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New York — Apparel containing PFAS, Environmental Conservation Law § 37-0121

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New York — Apparel containing PFAS, Environmental Conservation Law § 37-0121

Citation
N.Y. Environmental Conservation Law § 37-0121
Jurisdiction
US-NY
Made by
New York State Department of Environmental Conservation
Instrument
Statute
Status
In force

What it requires (3 obligations)

After 1 January 2025 no person may sell or offer for sale in New York apparel containing PFAS as intentionally added chemicals.

No date set Confirmed In force, dates fixed in published law

Who it falls on
Traders
Products
Apparel
Markets
US-NY
Entry into force
2025-01-01

"Apparel" excludes professional uniforms worn to protect the wearer from health or environmental hazards, including personal protective equipment, and outdoor apparel for severe wet conditions. A seller relying on a manufacturer's certificate of compliance has a safe harbor, and DEC states such certificates are to be made available to it on request.

ECL § 37-0121(1), enacted by Ch. 820 of 2022 and amended by Ch. 111 of 2023; wording cross-checked against DEC's rulemaking slides of 25 August 2025.

One year after DEC adopts its implementing regulations, and no later than 1 January 2027, apparel containing PFAS at or above a level DEC sets in regulation may not be sold or offered for sale in New York.

2027-01-01 Indicative Expected per an official work plan; date not fixed

Who it falls on
Traders
Products
Apparel
Markets
US-NY

The statute sets no number. As at its pre-rulemaking meeting of 25 August 2025, DEC was considering 50 ppm total organic fluorine and 25 to 1,000 ppb for individual PFAS analytes, applied per component. No proposed rule had been found as at 2026-10-03, so how the "no later than" date operates without a set level is open; that is why this row is marked indicative.

ECL § 37-0121(2). The level is not in the statute; DEC slide 24 (25 August 2025) lists levels under consideration.

On or after 1 January 2028, outdoor apparel for severe wet conditions containing PFAS as intentionally added chemicals or at or above the regulated level may not be sold or offered for sale in New York.

No date set Scheduled Adopted, dates set, not yet in force

Who it falls on
Traders
Products
Apparel
Markets
US-NY
Entry into force
2028-01-01

The first research pass dated this 31 December 2027; the statute says on or after January first, two thousand twenty-eight.

ECL § 37-0121(3).

Read the official text

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