New York Passes Expansion of Ban on PFAS in Apparel
The New York State Legislature passed an amendment March 20 to a bill passed last year that banned perfluoroalkyl and polyfluoroalkyl substances (PFAS) in apparel. The bill expands the ban to outdoor apparel and outerwear, which had previously been exempt, according to a post on the Kelley Green Law blog.
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The change has the ban going into effect in three stages, with the first phase starting Jan. 1, 2025. This phase bans the sale of new apparel with PFAS chemicals "intentionally added." The second phase, beginning no later than Jan. 1 2027, bans the sale of new apparel with PFAS chemicals "at or above a level that the department shall establish in regulation." The third phase, effective Jan. 1, 2028, bans the sale of "outdoor apparel for severe wet conditions" with PFAS chemicals either intentionally added or at or above a level established in regulation. A civil penalty of up to $1,000 for each day the violation occurs would apply; a second violation would be subject to a fine of up to $2,500 a day as long as the violation continues.
The new rules would not include professional uniforms that "protect the wearer from health or environmental hazards," such as personal protective equipment, or outdoor apparel for "severe wet conditions," the blog post noted. The bill awaits the signature of the governor, who had requested the legislature make clarifications to the original bill.