Do you have your eye on a pair of waterproof boots? Been tracking the sale price online and ready to order? Not so fast—those boots might not be allowed in New York State.
This is the first full winter in which New York’s prohibitions against certain outdoor clothing for severe cold and wet conditions are in effect.
New York enacted a law restricting PFAS in outdoor apparel. Polyfluoroalkyl substances (PFAS) are a class of chemicals that are widely used to provide stain resistance, water/oil repellency, and other protective properties. Some PFAS have been found to persist in the environment for long periods of time. According to the Environmental Protection Agency, some scientific studies have shown that exposure to certain PFAS in the environment may be linked to harmful health effects in humans and animals.
The overwhelming majority of human exposure to PFAS comes from industrial use, not from treatments in performance clothing. Nonetheless, New York has moved to ban these performance clothing treatments anyway.
This writer tried to order waterproof boots for her husband and received the message: “PFAS Restricted Item Cannot Ship to 11719.” If the boots were being shipped to most other states, there would be no issue.
The restrictions will be phased in over several years, beginning this year.
The term “outdoor apparel” includes clothing items intended primarily for outdoor activities, including but not limited to hiking, camping, skiing, climbing, bicycling, and fishing.
The restriction of PFAS in apparel applies specifically to clothing with intentionally added PFAS. “No person shall sell or offer for sale in this state any new, not previously used, apparel containing PFAS,” the new law states.
After January 1, 2028, an additional restriction will take effect that applies specifically to outdoor apparel for severe wet conditions with intentionally added PFAS.