Bill Text: NY S02000 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the use of perfluoroalkyl and polyfluoroalkyl substances in food packaging.

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [S02000 Detail]

Download: New_York-2019-S02000-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2000
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 18, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          use of perfluoroalkyl and polyfluoroalkyl chemicals in food packaging
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2  of  section  37-0203  of  the  environmental
     2  conservation  law,  as  added  by  chapter  286  of the laws of 1990, is
     3  amended and two new subdivisions 5 and 6 are added to read as follows:
     4    2. "Manufacturer" shall mean a person, firm, association, partnership,
     5  organization, joint venture or corporation, who or which makes  contain-
     6  ers to be used to package products.
     7    5.  "Food  package"  means  a  package  or packaging component that is
     8  intended for direct food contact and is comprised, in substantial  part,
     9  of  paper,  paperboard, or other materials originally derived from plant
    10  fibers.
    11    6. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals"
    12  means, for the purposes of food packaging, a class of fluorinated organ-
    13  ic chemicals containing at least one fully fluorinated carbon atom.
    14    § 2. Sections  37-0209,  37-0211  and  37-0213  of  the  environmental
    15  conservation law are renumbered sections 37-0211, 37-0213 and 37-0215.
    16    §  3.  The  environmental  conservation law is amended by adding a new
    17  section 37-0209 to read as follows:
    18  § 37-0209. Prohibition on the use of perfluoroalkyl and  polyfluoroalkyl
    19               chemicals in food packaging.
    20    No  person may manufacture, knowingly sell, offer for sale, distribute
    21  for sale, or distribute for use in this state food  packaging  in  which
    22  perfluoroalkyl  and  polyfluoroalkyl (PFAS) chemicals are present in any
    23  amount.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04218-02-9
        S. 2000                             2
     1    § 4. Subdivision 2 of section 37-0211 of the  environmental  conserva-
     2  tion  law,  as added by chapter 286 of the laws of 1990, such section as
     3  renumbered by section two of this act, is amended to read as follows:
     4    2.  (a)  No  manufacturer or distributor of a product shall be held in
     5  violation of this title who can show that, in the purchase of a  package
     6  or  packaging  component,  he or she relied in good faith on the written
     7  assurance of the manufacturer of such packaging or  packaging  component
     8  that  such packaging or packaging component met the requirements of this
     9  title. Such written assurance shall take the form of  a  certificate  of
    10  compliance  stating  that a package or packaging component is in compli-
    11  ance with the  requirements  of  this  title,  provided  however,  where
    12  compliance is achieved under an exemption provided in subdivision two or
    13  three  of section 37-0207 of this title, the certificate shall state the
    14  specific basis upon which the exemption is claimed. The  certificate  of
    15  compliance  shall be signed by an authorized official of the manufactur-
    16  ing or distributing company.
    17    (b) With respect to the prohibition on the use of  perfluoroalkyl  and
    18  polyfluoroalkyl  chemicals  in  food  packaging  as  provided in section
    19  37-0209 of this title, a manufacturer shall develop a compliance certif-
    20  icate by the date of a prohibition taking effect under such section.
    21    (c) If the manufacturer or supplier of the package or packaging compo-
    22  nent reformulates or creates a new package or packaging  component,  the
    23  manufacturer  shall  develop an amended or new certificate of compliance
    24  for the reformulated or new package or packaging component.
    25    § 5. This act shall take effect  immediately.  Effective  immediately,
    26  the  addition,  amendment and/or repeal of any rule or regulation neces-
    27  sary for the implementation of  this  act  on  its  effective  date  are
    28  authorized  and  directed  to  be  made  and completed on or before such
    29  effective date.