S 9268: Prohibits the sale and distribution of anti-fogging sprays or wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

  
  STATE OF NEW YORK ________________________________________________________________________ 9268  IN SENATE February 20, 2026 ___________ Introduced by Sen. FAHY -- read twice and ordered printed, and when printed to be committed 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 37-0125 to read as follows: 3 § 37-0125. 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" shall have the same meaning as 11 subdivision four of section 37-0121 of this title. 12 (c) "Manufacturer" means a person, firm, association, partnership or 13 corporation: 14 (i) that produces or whose brand name is affixed to anti-fogging 15 sprays or wipes; or 16 (ii) in the case of anti-fogging sprays or wipes that were imported 17 into the United States, "manufacturer" means the importer or first 18 domestic distributor of such anti-fogging sprays or wipes if no person 19 who is a manufacturer within the meaning of subparagraph (i) of this 20 paragraph has a presence in the United States. 21 (d) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS 22 substances" means a class of fluorinated organic chemicals containing at 23 least one fully fluorinated carbon atom. 24 2. After December thirty-first, two thousand twenty-six, no person 25 shall sell or offer for sale in this state anti-fogging sprays or wipes 26 containing perfluoroalkyl and polyfluoroalkyl substances as inten- 27 tionally added chemicals or that contain perfluoroalkyl and polyfluoro- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07241-03-5 
 S. 9268 2 1 alkyl substances at or above a level that the department shall establish 2 in regulation. 3 3. No person that sells or offers for sale any anti-fogging sprays or 4 wipes shall be held in violation of this section if they can show that 5 they relied in good faith on the written assurance of the manufacturer 6 of such product that such product met the requirements of this section. 7 Such written assurance shall take the form of a certificate of compli- 8 ance stating that such product is in compliance with the requirements 9 of this section. The certificate of compliance shall be signed by an 10 authorized official of the manufacturer. 11 4. In addition to any other applicable penalties, it shall be a 12 violation of this section to provide a certificate of compliance as 13 contemplated by subdivision three of this section when the applicable 14 anti-fogging sprays or wipes do not satisfy the prohibitions on the 15 presence of perfluoroalkyl and polyfluoroalkyl substances set forth in 16 subdivision two of this section. 17 § 2. Section 71-3703 of the environmental conservation law is amended 18 by adding a new subdivision 8 to read as follows: 19 8. Any person who violates any of the provisions of, or who fails to 20 perform any duty imposed by section 37-0125 of this chapter or any rule 21 or regulation promulgated pursuant thereto, shall be liable for a civil 22 penalty not to exceed one thousand dollars for each day during which 23 such violation continues, and in addition thereto, such person may be 24 enjoined from continuing such violation. Such person shall for a second 25 violation be liable to the people of the state for a civil penalty not 26 to exceed two thousand five hundred dollars for each day during which 27 such violation continues. 28 § 3. This act shall take effect immediately. Effective immediately, 29 the addition, amendment and/or repeal of any rule or regulation neces- 30 sary for the implementation of this act on its effective date are 31 authorized and directed to be made and completed on or before such 32 effective date.