NY State Senate Bill 2021-S8188

Senate Bill S8188

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2022	referred to environmental conservation

2021-S8188 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S992

2021-S8188 (ACTIVE) - Summary

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

2021-S8188 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8188

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale and distribution of anti-fogging sprays and wipes
containing perfluoroalkyl and polyfluoroalkyl substances


 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the environmental conservation law, in relating to prohibiting
the sale and distribution of anti-fogging sprays and wipes containing
perfluoroalkyl and polyfluoroalkyl substances

 
SUMMARY OF SPECIFIC PROVISIONS:

Article 37 of the environmental conservation law is amended by adding a
new Title 11.

Section 1 of the bill adds provisions to the environmental conservation

law to ban the sale and distribution of PFAS chemicals in anti-fogging
sprays and wipes, provide for product labeling, and sets violations
punishable by civil penalty not to exceed ten thousand dollars for the
first violation; further violations not to exceed twenty-five thousand
dollars for each violation.

Section 2 provides for severability.

Section 3 is the effective date.

 
JUSTIFICATION:

A new study conducted by Duke University found that many of the top-rat-
ed anti-fogging sprays and wipes used to prevent condensation on
eyeglasses contain high levels of PFAS chemicals. Exposure to some PFAS
chemicals have been linked to many health problems including kidney
cancer, testicular cancer, thyroid disease, birth defects, and fertility
complications. This bill would ban the entire class of PFAS chemicals
from anti-fogging sprays and wipes used in New York.

Anti-fogging sprays and wipes are a key place to look for PFAS chemi-
cals, as they often include fluorotelomer alcohols (FTOHs) and fluoro-
telomer ethoxylates (FTEOs), two types of PFAS chemicals.  Current
research suggests that FTOHs inhaled or absorbed through the skin can
break down in the body and become toxic and long-lasting.  These chemi-
cals can also cause water contamination from disposal.

During the pandemic, as masks cause eyeglasses to fog up at a rapid
rate, people have been using these products daily, raising serious
health concerns.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
December 31, 2022

2021-S8188 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8188
 
                             I N  S E N A T E
 
                             February 1, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 and wipes
   containing perfluoroalkyl and polyfluoroalkyl substances

   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 11 to read as follows:
                                  TITLE 11
               PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
 
 SECTION 37-1101. DEFINITIONS.
         37-1103. APPLICABILITY.
         37-1105. PROHIBITION ON THE SALE AND DISTRIBUTION  OF  ANTI-FOG-
                    GING  SPRAYS  AND WIPES CONTAINING PERFLUOROALKYL AND
                    POLYFLUOROALKYL SUBSTANCES.
         37-1107. PRODUCT LABELING.
         37-1109. PREEMPTION.
         37-1111. RULES AND REGULATIONS.
         37-11113. VIOLATIONS.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "ANTI-FOGGING SPRAYS AND WIPES"  MEANS  ANY  PRODUCT,  INCLUDING  A
 SPRAY,  CLOTH,  WIPE  OR  OTHER  MATERIAL,  THAT  IS INTENDED TO PREVENT
 CONDENSATION ON EYEGLASSES.
   2. "DISTRIBUTOR" MEANS A PERSON,  FIRM,  ASSOCIATION,  PARTNERSHIP  OR
 CORPORATION,  WHO  OR  WHICH  IMPORTS  OR CAUSES TO BE IMPORTED INTO THE
 STATE, ANY PRODUCT CONTAINING PFAS SUBSTANCES.
   3. "INTENTIONALLY ADDED CHEMICAL"  SHALL  HAVE  THE  SAME  MEANING  AS
 SUBDIVISION ELEVEN OF SECTION 37-0901 OF THIS ARTICLE.
   4.  "MANUFACTURER"  MEANS  A PERSON, FIRM, ASSOCIATION, PARTNERSHIP OR
 CORPORATION, WHO OR WHICH MAKES PRODUCTS CONTAINING PFAS SUBSTANCES.
   5.  "PERFLUOROALKYL   AND   POLYFLUOROALKYL   SUBSTANCES"   OR   "PFAS
 SUBSTANCES" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT
 LEAST ONE FULLY FLUORINATED CARBON ATOM.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14411-02-2
 S. 8188                             2
 
