NY State Senate Bill 2021-S8364A

Senate Bill S8364A

2021-2022 Legislative Session

Prohibits the sale or offer for sale of any cosmetic product or personal care product containing PFAS substances

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2022	print number 8364a
May 19, 2022	amend and recommit to environmental conservation
Feb 16, 2022	referred to environmental conservation

Bill Amendments

Original

A (Active)

2021-S8364 - Details

See Assembly Version of this Bill:: A8363
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §37-0117, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S4171, A4600

2021-S8364 - Summary

Prohibits the sale or offer for sale of any cosmetic product or personal care product containing PFAS substances.

2021-S8364 - Sponsor Memo

                                 
BILL NUMBER: S8364

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale or offer for sale of any cosmetic product or
personal care product containing PFAS substances

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prohibit the sale of any cosmetic product
or personal care product containing PFAS.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends § 37-0117 of the ECL to: prohibit the
sale o any cosmetic product or personal care product containing PFAS
substances beginning June 1, 2023; and define PFAS to mean a class of
fluorinated organic chemicals containing at least one fully fluorinated
carbon atom.

 
JUSTIFICATION:

Per- and pclyfluoroalkyl substances (PFAS) are a class of man-made chem-
icals, which includes PFOA, PFOS, and GenX. A recent study led by
researchers at the University of Notre Dame found that more than half of
231 cosmetic products tested contained PFAS. These substances can bioac-
cumulate in humans over time and have been linked to cancer, thyroid
disease, liver damage, decreased fertility, and hormone disruption.

First developed in the 1940s, PFAS has been used in a variety of
products including food packaging, nonstick pans, furniture, and fire-
fighting foam. Known as "forever chemicals," PFAS substances typically
do not break down easily and persist for long periods of time in the
environment. Their toxicity and persistence means they have signifioduL
public health and environmental implications.

The Legislature has previously prohibited PFAS chemicals in firefighting
foam and food containers and required the Department of Health to estab-
lish drinking water standards for PFOA and PFOS. This bill would ban the
entire class of PFAS substances from usage in cosmetic and personal care
products sold in New York. This bill represents the next logical step in
PFAS regulation. California's Governor signed similar legislation into
law in September 2020.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect June 1, 2023.

2021-S8364 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8364
 
                             I N  S E N A T E
 
                             February 16, 2022
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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  or  offer  for sale of any cosmetic product or
   personal care product containing PFAS substances

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of section 37-0117 of the environmental
 conservation  law,  as  amended  by  chapter  44 of the laws of 2020, is
 amended and a new subdivision 8 is added to read as follows:
 Prohibition of cosmetic products and personal care  products  containing
                1,4-dioxane OR PFAS SUBSTANCES.
   8.  NO  PERSON  SHALL  SELL  OR OFFER FOR SALE ANY COSMETIC PRODUCT OR
 PERSONAL CARE PRODUCT CONTAINING PFAS SUBSTANCES. FOR  THE  PURPOSES  OF
 THIS  SUBDIVISION,  "PFAS  SUBSTANCES" SHALL MEAN A CLASS OF FLUORINATED
 ORGANIC CHEMICALS CONTAINING AT LEAST ONE FULLY FLUORINATED CARBON ATOM.
   § 2. This act shall take effect June 1, 2023; provided, however,  that
 if  chapter  613  of  the laws of 2019 shall not have taken effect on or
 before such date then section one of this act shall take effect  on  the
 same  date  and  in  the same manner as such chapter of the laws of 2019
 takes effect.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11851-01-1

2021-S8364A (ACTIVE) - Details

See Assembly Version of this Bill:: A8363
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §37-0117, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S4171, A4600

2021-S8364A (ACTIVE) - Summary

Prohibits the sale or offer for sale of any cosmetic product or personal care product containing PFAS substances.

2021-S8364A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8364A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale or offer for sale of any cosmetic product or
personal care product containing PFAS substances

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prohibit the sale of any cosmetic product
or personal care product containing PFAS.

 
SUMMARY OF PROVISIONS:

Section one of this bill would amend § 37-0117 of the environmental
conservation law (ECL) to: prohibit the sale of any cosmetic product or
personal care product containing intentionally added PFAS substances
beginning June 1, 2023; define PFAS to mean a class of fluorinated
organic chemicals containing at least one fully fluorinated carbon atom;
and define intentionally added to have the same meaning as subdivision

eleven of § 37-0901 of the ECL.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The "A" print of the bill clarifies that only "intentionally added" PFAS
is prohibited.

 
JUSTIFICATION:

Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chem-
icals, which includes PFOA, PFOS, and GenX. A recent study led by
researchers at the University of Notre Dame found that more than half of
231 cosmetic products tested contained PFAS. These substances can bioac-
cumulate in humans over time and have been linked to cancer, thyroid
disease, liver damage, decreased fertility, and hormone disruption.

First developed in the 1940s, PFAS has been used in a variety of
products including food packaging, nonstick pans, furniture, and fire-
fighting foam. Known as "forever chemicals," PFAS substances typically
do not break down easily and persist for long periods of time in the
environment. Their toxicity and persistence means they have significant
public health and environmental implications.

The Legislature has previously prohibited PFAS chemicals in firefighting
foam and food containers and required the Department of Health to estab-
lish drinking water standards for PFOA and PEGS. This bill would ban the
entire class of PEAS substances from usage in cosmetic and personal care
products sold in New York. This bill represents the next logical step in
PEAS regulation. California's Governor signed similar legislation into
law in September 2020.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect June 1, 2023.

2021-S8364A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8364--A
 
                             I N  S E N A T E
 
                             February 16, 2022
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the sale or offer for sale  of  any  cosmetic  product  or
   personal care product containing PFAS substances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of section 37-0117 of the environmental
 conservation law, as amended by chapter 44  of  the  laws  of  2020,  is
 amended and a new subdivision 8 is added to read as follows:
 Prohibition  of  cosmetic products and personal care products containing
                1,4-dioxane OR PFAS SUBSTANCES.
   8. NO PERSON SHALL SELL OR OFFER FOR  SALE  ANY  COSMETIC  PRODUCT  OR
 PERSONAL  CARE  PRODUCT  CONTAINING INTENTIONALLY ADDED PFAS SUBSTANCES.
 FOR THE PURPOSES OF THIS SUBDIVISION, "PFAS  SUBSTANCES"  SHALL  MEAN  A
 CLASS  OF  FLUORINATED  ORGANIC  CHEMICALS CONTAINING AT LEAST ONE FULLY
 FLUORINATED CARBON ATOM AND "INTENTIONALLY ADDED" SHALL  HAVE  THE  SAME
 MEANING  AS  "INTENTIONALLY  ADDED  CHEMICAL"  IN  SUBDIVISION ELEVEN OF
 SECTION 37-0901 OF  THIS  ARTICLE.
   § 2. This act shall take effect June 1, 2023; provided, however,  that
 if  chapter  613  of  the laws of 2019 shall not have taken effect on or
 before such date then section one of this act shall take effect  on  the
 same  date  and  in  the same manner as such chapter of the laws of 2019
 takes effect.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11851-03-2

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