US: Bill S01322- New York Amends the Law Prohibiting the Intentional Use of PFAS Substances in Outdoor Apparel

Vol. 1344 | 30 Mar 2023

New York Governor Kathy Hochul signed bill S01322 on Mar 24, 2023, amending the environmental conservation laws S. 6291-A and A. 7063-A, prohibiting the intentional use of PFAS substances in apparel, as well as outdoor apparel, for severe wet conditions. The act shall take effect on the same date and in the same manner as the environmental conservation laws and the California law.

The California law levies prohibitions on apparel, outdoor apparel, textiles, and textile articles containing regulated PFAS chemicals, in addition to existing laws prohibiting PFAS chemicals in food packaging and juvenile products, while the New York bill S01322 focuses on prohibition of PFAS chemicals in apparel and outdoor apparel only. Given below is a summary of the amendments:

Products Restricted	Effective Date
Apparel, Outdoor Apparel (excluding apparel for severe wet conditions)	Jan 1, 2025
Outdoor Apparel for severe wet conditions	Jan 1, 2028

Additional Deadlines:

• One year after enactment of the regulation implementing the law, but no later than Jan 1, 2027, the requirements will be revised to the PFAS level established by the Department of the Environmental Conservation (DEC).

A Certificate of Compliance authorized by the manufacturer stating that apparel and/or outdoor apparel for severe wet conditions meet the requirements can be produced to demonstrate compliance.

Civil penalties are not to exceed $2500 for each day during which the violation continues is established.

The definition of apparel excludes professional uniforms and outdoor apparel for severe wet weather. The definitions distinguish between outdoor apparel and outdoor apparel for severe wet conditions.
Furthermore, the definition of “intentionally added chemical” has been amended:

• "Outdoor apparel" means clothing items intended primarily for outdoor activities, including but not limited: hiking, camping, skiing, climbing, bicycling, and fishing
• "Outdoor apparel for severe wet conditions" means outdoor apparel that are extreme and extended-use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that are not marketed for general consumer use.
• "Intentionally added chemical" means a chemical in a product that serves an intended function or technical effect in the product or product component, including the PFAS within intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product or product component.

Link to the New York Bill-S01322: New York Bill- S01322

For questions, please contact Pankaj Sarda ( Pankajkumar.sarda@intertek.com ) or Harini Ramaswamy (harini.ramaswamy@intertek.com).