S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5648
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04738-01-3
 S. 5648                             2
              

 
   4.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   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.
 S. 5648                             3
 
   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
 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-FIVE, 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:
 S. 5648                             4
 
   (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.
   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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5648--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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, CHILDREN'S PRODUCTS OR CLEAN-
 ING 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04738-03-3
              

 S. 5648--A                          2
 
   4.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   5. "CHILDREN'S PRODUCTS" MEANS A PRODUCT AS DEFINED IN SECTION 37-0901
 OF THIS ARTICLE.
   6. (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.
   7. "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.
   8. "FABRIC TREATMENT" MEANS A SUBSTANCE APPLIED TO A FABRIC FOR STAIN,
 GREASE, OR WATER RESISTANCE.
   9.  "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.
   10.  "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.
 S. 5648--A                          3
 
   11. "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING  SKIS  AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND GLIDE PROPER-
 TIES.
   12.  "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
 NOT LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP,  WOOL,
 VISCOSE,  NYLON,  OR  POLYESTER.   "TEXTILE" DOES NOT INCLUDE SINGLE-USE
 PAPER HYGIENE PRODUCTS, INCLUDING, BUT NOT  LIMITED  TO,  TOILET  PAPER,
 PAPER  TOWELS  OR TISSUES, OR SINGLE-USE ABSORBENT HYGIENE PRODUCTS. FOR
 THE PURPOSES OF  THIS  SUBDIVISION,  "SINGLE-USE"  MEANS  CONVENTIONALLY
 DISPOSED  OF  AFTER A SINGLE USE OR NOT SUFFICIENTLY DURABLE OR WASHABLE
 TO BE, OR NOT INTENDED TO BE, RESUABLE OR REFILLABLE.
   13. "TEXTILE ARTICLES" MEANS  NON-WEARABLE  TEXTILE  GOODS,  FOOTWEAR,
 COSTUMES AND ACCESSORIES.  FOR THE PURPOSES OF THIS TITLE, TEXTILE ARTI-
 CLES DO NOT INCLUDE RUGS OR PERSONAL PROTECTIVE EQUIPMENT.
   14. "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.
 § 37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
   1. COMMENCING ON JANUARY FIRST, TWO THOUSAND  TWENTY-FIVE,  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 SHALL
 PROVIDE PERSONS THAT OFFER THE PRODUCT FOR SALE OR DISTRIBUTION  IN  THE
 STATE  WITH  A  CERTIFICATE OF COMPLIANCE. THE CERTIFICATE OF COMPLIANCE
 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
 S. 5648--A                          4
 
   (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.
   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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5648--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, HARCKHAM, KRUEGER,
   RIVERA, SKOUFIS -- read twice and ordered printed, and when printed to
   be committed to the Committee on Environmental Conservation -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- recommitted to the Committee  on  Environ-
   mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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, CHILDREN'S PRODUCTS, CLEANING
 PRODUCTS, ANTI-FOGGING SPRAYS AND WIPES, 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04738-05-4
              

 S. 5648--B                          2
 
   (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.
   5. "CHILDREN'S PRODUCTS" MEANS A PRODUCT AS DEFINED IN SECTION 37-0901
 OF THIS ARTICLE.
   6. (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.
   7. "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.
   8. "FABRIC TREATMENT" MEANS A SUBSTANCE APPLIED TO A FABRIC FOR STAIN,
 GREASE, OR WATER RESISTANCE.
   9. "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-
 S. 5648--B                          3
 
 TURED  OR  ASSEMBLED  THE  PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE
 PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   10.  "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.
   11. "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING  SKIS  AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND GLIDE PROPER-
 TIES.
   12. "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
 NOT  LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP, WOOL,
 VISCOSE, NYLON, OR POLYESTER.   "TEXTILE" DOES  NOT  INCLUDE  SINGLE-USE
 PAPER  HYGIENE  PRODUCTS,  INCLUDING,  BUT NOT LIMITED TO, TOILET PAPER,
 PAPER TOWELS OR TISSUES, OR SINGLE-USE ABSORBENT HYGIENE  PRODUCTS.  FOR
 THE  PURPOSES  OF  THIS  SUBDIVISION,  "SINGLE-USE" MEANS CONVENTIONALLY
 DISPOSED OF AFTER A SINGLE USE OR NOT SUFFICIENTLY DURABLE  OR  WASHABLE
 TO BE, OR NOT INTENDED TO BE, REUSABLE OR REFILLABLE.
   13.  "TEXTILE  ARTICLES"  MEANS  NON-WEARABLE TEXTILE GOODS, FOOTWEAR,
 COSTUMES AND ACCESSORIES.  FOR THE PURPOSES OF THIS TITLE, TEXTILE ARTI-
 CLES DO NOT INCLUDE RUGS OR PERSONAL PROTECTIVE EQUIPMENT.
   14. "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.
   15.  "ANTI-FOGGING  SPRAYS  AND  WIPES" MEANS_ANY_PRODUCT, INCLUDING_A
 SPRAY, CLOTH, WIPE OR  OTHER  MATERIAL,  THAT  IS  INTENDED  TO  PREVENT
 CONDENSATION ON EYEGLASSES.
 § 37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
   1.  COMMENCING  ON  JANUARY  FIRST, TWO THOUSAND TWENTY-SIX, 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  SHALL
 PROVIDE  PERSONS  THAT OFFER THE PRODUCT FOR SALE OR DISTRIBUTION IN THE
 STATE WITH A CERTIFICATE OF COMPLIANCE. THE  CERTIFICATE  OF  COMPLIANCE
 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
 S. 5648--B                          4
 
 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.
   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.