATION, COMPANY, PARTNERSHIP,
TRUST OR ASSOCIATION.
§ 37-1103. APPLICABILITY.
THE PROVISIONS OF THIS TITLE SHALL APPLY TO THE DISTRIBUTION, SALE,
OFFER FOR SALE OR OFFER FOR DISTRIBUTION OF PRODUCTS CONTAINING PERFLUO-
ROALKYL AND POLYFLUOROALKYL SUBSTANCES ON OR AFTER THE EFFECTIVE DATE OF
THIS TITLE.
§ 37-1105. PROHIBITION ON THE SALE AND DISTRIBUTION OF ANTI-FOGGING
SPRAYS AND WIPES CONTAINING PERFLUOROALKYL AND POLYFLUORO-
ALKYL SUBSTANCES.
NO PERSON SHALL DISTRIBUTE, SELL, OFFER FOR SALE OR OFFER FOR DISTRIB-
UTION IN THIS STATE ANTI-FOGGING SPRAYS AND WIPES CONTAINING PERFLUORO-
ALKYL AND POLYFLUOROALKYL SUBSTANCES AS INTENTIONALLY ADDED CHEMICALS.
§ 37-1107. PRODUCT LABELING.
THE COMMISSIONER MAY AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT DO
NOT CONTAIN PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES REGULATED
PURSUANT TO THE PROVISIONS OF THIS TITLE. THE LABEL ON SUCH PRODUCTS MAY
PROMINENTLY STATE "PERFLUOROALKYL AND POLYFLUOROALKYL-FREE" OR
"PFAS-FREE" TO INFORM CONSUMERS THAT THE PRODUCT DOES NOT CONTAIN
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
§ 37-1109. PREEMPTION.
TO THE EXTENT NOT INCONSISTENT WITH FEDERAL LAW, JURISDICTION IN ALL
MATTERS PERTAINING TO PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUORO-
ALKYL SUBSTANCES WHICH ARE REGULATED PURSUANT TO THE PROVISIONS OF THIS
TITLE SHALL BE VESTED EXCLUSIVELY IN THE STATE.
§ 37-1111. RULES AND REGULATIONS.
THE COMMISSIONER SHALL HAVE THE POWER TO ADOPT RULES AND REGULATIONS
TO PROVIDE FOR THE EFFECTIVE APPLICATION AND ENFORCEMENT OF THIS TITLE.
§ 37-1113. VIOLATIONS.
1. A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR OF 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. NO PERSON SHALL BE HELD IN VIOLATION OF THIS TITLE IF SUCH PERSON
CAN SHOW THAT, IN THE PURCHASE OF A PRODUCT FROM A MANUFACTURER OR
DISTRIBUTOR, SUCH PERSON RELIED IN GOOD FAITH ON THE WRITTEN ASSURANCE
OF THE MANUFACTURER OR DISTRIBUTOR OF SUCH PRODUCT THAT SUCH PRODUCT MET
THE REQUIREMENTS OF THIS TITLE. SUCH WRITTEN ASSURANCE SHALL TAKE SUCH
FORM AS SHALL BE PRESCRIBED BY THE DEPARTMENT BY REGULATION.
§ 2. Severability. If any clause, sentence, paragraph, subdivision or
section of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair, or inval-
idate the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, subdivision, section or part thereof
A. 5363--A 3
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 3. This act shall take effect December 31, 2024. 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 to be made and completed on or before such effective date.