New York Legislators Consider Sweeping Bill Banning PFAS – Chemicals

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

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