New York Legislators Consider Sweeping Bill Banning PFAS
With Assembly Bill A3556C, New York joins a growing list of states considering or enacting broad bans on the sale and distribution of products containing per- and polyfluoroalkyl substances ("PFAS").
NY Assembly Bill A3556C would amend state law to prohibit the sale of a wide range of products containing intentionally added PFAS starting January 1, 2026. The bill arrives amidst a recent flurry of state legislative activity targeting the sale or distribution of products containing these chemicals. Minnesota, Washington, and Maine recently enacted laws extensively limiting the use of PFAS. Multiple other states have passed or considered more targeted restrictions on PFAS in firefighting foam, food packaging, cosmetics, children's products, menstrual products, and other products. If enacted into law, New York would become one of the most aggressive states in restricting the use of PFAS in many common consumer, commercial, and industrial products.
The bill aims to substantially expand New York's existing restrictions on the use of PFAS. The bill prohibits use of "regulated PFAS" in an extensive list of "covered products": textiles, rugs, fabric treatments, cookware, ski waxes, architectural paints, children's products, cleaning products, anti-fogging sprays and wipes, dental floss, or a component of these items. Here, PFAS is broadly defined as "a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom." Regulated PFAS encompasses: (i) PFAS intentionally added in a product where the PFAS serves an intended function in the product component; or (ii) PFAS present in a product or product component at or above the practical quantitation limit, as measured in total organic fluorine.
Under the bill, manufacturers—defined to include many importers—of the covered products sold in New York are required to provide sellers and distributors of covered products a signed certificate of compliance attesting that their products do not contain intentionally added PFAS. If the product is found to contain intentionally added PFAS after a manufacturer issues such a certificate, the bill requires manufacturers to recall any covered product sold in the state and reimburse distributors and retailers for the covered product. Violators are subject to civil penalties of up to $10,000 for the first offense and up to $25,000 for each offense thereafter.
A3556C remains early in the legislative process. If the bill passes in both the Assembly and the Senate, it will be submitted to Governor Hochul for approval.
