Bill Text: NY A04739 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the use of perfluoroalkyl and polyfluoroalkyl substances in food packaging.

Spectrum: Strong Partisan Bill (Democrat 75-5)

Status: (Passed) 2020-12-28 - COMMITTED TO RULES [A04739 Detail]

Download: New_York-2019-A04739-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4739--B
                                                                Cal. No. 179

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 5, 2019
                                       ___________

        Introduced  by  M. of A. FAHY, THIELE, GOTTFRIED, L. ROSENTHAL, EPSTEIN,
          ORTIZ, GALEF, STIRPE, JAFFEE,  DINOWITZ,  MAGNARELLI,  ROMEO,  LIFTON,
          CARROLL,  COLTON,  STERN, D'URSO, MOSLEY, PAULIN, REYES, PERRY, STECK,
          WALLACE, GRIFFIN, ABINANTI, JONES,  BUCHWALD,  BARRON,  QUART,  SIMON,
          ZEBROWSKI, FERNANDEZ, PEOPLES-STOKES, DAVILA, BARRETT, McDONALD, WOER-
          NER,  RYAN,  HEVESI,  M. G. MILLER,  SAYEGH,  GLICK, LiPETRI, McMAHON,
          SIMOTAS, ROZIC, RODRIGUEZ,  SOLAGES,  WEPRIN,  SANTABARBARA,  GUNTHER,
          HUNTER,  WALKER,  O'DONNELL, BURKE, FRONTUS, VANEL, RIVERA, OTIS, KIM,
          D. ROSENTHAL, SEAWRIGHT, ENGLEBRIGHT, SCHMITT, COOK,  NIOU,  BARNWELL,
          ASHBY,  JACOBSON -- Multi-Sponsored by -- M. of A. CROUCH, CYMBROWITZ,
          DE LA ROSA, LENTOL, LUPARDO -- read once and referred to the Committee
          on Environmental Conservation -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place on the order of third reading

        AN  ACT  to amend the environmental conservation law, in relation to the
          use of perfluoroalkyl and polyfluoroalkyl substances in food packaging

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  37-0203 of the environmental conservation law is
     2  amended by adding two new subdivisions 5 and 6 to read as follows:
     3    5. "Food package" means a  package  or  packaging  component  that  is
     4  intended  for direct food contact and is comprised, in substantial part,
     5  of paper, paperboard, or other materials originally derived  from  plant
     6  fibers.
     7    6.   "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or  "PFAS
     8  substances" shall mean, for the purposes of food packaging, a  class  of
     9  fluorinated  organic chemicals containing at least one fully fluorinated
    10  carbon atom.
    11    § 2. Sections  37-0209,  37-0211  and  37-0213  of  the  environmental
    12  conservation law are renumbered sections 37-0211, 37-0213 and 37-0215.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04218-07-0

        A. 4739--B                          2

     1    §  3.  The  environmental  conservation law is amended by adding a new
     2  section 37-0209 to read as follows:
     3  § 37-0209. Prohibition  on the use of perfluoroalkyl and polyfluoroalkyl
     4               substances in food packaging.
     5    No person shall sell or  offer  for  sale,  distribute  for  sale,  or
     6  distribute  for use in this state food packaging in which perfluoroalkyl
     7  and polyfluoroalkyl (PFAS) substances  are  intentionally  or  knowingly
     8  added either directly or via constituent components.
     9    §  4.  This  act  shall take effect December 31, 2021. Effective imme-
    10  diately, the addition, amendment and/or repeal of any rule or regulation
    11  necessary for the implementation of this act on its effective  date  are
    12  authorized  and  directed  to  be  made  and completed on or before such
    13  effective date.
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