S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4525
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER,  STERN, GONZALEZ-ROJAS, JACOBSON,
   LEVENBERG, SIMON, SIMONE, ROSENTHAL,  COLTON,  REYES,  SHIMSKY,  RAGA,
   CLARK,  SEAWRIGHT, FORREST, OTIS, BURDICK, MAMDANI, MEEKS -- read once
   and referred 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:
 
   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 ANTI-FOGGING SPRAYS OR WIPES
              CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
   1. FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "ANTI-FOGGING  SPRAYS  OR  WIPES"  MEANS ANY PRODUCT, INCLUDING A
 SPRAY, CLOTH, WIPE OR  OTHER  MATERIAL,  THAT  IS  INTENDED  TO  PREVENT
 CONDENSATION ON EYEGLASSES.
   (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:
   (I)  THAT  MAKES OR WHOSE BRAND NAME IS AFFIXED TO ANTI-FOGGING SPRAYS
 OR WIPES; OR
   (II) IN THE CASE OF ANTI-FOGGING SPRAYS OR WIPES  THAT  WERE  IMPORTED
 INTO  THE  UNITED  STATES,  "MANUFACTURER"  MEANS  THE IMPORTER OR FIRST
 DOMESTIC DISTRIBUTOR OF SUCH ANTI-FOGGING SPRAYS OR WIPES IF  NO  PERSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07241-01-5
              

 A. 4525                             2
 
 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" MEANS 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  ANTI-FOGGING
 SPRAYS OR WIPES CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
 AS INTENTIONALLY ADDED CHEMICALS.
   3.  NO PERSON THAT SELLS OR OFFERS FOR SALE ANY ANTI-FOGGING SPRAYS OR
 WIPES 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 AS
 CONTEMPLATED BY SUBDIVISION THREE OF THIS SECTION  WHEN  THE  APPLICABLE
 ANTI-FOGGING  SPRAYS  OR  WIPES  DO  NOT SATISFY THE PROHIBITIONS ON THE
 PRESENCE OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES SET  FORTH  IN
 SUBDIVISION 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.