N.Y. Environmental Conservation Law § 37-0121: Prohibition against the use of perfluoroalkyl and polyfluoroalkyl substances in apparel and outdoor apparel for severe wet conditions

§ 37-0121. Prohibition against the use of perfluoroalkyl and

polyfluoroalkyl substances in apparel and outdoor apparel for severe wet

conditions.

1. After January first, two thousand twenty-five, no person shall sell

or offer for sale in this state any new, not previously used, apparel

containing perfluoroalkyl and polyfluoroalkyl substances as

intentionally added chemicals.

2. In addition to the provisions of subdivision one of this section,

one year after the department's adoption of the regulations required by

this subdivision, but no later than January first, two thousand

twenty-seven, no person shall sell or offer for sale in this state any

new, not previously used, apparel containing perfluoroalkyl and

polyfluoroalkyl substances at or above a level that the department shall

establish in regulation.

3. On or after January first, two thousand twenty-eight, no person

shall sell or offer for sale in this state any new, not previously used,

outdoor apparel for severe wet conditions containing perfluoroalkyl and

polyfluoroalkyl substances: (a) at or above a level that the department

shall establish in regulation, or (b) as intentionally added chemicals.

4. For the purposes of this section, the following terms shall have

the following meanings:

(a) "Intentionally added chemical" means a chemical in a product that

serves an intended function or technical effect in the product or

product 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 product component.

(b) "Apparel" means clothing items intended for regular wear or formal

occasions including, but not limited to, undergarments, shirts, pants,

skirts, dresses, overalls, bodysuits, vests, dancewear, suits, saris,

scarves, tops, leggings, leisurewear, formal wear, outdoor apparel,

onesies, bibs, and diapers. "Apparel" shall not include:

(i) professional uniforms that are worn to protect the wearer from

health or environmental hazards, including personal protective

equipment; or

(ii) outdoor apparel for severe wet conditions.

(c) "Outdoor apparel" means clothing items intended primarily for

outdoor activities, including but not limited to, hiking, camping,

skiing, climbing, bicycling, and fishing.

(d) "Outdoor apparel for severe wet conditions" means outdoor apparel

that are extreme and extended use products designed for outdoor sports

experts for applications that provide protection against extended

exposure to extreme rain conditions or against extended immersion in

water or wet conditions, such as from snow, in order to protect the

health and safety of the user and that are not marketed for general

consumer use.

(e) "Manufacturer" means a person, firm, association, partnership, or

corporation:

(i) that produces or whose brand name is affixed to apparel or outdoor

apparel for severe wet conditions; or

(ii) in the case of apparel or outdoor apparel for severe wet

conditions that was imported into the United States, "manufacturer"

means the importer or first domestic distributor of the apparel or

outdoor apparel for severe wet conditions if no person who is a

manufacturer within the meaning of subparagraph (i) of this paragraph

has a presence in the United States.

5. No person that sells or offers for sale any apparel or outdoor

apparel for severe wet conditions shall be held in violation of this

section if they can show that they relied in good faith on the written

assurance of the manufacturer that such apparel or outdoor apparel for

severe wet conditions meets the requirements of this section. Such

written assurance shall take the form of a certificate of compliance

stating that such apparel or outdoor apparel for severe wet conditions

is in compliance with the requirements of this section. The certificate

of compliance shall be signed by an authorized official of the

manufacturer.

6. 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 five of this section when the applicable

apparel or outdoor apparel for severe wet conditions does not satisfy

the limitations on the presence of perfluoroalkyl and polyfluoroalkyl

substances set forth in subdivisions one, two and three of this section.