S 187: Prohibits the sale of certain products that contain regulated perfluoroalkyl and polyfluoroalkyl substances; requires manufacturers of products containing PFAS to provide notice of such fact to persons that offer the products for sale or distribution; provides penalties for violations.

  
  STATE OF NEW YORK ________________________________________________________________________ 187 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ 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 certain products that contain regulated 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. Prohibition against the sale of perfluoroalkyl and polyfluo- 4 roalkyl substances in consumer and household products. 5 1. For purposes of this section, the following terms have the follow- 6 ing definitions: 7 (a) "Covered product" means textile articles, rugs, fabric treatments, 8 ski waxes, architectural paints, cleaning products, dental floss, or a 9 component thereof. 10 (b) "Regulated perfluoroalkyl and polyfluoroalkyl substances" or 11 "regulated PFAS" means PFAS that are any of the following: 12 (i) an intentionally added chemical as defined in subdivision four of 13 section 37-0121 of this title; or 14 (ii) present in a product or product component at or above a level 15 that the department shall establish by regulation, as measured in total 16 organic fluorine, that is the lowest level that can feasibly be 17 achieved; provided, however, that the department shall review such level 18 at least every five years to determine whether it should be lowered. 19 (c) "Architectural paint" means interior and exterior architectural 20 coatings; provided, however, that "architectural paint" shall not 21 include industrial, original equipment or specialty coatings. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00719-01-5 
 S. 187 2 1 (d) "Cleaning product" means a finished product that is an air care 2 product, automotive product, general cleaning product, or a polish or 3 floor maintenance product used primarily for janitorial, domestic, or 4 institutional cleaning purposes. "Cleaning product" shall not mean any 5 of the following: 6 (i) foods, drugs, cosmetics and personal care products as defined in 7 section 37-0117 of this title; or 8 (ii) industrial products specifically manufactured for, and exclusive- 9 ly used in the following: oil and gas production; steel production; 10 heavy industry manufacturing; industrial water treatment; industrial 11 textile maintenance and processing other than industrial laundering; 12 food and beverage processing and packaging; or other industrial manufac- 13 turing processes. 14 (e) "Air care product" means a chemically formulated consumer product 15 labeled to indicate that the purpose of the product is to enhance or 16 condition the indoor environment by eliminating unpleasant odors or 17 freshening the air. 18 (f) "Automotive product" means a chemically formulated consumer prod- 19 uct labeled to indicate that the purpose of the product is to maintain 20 the appearance of a motor vehicle, as defined in section one hundred 21 twenty-five of the vehicle and traffic law, including products for wash- 22 ing, waxing, polishing, cleaning, or treating the exterior or interior 23 surfaces of motor vehicles. "Automotive product" does not include auto- 24 motive paint or paint repair products. 25 (g) "General cleaning product" means a soap, detergent, or other chem- 26 ically formulated consumer product labeled to indicate that the purpose 27 of the product is to clean, disinfect, or otherwise care for fabric, 28 dishes, or other wares; surfaces including, but not limited to, floors, 29 furniture, countertops, showers, and baths; or other hard surfaces, such 30 as stovetops, microwaves, and other appliances. 31 (h) "Polish or floor maintenance product" means a chemically formu- 32 lated consumer product, such as polish, wax, a stripper, or a restorer, 33 labeled to indicate that the purpose of the product is to polish, 34 protect, buff, condition, temporarily seal, strip, or maintain furni- 35 ture, floors, metal, leather, or other surfaces. 36 (i) "Fabric treatment" means a substance applied to a fabric for 37 stain, grease, or water resistance. 38 (j) "Manufacturer" means a person, firm, association, partnership or 39 corporation: 40 (i) that produces or manufactures a covered product or whose brand 41 name is affixed to the covered product; or 42 (ii) in the case of a covered product imported into the United States, 43 "manufacturer" means the importer or first domestic distributor of the 44 product if the person that manufactured or assembled the covered product 45 or whose brand name is affixed to the product does not have a presence 46 in the United States. 47 (k) "Rugs" means any consumer products made from natural or synthetic 48 fabric intended to be used as a floor covering, other than carpets, and 49 includes handmade rugs, area rugs, or mats. "Rug" does not include a 50 rug or mat intended solely for use inside: (i) a motor vehicle, as 51 defined by section one hundred twenty-five of the vehicle and traffic 52 law; (ii) a vessel, as defined by section two of the navigation law; or 53 (iii) an aircraft, as defined by section two hundred and forty of the 54 general business law. 
