2023 New York Laws › ENV - Environmental Conservation › Article 37 - Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment › Title 1 - Substances Hazardous to the Environment › 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.