A 1430: Prohibits the sale of medical adhesives and bandages containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

  
  STATE OF NEW YORK ________________________________________________________________________ 1430 2025-2026 Regular Sessions  IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. FORREST, RAMOS, BURDICK, DAVILA, COLTON, R. CARROLL, ZACCARO, LEVENBERG, GIBBS, KELLES, OTIS, JACKSON, SAYEGH, CLARK, SHIMSKY, TAPIA, BORES, COOK, STECK, BEEPHAN -- 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: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 37-0123 to read as follows: 3 § 37-0123. Prohibitions against the sale of medical adhesives and band- 4 ages containing perfluoroalkyl and polyfluoroalkyl 5 substances. 6 1. For the purposes of this section, the following terms shall have 7 the following meanings: 8 (a) "Medical adhesives and bandages" means any product intended for 9 medical purposes that consists of a strip of fabric material or plastic, 10 coated on one or more sides with an adhesive, and may include a pad of 11 surgical dressing, and is used to cover and protect wounds, hold togeth- 12 er the skin edges of a wound, support an injured part of the body, or 13 secure objects to the skin. 14 (b) "Intentionally added chemical" means a chemical in a product that 15 serves an intended function or technical effect in the product or prod- 16 uct component, including the PFAS within intentionally added chemicals 17 and PFAS that are intentional breakdown products of an added chemical 18 that also have a functional or technical effect in the product or prod- 19 uct component. 20 (c) "Manufacturer" means a person, firm, association, partnership or 21 corporation: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03943-01-5 
 A. 1430 2 1 (i) that makes or whose brand name is affixed to medical adhesives and 2 bandages; or 3 (ii) in the case of medical adhesives and bandages that were imported 4 into the United States, "manufacturer" means the importer or first 5 domestic distributor of such medical adhesives and bandages if no person 6 who is a manufacturer within the meaning of subparagraph (i) of this 7 paragraph has a presence in the United States. 8 (d) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS 9 substances" mean a class of fluorinated organic chemicals containing at 10 least one fully fluorinated carbon atom. 11 2. No person shall sell or offer for sale in this state any medical 12 adhesives and bandages containing perfluoroalkyl and polyfluoroalkyl 13 substances as intentionally added chemicals. 14 3. No person that sells or offers for sale any medical adhesives and 15 bandages shall be held in violation of this title if they can show that 16 they relied in good faith on the written assurance of the manufacturer 17 of such product that such product met the requirements of this section. 18 Such written assurance shall take the form of a certificate of compli- 19 ance stating that such product is in compliance with the requirements of 20 this section. The certificate of compliance shall be signed by an 21 authorized official of the manufacturer. 22 4. In addition to any other applicable penalties, it shall be a 23 violation of this section to provide a certificate of compliance pursu- 24 ant to subdivision three of this section when the applicable medical 25 adhesives and bandages do not satisfy the prohibitions on the presence 26 of perfluoroalkyl and polyfluoroalkyl substances set forth in subdivi- 27 sion two of this section. 28 § 2. Section 71-3703 of the environmental conservation law is amended 29 by adding a new subdivision 8 to read as follows: 30 8. Any person who violates any of the provisions of, or who fails to 31 perform any duty imposed by, section 37-0123 of this chapter or any rule 32 or regulation promulgated pursuant thereto, shall be liable for a civil 33 penalty not to exceed one thousand dollars for each day during which 34 such violation continues, and in addition thereto, such person may be 35 enjoined from continuing such violation. Such person shall for a second 36 violation be liable to the people of the state for a civil penalty not 37 to exceed two thousand five hundred dollars for each day during which 38 such violation continues. 39 § 3. This act shall take effect December 31, 2026. Effective imme- 40 diately, the addition, amendment and/or repeal of any rule or regulation 41 necessary for the implementation of this act on its effective date are 42 authorized and directed to be made and completed on or before such 43 effective date.