New York PFAS Apparel Ban
Governmental Agency: The New York Department of State
Jurisdiction: New York, USA
Ref no: Senate Bill: S.1322. Assembly Bill: A.994
Status: ADOPTED December 2023
The New York state legislature has passed a bill (S.1322/A.994) to modify previous legislation that largely bans per- and polyfluoroalkyl substances (PFAS) in clothing and apparel. PFAS are a large group of synthetic chemicals that are used in a variety of consumer products. In textile manufacturing, PFAS are used as a finishing chemical to provide a variety of fabric properties including heat stability, water/oil repellency, and wrinkle-free finishes. PFAS have been identified as "forever chemicals", enter the open environment through product use and washing. This results in people, plants and animals being increasingly exposed, which will have negative effects on people’s health and the environment.
The amendment expands the existing PFAS restriction expands the scope of the ban to capture the use of intentionally added PFAS in a broader range of apparel, including 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 and children’s clothes, including onesies, bibs and diapers. Previously, outdoor apparel and outerwear had been exempt.
Notably, the bill does not include professional uniforms worn to protect the wearer from health or environmental hazards.
The ban on PFAS in apparel will go into effect on December 31, 2023. For high-performance outerwear for severe wet conditions, the ban first starts in 2028.
-
The ban applies to all businesses that sell or distribute clothing, footwear, or accessories in the state of New York, prohibiting the use of PFAS. This includes retailers, wholesalers, manufacturers, and distributors, both in-state and out-of-state.
Companies will need to evaluate their entire material and product supply chain, to understand their risk of non-compliance, as well as understand what should be done with any existing stock that may have already utilized PFAS.
