New York state set to ban the use of PFAS in clothing.

New York state is preparing to ban the use of PFAS chemicals in manufacturing apparel and clothing. The measure is set to take effect on the final day of 2023.

 Bill (S 6291A/A 7063A) was signed into law that would ban PFAS in clothing by December 31, 2023. The bill was passed by the state legislature last May and officially signed into law on December 30, 2022.

The restrictions come into effect as major companies like Under Armour and certifying organizations like ZDHC agree to phase out the substance class from fabrics.

Companies have until the end of 2023, to comply with the original legislation; but, under the agreement, they will have until:

• 1 January 2025 to stop selling new common apparel with intentionally added PFASs – except protective work uniforms and heavy-duty outerwear.
• 1 January 2027, at the latest, to stop selling items containing PFASs over a threshold to be set by the Department of Environmental Conservation (DEC).
• 1 January 2028 to cease offering new "outdoor apparel for severe wet conditions" containing PFASs that are knowingly added or above a DEC-established amount.

Legislators are also expected to approve language that will ensure retailers won't be held accountable for an apparent violation if they can prove that they relied on a false certificate of compliance from a manufacturer. Violators of this bill will face a maximum $1,000 civil penalty for each day of offence and $2,500 per day for a repeat offence as set by the agreement.