New York Governor Signs PFAS Bans in Apparel and Carpet

New York Governor Signs PFAS Bans in Apparel (Bill A07063A) and Carpet (Bill A09279A)

New York State Governor approved two bills in late December related to the banning of perfluoroalkyl and polyfluoro-alkyl substances (PFAS) in wearing apparel and carpets, as follows.

APPAREL: BILL A07063A

Definitions in the Act
• Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS": a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
• "Intentionally added chemical": a chemical in a product that serves an intended function in the product component.
• "Apparel": clothing items intended for regular wear or formal occasions including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, vests, dancewear, suits, saris, scarves, tops, leggings, leisurewear, formal wear, onesies, bibs, and diapers. It does not include professional uniforms or outerwear intended for extreme conditions.

Summary
New York’s environmental conservation law has been amended with the addition of a prohibition of intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in apparel. Effective December 31, 2023, it is prohibited to sell any apparel containing perfluoroalkyl and polyfluoroalkyl substances as intentionally added chemicals in the state of New York.

In addition, the Governor stated in the Approval Notice: “While I am supportive of this legislation, there were amendments needed to ensure the Department of Environmental Conservation (DEC) can successfully implement and enforce this new law. I have secured an agreement with the Legislature to further define terms in the bill to provide clarity to consumers and manufacturers, provide DEC with regulatory authority, and to provide sufficient time for manufacturers, many of which are already taking steps to remove PFAS from their products, to come into compliance with this law.” Bureau Veritas will send an update when more information is available.

For details, please see the following link: https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A07063&term=2021&Summary=Y&Actions=Y&Text=Y

CARPET: BILL A09279A

Definitions in the Act
• "Carpet": a manufactured article that is:
o (a) used in commercial buildings or single or multifamily residential buildings,
o (b) affixed or placed on the floor or building walking surface as a decorative or functional building interior or exterior feature, and
o (c) primarily constructed of a top surface of synthetic or natural face fibers or yarns or tufts attached to a backing system made of synthetic or natural materials.
"Carpet" includes, but is not limited to, a commercial or residential broadloom carpet, modular carpet tiles, artificial turf, a pad or underlayment used in conjunction with a carpet. "Carpet" does not include handmade rugs, area rugs, or mats.
• "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS substances": a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Summary
As part of a bill focused on recycling and collection of carpeting, the state of New York is prohibiting carpets to be sold that have been treated with PFAS substances for any purpose, effective December 31, 2024.

Please see forthcoming bulletin related to labeling and recycling sections of the new law.

For full details, please see the following link: https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A09279&term=2021&Summary=Y&Actions=Y&Text=Y

How Does this Impact You? Contact Us to Discuss
Bureau Veritas can help verify that your products will meet your customer’s expectations as well as all applicable regulations. We can help you reduce cost and time-to-market, minimize the risk of recalls and returns, increase sales and customer satisfaction, and eliminate previously unidentified threats to your company’s reputation. Our services help to protect both your bottom line and your peace of mind. If you have any questions on these final rules, please contact your customer service representative or email: info@us.bureauveritas.com
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