A 4525: Prohibits the sale and distribution of anti-fogging sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

  
  STATE OF NEW YORK ________________________________________________________________________ 4525 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. GALLAGHER, STERN, GONZALEZ-ROJAS, JACOBSON, LEVENBERG, SIMON, SIMONE, ROSENTHAL, COLTON, REYES, SHIMSKY, RAGA, CLARK, SEAWRIGHT, FORREST, OTIS, BURDICK, MAMDANI, MEEKS -- 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 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: 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 anti-fogging sprays or wipes 4 containing perfluoroalkyl and polyfluoroalkyl substances. 5 1. For the purposes of this section, the following terms shall have 6 the following meanings: 7 (a) "Anti-fogging sprays or wipes" means any product, including a 8 spray, cloth, wipe or other material, that is intended to prevent 9 condensation on eyeglasses. 10 (b) "Intentionally added chemical" means a chemical in a product that 11 serves an intended function or technical effect in the product or prod- 12 uct component, including the PFAS within intentionally added chemicals 13 and PFAS that are intentional breakdown products of an added chemical 14 that also have a functional or technical effect in the product or prod- 15 uct component. 16 (c) "Manufacturer" means a person, firm, association, partnership or 17 corporation: 18 (i) that makes or whose brand name is affixed to anti-fogging sprays 19 or wipes; or 20 (ii) in the case of anti-fogging sprays or wipes that were imported 21 into the United States, "manufacturer" means the importer or first 22 domestic distributor of such anti-fogging sprays or wipes if no person EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07241-01-5 
 A. 4525 2 1 who is a manufacturer within the meaning of subparagraph (i) of this 2 paragraph has a presence in the United States. 3 (d) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS 4 substances" means a class of fluorinated organic chemicals containing at 5 least one fully fluorinated carbon atom. 6 2. No person shall sell or offer for sale in this state anti-fogging 7 sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances 8 as intentionally added chemicals. 9 3. No person that sells or offers for sale any anti-fogging sprays or 10 wipes shall be held in violation of this title if they can show that 11 they relied in good faith on the written assurance of the manufacturer 12 of such product that such product met the requirements of this section. 13 Such written assurance shall take the form of a certificate of compli- 14 ance stating that such product is in compliance with the requirements 15 of this section. The certificate of compliance shall be signed by an 16 authorized official of the manufacturer. 17 4. In addition to any other applicable penalties, it shall be a 18 violation of this section to provide a certificate of compliance as 19 contemplated by subdivision three of this section when the applicable 20 anti-fogging sprays or wipes do not satisfy the prohibitions on the 21 presence of perfluoroalkyl and polyfluoroalkyl substances set forth in 22 subdivision two of this section. 23 § 2. Section 71-3703 of the environmental conservation law is amended 24 by adding a new subdivision 8 to read as follows: 25 8. Any person who violates any of the provisions of, or who fails to 26 perform any duty imposed by section 37-0123 of this chapter or any rule 27 or regulation promulgated pursuant thereto, shall be liable for a civil 28 penalty not to exceed one thousand dollars for each day during which 29 such violation continues, and in addition thereto, such person may be 30 enjoined from continuing such violation. Such person shall for a second 31 violation be liable to the people of the state for a civil penalty not 32 to exceed two thousand five hundred dollars for each day during which 33 such violation continues. 34 § 3. This act shall take effect December 31, 2026. Effective imme- 35 diately, the addition, amendment and/or repeal of any rule or regulation 36 necessary for the implementation of this act on its effective date are 37 authorized and directed to be made and completed on or before such 38 effective date.