New York S 10453: Relates to the recall of class B firefighting foam that contains intentionally added PFAS; repealer

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S10453 Summary:

BILL NOS10453 

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SAME ASNo Same As

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SPONSORSKOUFIS

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COSPNSR

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MLTSPNSR

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Amd §391-u, rpld §391-u sub 5 ¶¶(a) & (b), Gen Bus L

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Relates to the recall of a class B firefighting foam that contains intentionally added PFAS; relates to the destruction of PFAS chemicals.

Go to top S10453 Actions:

BILL NOS10453 

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05/15/2026REFERRED TO CONSUMER PROTECTION

Go to topS10453 Committee&nbspVotes:

Go to topS10453 Floor&nbspVotes:

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

Go to topS10453 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10453

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to the recall of
 class B firefighting foam that contains intentionally added PFAS; and
 to repeal certain provisions of such law relating thereto

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

 1 Section 1. Paragraph (b) of subdivision 4 of section 391-u of the
 2 general business law, as amended by section 1 of part SS of chapter 58
 3 of the laws of 2025, is amended to read as follows:
 4 (b) A manufacturer that at any time manufactured, sold, offered for
 5 sale, or distributed for sale or use a class B firefighting foam prohib-
 6 ited under subdivision three of this section shall recall such product.
 7 Such recall shall include collection, transport, treatment, storage and
 8 safe [disposal] destruction of PFAS chemicals through or by a method
 9 approved by the department of environmental conservation, and reimburse-
 10 ment of the retailer or any other purchaser for such product.
 11 § 2. Paragraph (b) of subdivision 3 of section 391-u of the general
 12 business law, as added by chapter 88 of the laws of 2020, is amended to
 13 read as follows:
 14 (b) The restrictions in paragraph (a) of this subdivision shall not
 15 apply to the manufacture, sale, or distribution of class B firefighting
 16 foam:
 17 (1) For use in suppressing or preventing an ignitable liquid fire
 18 where the office of fire prevention and control, in consultation with
 19 the department of environmental conservation and the department of
 20 health, through promulgation of a rule, exempts a use of class B fire-
 21 fighting foam on the basis that an alternative firefighting agent to
 22 which PFAS chemicals have not been intentionally added and that is
 23 effective in suppressing or preventing an ignitable liquid fire is not
 24 available. If the office of fire prevention and control exempts a use of
 25 class B firefighting foam from the restrictions in paragraph (a) of this
 26 subdivision, it shall re-evaluate available alternative firefighting
 27 agents at least every two years as long as the exemption remains in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00714-11-6

 S. 10453 2

 1 place, and repeal such exemption upon a finding that an alternative
 2 firefighting agent to which PFAS chemicals have not been intentionally
 3 added is available that is effective in suppressing or preventing an
 4 ignitable liquid fire.
 5 (2) Where the inclusion of PFAS chemicals are required by federal law
 6 or regulations. In the event that applicable federal laws or regulations
 7 change after the effective date of this section to allow the use of
 8 effective alternative firefighting agents that do not contain PFAS chem-
 9 icals, the office of fire prevention and control [may] shall adopt rules
 10 that restrict PFAS chemicals for the manufacture, sale, and distribution
 11 of firefighting foam for uses that are addressed by the federal law or
 12 regulation.
 13 § 3. Paragraphs (a) and (b) of subdivision 5 of section 391-u of the
 14 general business law, as added by chapter 88 of the laws of 2020 and
 15 paragraph (a) as amended by section 4 of part SS of chapter 58 of the
 16 laws of 2025, are REPEALED.
 17 § 4. Paragraph (c) of subdivision 5 of section 391-u of the general
 18 business law is redesignated as the opening paragraph of subdivision 5.
 19