USA: New York amended the ban on PFAS in apparel

MARCH 2023 - SOFTLINES

A bill (S1322/A994)¹ to amend the previous ban (bill S6291/A7063)² on perfluoroalkyl and polyfluoroalkyl substances (PFAS) in apparel has been signed by the Governor of New York state.

The previous ban only targeted apparel for regular wear or formal occasions, and exempted professional uniforms outwear intended for extreme conditions. Now the new bill expands the scope to include outdoor apparel for severe wet conditions. It is noted that professional uniforms are still not included in the scope of the new ban. The requirements will take effect on different dates based on product types.

Below is a comparison of the previous and new bans on PFAS in apparel in New York.

Table A: Comparison of the PFAS in apparel bills

Bill Number	S6291/A7063	S1322/A994
Product scope	Apparel for regular wear or formal occasions	Apparel for regular wear or formal occasions Outdoor apparel for severe wet conditions
Requirements	Effective from 31 December 2023, no person shall sell or offer for sale in New York any apparel containing PFAS as intentionally added chemicals.	Effective from 1 January 2025, no person shall sell or offer for sale in New York any new, not previously used, apparel containing PFAS as intentionally added chemicals; No later than 1 January 2027, no person shall sell or offer for sale in New York any new, not previously used, apparel containing PFAS as intentionally added chemicals at or above a level that the Department of Environment Conservation (DEC) shall establish in regulation; Effective from 1 January 2028, no person shall sell or offer for sale in New York any new, not previously used, outdoor apparel for severe wet conditions containing PFAS at or above a level that the department shall establish in regulation or as intentionally added chemicals.

Definitions:

Apparel means 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, outdoor apparel, onesies, bibs, and diapers. Apparel shall not include professional uniforms and outdoor apparel for severe wet conditions.

Outdoor apparel for severe wet conditions means outdoor apparel that 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 marketed for general consumer use.

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