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

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4739--C
                                                                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,  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, WOERNER, 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,  JACOB-
          SON,  CRUZ,  HYNDMAN,  BRONSON,  DE LA ROSA, LUPARDO, CUSICK -- Multi-
          Sponsored by -- M. of A. CROUCH, CYMBROWITZ, LENTOL,  TAYLOR  --  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 read-
          ing -- again amended on third reading,  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 packaging" 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04218-17-0
        A. 4739--C                          2

     1    § 2. Sections  37-0209,  37-0211  and  37-0213  of  the  environmental
     2  conservation law are renumbered sections 37-0211, 37-0213 and 37-0215.
     3    §  3.  The  environmental  conservation law is amended by adding a new
     4  section 37-0209 to read as follows:
     5  § 37-0209. Prohibition on the use of perfluoroalkyl and  polyfluoroalkyl
     6               substances in food packaging.
     7    1.  No  person  shall distribute, sell or offer for sale in this state
     8  food packaging  containing  perfluoroalkyl  and  polyfluoroalkyl  (PFAS)
     9  substances as intentionally added chemicals.
    10    2.  For purposes of this section, "intentionally added chemical" shall
    11  have the same meaning as subdivision eleven of section 37-0901  of  this
    12  article.
    13    §  4.  This  act  shall take effect December 31, 2022. Effective imme-
    14  diately, the addition, amendment and/or repeal of any rule or regulation
    15  necessary for the implementation of this act on its effective  date  are
    16  authorized  and  directed  to  be  made  and completed on or before such
    17  effective date.