S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1430
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A.  FORREST,  RAMOS,  BURDICK,  DAVILA,  COLTON,
   R. CARROLL, ZACCARO, LEVENBERG, GIBBS, KELLES, OTIS, JACKSON,  SAYEGH,
   CLARK,  SHIMSKY,  TAPIA,  BORES, COOK, STECK, BEEPHAN -- read once and
   referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  sale  of  medical  adhesives and bandages 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.  The environmental conservation law is amended by adding a
 new section 37-0123 to read as follows:
 § 37-0123. PROHIBITIONS AGAINST THE SALE OF MEDICAL ADHESIVES AND  BAND-
              AGES    CONTAINING   PERFLUOROALKYL   AND   POLYFLUOROALKYL
              SUBSTANCES.
   1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "MEDICAL  ADHESIVES  AND BANDAGES" MEANS ANY PRODUCT INTENDED FOR
 MEDICAL PURPOSES THAT CONSISTS OF A STRIP OF FABRIC MATERIAL OR PLASTIC,
 COATED ON ONE OR MORE SIDES WITH AN ADHESIVE, AND MAY INCLUDE A  PAD  OF
 SURGICAL DRESSING, AND IS USED TO COVER AND PROTECT WOUNDS, HOLD TOGETH-
 ER  THE  SKIN  EDGES OF A WOUND, SUPPORT AN INJURED PART OF THE BODY, OR
 SECURE OBJECTS TO THE SKIN.
   (B) "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL IN A PRODUCT  THAT
 SERVES  AN INTENDED FUNCTION OR TECHNICAL EFFECT IN THE PRODUCT OR PROD-
 UCT COMPONENT, INCLUDING THE PFAS WITHIN INTENTIONALLY  ADDED  CHEMICALS
 AND  PFAS  THAT  ARE INTENTIONAL BREAKDOWN PRODUCTS OF AN ADDED CHEMICAL
 THAT ALSO HAVE A FUNCTIONAL OR TECHNICAL EFFECT IN THE PRODUCT OR  PROD-
 UCT COMPONENT.
   (C)  "MANUFACTURER"  MEANS A PERSON, FIRM, ASSOCIATION, PARTNERSHIP OR
 CORPORATION:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03943-01-5
 A. 1430                             2
              

 
   (I) THAT MAKES OR WHOSE BRAND NAME IS AFFIXED TO MEDICAL ADHESIVES AND
 BANDAGES; OR
   (II)  IN THE CASE OF MEDICAL ADHESIVES AND BANDAGES THAT WERE IMPORTED
 INTO THE UNITED STATES,  "MANUFACTURER"  MEANS  THE  IMPORTER  OR  FIRST
 DOMESTIC DISTRIBUTOR OF SUCH MEDICAL ADHESIVES AND BANDAGES IF NO PERSON
 WHO  IS  A  MANUFACTURER  WITHIN THE MEANING OF SUBPARAGRAPH (I) OF THIS
 PARAGRAPH HAS A PRESENCE IN THE UNITED STATES.
   (D)  "PERFLUOROALKYL  AND   POLYFLUOROALKYL   SUBSTANCES"   OR   "PFAS
 SUBSTANCES"  MEAN A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT
 LEAST ONE FULLY FLUORINATED CARBON ATOM.
   2. NO PERSON SHALL SELL OR OFFER FOR SALE IN THIS  STATE  ANY  MEDICAL
 ADHESIVES  AND  BANDAGES  CONTAINING  PERFLUOROALKYL AND POLYFLUOROALKYL
 SUBSTANCES AS INTENTIONALLY ADDED CHEMICALS.
   3. NO PERSON THAT SELLS OR OFFERS FOR SALE ANY MEDICAL  ADHESIVES  AND
 BANDAGES  SHALL BE HELD IN VIOLATION OF THIS TITLE IF THEY CAN SHOW THAT
 THEY RELIED IN GOOD FAITH ON THE WRITTEN ASSURANCE OF  THE  MANUFACTURER
 OF  SUCH PRODUCT THAT SUCH PRODUCT MET THE REQUIREMENTS OF THIS SECTION.
 SUCH WRITTEN ASSURANCE SHALL TAKE THE FORM OF A CERTIFICATE  OF  COMPLI-
 ANCE STATING THAT SUCH PRODUCT IS IN COMPLIANCE WITH THE REQUIREMENTS OF
 THIS  SECTION.  THE  CERTIFICATE  OF  COMPLIANCE  SHALL  BE SIGNED BY AN
 AUTHORIZED OFFICIAL OF THE MANUFACTURER.
   4. IN ADDITION TO ANY  OTHER  APPLICABLE  PENALTIES,  IT  SHALL  BE  A
 VIOLATION  OF THIS SECTION TO PROVIDE A CERTIFICATE OF COMPLIANCE PURSU-
 ANT TO SUBDIVISION THREE OF THIS SECTION  WHEN  THE  APPLICABLE  MEDICAL
 ADHESIVES  AND  BANDAGES DO NOT SATISFY THE PROHIBITIONS ON THE PRESENCE
 OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES SET FORTH  IN  SUBDIVI-
 SION TWO OF THIS SECTION.
   §  2. Section 71-3703 of the environmental conservation law is amended
 by adding a new subdivision 8 to read as follows:
   8. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
 PERFORM ANY DUTY IMPOSED BY, SECTION 37-0123 OF THIS CHAPTER OR ANY RULE
 OR  REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE FOR A CIVIL
 PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR  EACH  DAY  DURING  WHICH
 SUCH  VIOLATION  CONTINUES,  AND IN ADDITION THERETO, SUCH PERSON MAY BE
 ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A  SECOND
 VIOLATION  BE  LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT
 TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH  DAY  DURING  WHICH
 SUCH VIOLATION CONTINUES.
   §  3.  This  act  shall take effect December 31, 2026. 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.