As we get closer to the new year, several new laws are set to take effect here in New York State. While 2026 will bring its usual wave of legislation when the ball drops on New Year’s Eve, there is one upcoming law beyond 2026 that caught my attention because it affects a piece of clothing many of us rely on whenever it rains.
Winter Weather Hits as New Laws Approach
We’re experiencing some significant cold temperatures this week, and snow has been flying across portions of the Capital Region and the Hudson Valley. With winter storm warnings posted in multiple areas, it’s officially time to break out the heavy winter gear and prepare for challenging driving conditions. Don’t worry…just five more months of this to go!
New York’s New Clothing Restrictions
At the beginning of 2025, New York implemented legislation limiting the sale of clothing containing a specific chemical deemed dangerous and banned from manufacturing in the state. A similar law is set to take effect in 2028 and this time impacting certain types of rain gear.
Rumors have circulated claiming that Gore-Tex clothing itself was banned. That is not accurate. The law does not outlaw Gore-Tex; instead, it restricts the sale of clothing that contains a particular chemical commonly used in some cold- and wet-weather gear.
“According to that provision, no person shall sell or offer for sale in this state any new, not previously used, apparel containing PFAS as intentionally added chemicals after January 1, 2025”.
Will Your Rain Gear Be Affected?
The new legislation applies to products containing this chemical, and according to the New York State Department of Environmental Conservation, the restrictions will roll out over the next few years. Retailers selling rain gear or waterproof clothing will need to ensure their products comply once the law fully takes effect in 2028.
“After January 1, 2028, a new restriction will go into effect that applies specifically to outdoor apparel for severe wet conditions with intentionally added PFAS, as described in section 37-0121 of the ECL”.
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Preparing for Winter in Western New York
As always, winter in Western New York means being ready for anything. If you grew up around Buffalo, you probably heard the same advice your entire life: blankets in the trunk, emergency snacks, a shovel, and at least half a tank of gas. And of course, proper winter clothing.
This new legislation could impact workers who face harsh outdoor conditions every day, making it even more important to stay informed about what gear will remain available.
What You Can Buy Right Now
For now, if you’re shopping for rain gear, nothing major has changed. You can still buy the brands you know and love without restrictions. But with the state actively phasing out certain chemicals in apparel, it’s smart to check back periodically for updates as 2028 gets closer. New guidelines may change what retailers can sell and what manufacturers can produce.
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Gallery Credit: Clay Moden