New York A 10138: Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A10138 Summary:

BILL NOA10138A

&nbsp

SAME ASSAME AS S09115-A

&nbsp

SPONSORKelles

&nbsp

COSPNSRSimon, DeStefano, Shrestha, Rosenthal, Clark, Schiavoni, Gallagher, Steck

&nbsp

MLTSPNSR

&nbsp

Add Art 27 Title 8 §§27-0801 - 27-0805, §71-2704, En Con L; add Art 11-C §151-p, Ag & Mkts L; add §95-l, St
Fin L

&nbsp

Relates to the management of PFAS in biosolids in the state by requiring testing and reporting of certain groundwater, biosolids, and soil and establishing a moratorium on the sale and use of biosolids; establishes the PFAS agricultural response program and fund to assist farms found to have levels of PFAS contamination which exceed regulatory standards.

Go to top A10138 Actions:

BILL NOA10138A

&nbsp

02/05/2026referred to environmental conservation

03/02/2026amend and recommit to environmental conservation

03/02/2026print number 10138a

Go to topA10138 Committee&nbspVotes:

Go to topA10138 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10138 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10138--A

 IN ASSEMBLY

 February 5, 2026
 ___________

 Introduced by M. of A. KELLES, SIMON, DeSTEFANO -- read once and
 referred to the Committee on Environmental Conservation -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the environmental conservation law, in relation to the
 management of PFAS in biosolids; and to amend the agriculture and
 markets law and the state finance law, in relation to establishing the
 PFAS agricultural response program and the agricultural PFAS response
 fund

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 27 of the environmental conservation law is amended
 2 by adding a new title 8 to read as follows:
 3 TITLE 8
 4 MANAGEMENT OF PFAS IN BIOSOLIDS
 5 Section 27-0801. Definitions.
 6 27-0803. Testing and reporting.
 7 27-0805. Moratorium on the sale and use of biosolids.
 8 § 27-0801. Definitions.
 9 As used in this title:
 10 1. "Biosolids" means the accumulated semi-solids, solids or liquids
 11 resulting from treatment of wastewaters from publicly or privately owned
 12 or operated sewage treatment plants.
 13 2. "Enterprise budget" means an estimation of the revenue, costs, and
 14 profits for a farm.
 15 3. "Monitoring" means sampling of biosolids from wastewater treatment
 16 facilities, soil samples and/or water samples from agricultural land to
 17 determine the concentration of PFAS present.
 18 4. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a
 19 class of fluorinated organic chemicals containing at least one fully
 20 fluorinated carbon atom.
 21 5. "Permit holder" means a farmer or other landowner authorized to
 22 spread biosolids under a permit granted pursuant to NYCRR Part 361-2.4.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14447-04-6

 A. 10138--A 2

 1 6. "Wastewater treatment facility" means any facility that treats
 2 wastewater, including but not limited to municipal sewage treatment
 3 plants, industrial wastewater treatment plants, and septage treatment
 4 facilities.
 5 7. "Class A biosolids" means biosolids that have been highly treated
 6 to reduce pathogens to undetectable levels, allowing unrestricted use.
 7 8. "Class B biosolids" means biosolids that have been moderately
 8 treated to reduce pathogens to lower but detectable levels, and which
 9 may require site restrictions, buffer zones, and waiting periods for
 10 harvesting of crops or public access.
 11 § 27-0803. Testing and reporting.
 12 1. No later than one year from the effective date of this title, the
 13 department, in consultation with the department of health, shall promul-
 14 gate rules and regulations which add perfluoroalkyl and polyfluoroalkyl
 15 substances as a parameter of concern for analysis within NYCRR Part
 16 361.2.4.
 17 (a) Such regulations shall, at a minimum, do the following:
 18 (i) establish a protocol to incentivize farmers to:
 19 (1) apply to the department for the department to perform PFAS soil
 20 testing on land where Class A biosolids or Class B bios