On August 25, 2025, the New York State Department of Environmental Conservation (NYS DEC) held a pre-rulemaking stakeholder meeting on its implementation of New York’s per- and polyfluoroalkyl substances (PFAS) in apparel law. Section 37-0121 of the Environmental Conservation Law (ECL) prohibits the sale of apparel containing PFAS as intentionally added chemicals beginning January 1, 2025. No later than January 1, 2027, Section 37-0121 prohibits the sale of apparel containing PFAS at or above a level established by NYS DEC in regulation. On or after January 1, 2028, Section 37-0121 prohibits outdoor apparel for severe wet conditions that contains PFAS at or above a level established by NYS DEC in regulation or as intentionally added chemicals.
NYS DEC is considering clarifying the definitions of apparel and outdoor apparel for severe wet conditions and defining component as “[a]n individual assembled part or a uniquely identifiable material or coating (including ink or dye) that is intended to be included as a part of a finished article of apparel.” NYS DEC is considering the following restriction levels:
- 50 parts per million (ppm) total organic fluorine for all PFAS testing not specified under target analyte list; and
- 25 to 1,000 parts per billion (ppb) for individual PFAS analytes.
NYS DEC notes that “[e]ach component of an article of apparel needs to comply with all of the restrictions” and that “if one component of a product exceeds any of the restriction levels, the product would be out of compliance.” NYS DEC states that it is “[c]onsidering implementing as a restriction on ‘any of the above,’ that is, if a product exceeds any of the restriction levels, it would not comply.”
NYS DEC requests feedback on the regulatory definitions and proposed restriction levels. Comments are due September 25, 2025. During the stakeholder meeting, NYS DEC noted that certain modifications are outside the scope of its rulemaking, including the definition of PFAS, the definition of “intentionally added chemicals,” and the applicable deadlines. NYS DEC has posted a recording of the meeting and the slides.
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