 S. 187 3 1 (l) "Ski wax" means a lubricant applied to the bottom of snow runners, 2 including skis and snowboards, to improve their grip and glide proper- 3 ties. 4 (m) "Textile" means any item made in whole or in part from a natural, 5 man-made, or synthetic fiber, yarn, or fabric. Textile includes, but is 6 not limited to, the following: leather, cotton, silk, jute, hemp, wool, 7 viscose, nylon, or polyester. "Textile" does not include single-use 8 paper hygiene products, including, but not limited to, toilet paper, 9 paper towels or tissues, or single-use absorbent hygiene products. For 10 the purposes of this subdivision, "single-use" means conventionally 11 disposed of after a single use or not sufficiently durable or washable 12 to be, or not intended to be, reusable or refillable. 13 (n) "Textile articles" means textile goods customarily used in house- 14 holds and businesses including, but not limited to, handbags, luggage, 15 backpacks, footwear, costumes and accessories, draperies, shower 16 curtains, furnishings, upholstery, beddings, towels, napkins, and table- 17 cloths. For the purposes of this section, "textile article" does not 18 include (i) rugs; (ii) personal protective equipment, including for 19 medical purposes; (iii) items covered by section 37-0121 of this arti- 20 cle; or (iv) any textile good intended solely for use inside: (A) a 21 motor vehicle, as defined by section one hundred twenty-five of the 22 vehicle and traffic law; (B) a vessel, as defined by section two of the 23 navigation law; (C) an aircraft, as defined by section two hundred and 24 forty of the general business law; or (D) textile articles used for 25 laboratory analysis and testing. 26 (o) "Dental floss" means a thread, cord, string or similar material 27 that is used for cleaning between teeth. Dental floss includes floss 28 picks and other flossing tools. 29 2. (a) No person shall sell or offer for sale in the state any covered 30 product that contains regulated perfluoroalkyl and polyfluoroalkyl 31 substances pursuant to subparagraph (i) of paragraph (b) of subdivision 32 one of this section. 33 (b) Commencing on January first, two thousand twenty-seven, no person 34 shall sell or offer for sale in the state any covered product that 35 contains regulated perfluoroalkyl and polyfluoroalkyl substances pursu- 36 ant to subparagraph (ii) of paragraph (b) of subdivision one of this 37 section. 38 (c) The prohibition, sale or offer of sale under this section does not 39 apply to the sale or resale of used products. 40 3. (a) A manufacturer of a covered product sold into the state shall 41 provide persons that offer the product for sale in the state with a 42 certificate of compliance. The certificate of compliance shall provide 43 assurance, at a minimum, that the product does not contain any regulated 44 PFAS. Any certificate of compliance provided under this paragraph shall 45 be signed by an authorized official of the manufacturer. 46 (b) In addition to any other applicable penalties, it shall be a 47 violation of this section to provide a certificate of compliance under 48 paragraph (a) of this subdivision when a product is knowingly in 49 violation of the requirements of this section. 50 4. If the department has reason to believe that a covered product 51 contains regulated perfluoroalkyl and polyfluoroalkyl substances and is 52 being sold or offered for sale in violation of this section, the 53 manufacturer of the covered product within thirty days shall: 54 (a) provide the department with independent, third-party laboratory 55 test results demonstrating that the covered product does not contain 56 regulated PFAS; or 
 S. 187 4 1 (b) notify persons who sell that covered product in this state that 2 the sale of that covered product is prohibited in this state and provide 3 the department with a list of the names and addresses of those notified. 4 5. A retailer of a product, who is not also the manufacturer of the 5 product, shall not be held in violation of this section if it can show 6 that such retailer relied in good faith on the certificate of compliance 7 provided for in paragraph (a) of subdivision three of this section. 8 § 2. Section 71-3703 of the environmental conservation law is amended 9 by adding a new subdivision 8 to read as follows: 10 8. Any person who violates any of the provisions of, or who fails to 11 perform any duty imposed by section 37-0123 of this chapter or any rule 12 or regulation promulgated pursuant thereto, shall be liable for a civil 13 penalty not to exceed one thousand dollars for each day, and in addition 14 thereto, such person may be enjoined from continuing such violation. 15 Such person shall for a second violation be liable to the people of the 16 state for a civil penalty not to exceed two thousand five hundred 17 dollars. 18 § 3. Subparagraphs (lx), (lxi), (lxii), (lxiii), (lxiv), (lxv), 19 (lxvi), (lxvii), (lxviii), (lxix), (lxx), (lxxi), (lxxii), (lxxiii), 20 (lxxiv), (lxxv), (lxxvi) and (lxxvii) of paragraph (b) of subdivision 1 21 of section 37-0905 of the environmental conservation law, as added by 22 section 1 of subpart AA of part XX of chapter 55 of the laws of 2020, 23 are amended to read as follows: 24 (lx) [Perfluorooctanoic acid (PFOA & related substances) (CAS 25 335-67-1)] Perfluoroalkyl and polyfluoroalkyl substances as defined in 26 section 37-0101 of this article 27 (lxi) [Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 28 1763-23-1) 29 (lxii)] Phenol (CAS 108-95-2) 30 [(lxiii)] (lxii) Phenol, 4-octyl- (CAS 1806-26-4) 31 [(lxiv)] (lxiii) P-hydroxybenzoic acid (CAS 99-96-7) 32 [(lxv)] (lxiv) Propyl paraben (CAS 94-13-3) 33 [(lxvi)] (lxv) Styrene (CAS 100-42-5) 34 [(lxvii)] (lxvi) Tetrabromobisphenol A (CAS 79-94-7) 35 [(lxviii)] (lxvii) Tetrachloroethene (CAS 127-18-4) 36 [(lxix)] (lxviii) Toluene (CAS 108-88-3) 37 [(lxx)] (lxix) Tricresyl phosphate (TCP) (CAS 1330-78-5) 38 [(lxxi)] (lxx) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8) 39 [(lxxii)] (lxxi) Triphenyl phosphate (TPP) (CAS 115-86-6) 40 [(lxxiii)] (lxxii) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 41 13674-84-5) 42 [(lxxiv)] (lxxiii) Tris(2-chloroethyl) phosphate (CAS 115-96-8) 43 [(lxxv)] (lxxiv) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7) 44 [(lxxvi)] (lxxv) Vinyl chloride (CAS 75-01-4) 45 [(lxxvii)] (lxxvi) Organohalogen flame retardants 46 § 4. Paragraph (a) of subdivision 2 of section 37-0905 of the environ- 47 mental conservation law is amended by adding a new subparagraph (viii) 48 to read as follows: 49 (viii) Perfluoroalkyl and polyfluoroalkyl substances 50 § 5. This act shall take effect January 1, 2027. Effective immediate- 51 ly, the addition, amendment and/or repeal of any rule or regulation 52 necessary for the implementation of this act on its effective date are 53 authorized to be made and completed on or before such effective date.