STATE OF NEW YORK ________________________________________________________________________ 2000--A 2019-2020 Regular Sessions IN SENATE January 18, 2019 ___________ Introduced by Sens. HOYLMAN, BOYLE, KRUEGER, SALAZAR, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. 13 § 3. The environmental conservation law is amended by adding a new 14 section 37-0209 to read as follows: 15 § 37-0209. Prohibition on the use of perfluoroalkyl and polyfluoroalkyl 16 substances in food packaging. 17 No person shall sell or offer for sale, distribute for sale, or 18 distribute for use in this state food packaging in which perfluoroalkyl 19 and polyfluoroalkyl (PFAS) substances are present. 20 § 4. This act shall take effect December 31, 2021. Effective imme- 21 diately, the addition, amendment and/or repeal of any rule or regulation 22 necessary for the implementation of this act on its effective date are 23 authorized and directed to be made and completed on or before such 24 effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04218-04-9