   6. "PERSON" MEANS A NATURAL PERSON, CORPORATION, COMPANY, PARTNERSHIP,
 TRUST OR ASSOCIATION.
 § 37-1103. APPLICABILITY.
   THE  PROVISIONS  OF  THIS TITLE SHALL APPLY TO THE DISTRIBUTION, SALE,
 OFFER FOR SALE OR OFFER FOR DISTRIBUTION OF PRODUCTS CONTAINING PERFLUO-
 ROALKYL AND POLYFLUOROALKYL SUBSTANCES ON OR AFTER THE EFFECTIVE DATE OF
 THIS TITLE.
 § 37-1105. PROHIBITION ON THE  SALE  AND  DISTRIBUTION  OF  ANTI-FOGGING
              SPRAYS  AND WIPES CONTAINING PERFLUOROALKYL AND POLYFLUORO-
              ALKYL SUBSTANCES.
   NO PERSON SHALL DISTRIBUTE, SELL, OFFER FOR SALE OR OFFER FOR DISTRIB-
 UTION IN THIS STATE ANTI-FOGGING SPRAYS AND WIPES CONTAINING  PERFLUORO-
 ALKYL AND POLYFLUOROALKYL SUBSTANCES AS INTENTIONALLY ADDED CHEMICALS.
 § 37-1107. PRODUCT LABELING.
   THE  COMMISSIONER  MAY  AUTHORIZE PRODUCT LABELING OF PRODUCTS THAT DO
 NOT CONTAIN  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES  REGULATED
 PURSUANT TO THE PROVISIONS OF THIS TITLE. THE LABEL ON SUCH PRODUCTS MAY
 PROMINENTLY   STATE   "PERFLUOROALKYL   AND   POLYFLUOROALKYL-FREE"   OR
 "PFAS-FREE" TO INFORM  CONSUMERS  THAT  THE  PRODUCT  DOES  NOT  CONTAIN
 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
 § 37-1109. PREEMPTION.
   TO  THE  EXTENT NOT INCONSISTENT WITH FEDERAL LAW, JURISDICTION IN ALL
 MATTERS PERTAINING TO PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUORO-
 ALKYL SUBSTANCES WHICH ARE REGULATED PURSUANT TO THE PROVISIONS OF  THIS
 TITLE SHALL BE VESTED EXCLUSIVELY IN THE STATE.
 § 37-1111. RULES AND REGULATIONS.
   THE  COMMISSIONER  SHALL HAVE THE POWER TO ADOPT RULES AND REGULATIONS
 TO PROVIDE FOR THE EFFECTIVE APPLICATION AND ENFORCEMENT OF THIS TITLE.
 § 37-1113. VIOLATIONS.
   1. A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR OF  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. NO PERSON SHALL BE HELD IN VIOLATION OF THIS TITLE IF  SUCH  PERSON
 CAN  SHOW  THAT,  IN  THE  PURCHASE  OF A PRODUCT FROM A MANUFACTURER OR
 DISTRIBUTOR, SUCH PERSON RELIED IN GOOD FAITH ON THE  WRITTEN  ASSURANCE
 OF THE MANUFACTURER OR DISTRIBUTOR OF SUCH PRODUCT THAT SUCH PRODUCT MET
 THE  REQUIREMENTS  OF THIS TITLE. SUCH WRITTEN ASSURANCE SHALL TAKE SUCH
 FORM AS SHALL BE PRESCRIBED BY THE DEPARTMENT BY REGULATION.
   § 2. Severability. If any clause, sentence, paragraph, subdivision  or
 section  of  this act shall be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate the remainder thereof, but shall be confined in its  operation  to
 the  clause,  sentence,  paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect December  31,  2022.  Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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