BILL NUMBER: S9268
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the sale and distribution of anti-fogging sprays or wipes
containing perfluoroalkyl and polyfluoroalkyl substances
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prohibit the sale of anti-fogging sprays
or wipes containing perfluoroalkyl and polyfluoroalkyl substances
(PFAS).
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill would:
*define, "anti-fogging sprays or wipes," "intentionally added chemical,"
"manufacturer," and "PFAS substances,";
*prohibit, after 12/31/26, the sale of anti-fogging sprays or wipes
containing PFAS substances as intentionally added chemicals or that
contain PFAS substances at or above a level established by the Depart-
ment of Environmental Conservation (DEC) in regulation;
*provide a safe harbor for sellers of anti-fogging sprays or wipes who
have a certificate of compliance from the manufacturer;
*make it a violation to provide a certificate of compliance for anti-
fogging sprays or wipes that are out of compliance; and,
*establish a penalty of up to $1,000 per day for a violation and up to
$2,500 per day for subsequent violations.
 
JUSTIFICATION:
A new study conducted by Duke University found that many of the top-rat-
ed anti-fogging sprays and wipes used to prevent condensation on
eyeglasses contain high levels of PFAS chemicals. Exposure to some PFAS
chemicals have been linked to many health problems including kidney
cancer, testicular cancer, thyroid disease, birth defects, and fertility
complications. This bill would ban the entire class of PFAS chemicals
from anti-fogging sprays and wipes used in New York.
Anti-fogging sprays and wipes are a key place to look for PFAS chemi-
cals, as they often include fluorotelomer alcohols (FT0Hs) and fluoro-
telomer ethoxylates (FTEOs), two types of PFAS chemicals. Current
research suggests that FT0Hs inhaled or absorbed through the skin can
break down in the body and become toxic and long-lasting. These chemi-
cals can also cause water contamination from disposal.
During the pandemic, as masks cause eyeglasses to fog up at a rapid
rate, people have ban using these products daily, raising serious health
concerns.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: A.5363-B (Gallagher) - Reported to Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S9268: 71-3703 environmental conservation law