SG 30/24
Several states in the US have introduced bills to regulate PFAS in a range of consumer products. The scope of products and their requirements are jurisdiction dependent.
Per- and polyfluoroalkyl substances (PFAS), which include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), are a diverse group of synthetic chemicals that has been used in industry and consumer goods for many years. Their properties and function to repel water, grease, oil and/or dirt enable them to be used in the manufacture of a wide range of everyday consumer goods, including after treatments, apparel, carpets and rugs, cosmetics, firefighting foam, food packaging, non-stick cookware, ski wax and upholstered furniture.
Over the years, PFAS have increasingly been regulated due to their toxic effects and negative impacts on the environment. In the United States (US), a host of jurisdictions across the nation have implemented measures to regulate PFAS chemicals in consumer goods. These include, but are not limited to California, Colorado, Connecticut, Hawaii, Maine, Maryland, Minnesota, New York, