On August 25, 2025, the New York State Department of Environmental Conservation (NYS DEC) will hold a pre-rulemaking stakeholder meeting on its implementation of the prohibitions on per- and polyfluoroalkyl substances (PFAS) in apparel. NYS DEC will present an overview of the enacted law, codified at Section 37-0121 of the Environmental Conservation Law, and discuss the conceptual framework for regulating PFAS in apparel that it is considering for the rulemaking. NYS DEC notes that this will be a pre-rulemaking meeting and that it anticipates using feedback from the meeting to inform a proposed rule with additional public comment opportunities. Registration is required to attend the virtual meeting.
Section 37-0121 prohibits the use of PFAS in apparel and outdoor apparel for severe wet conditions. Beginning January 1, 2025, the sale of new apparel containing intentionally added PFAS was prohibited. By January 1, 2027, the sale of new apparel containing PFAS at or above a level enacted by NYS DEC will be prohibited. On or after January 1, 2028, the sale of new outdoor apparel for severe wet conditions containing PFAS at or above a level enacted by NYS DEC or as intentionally added chemicals is prohibited.
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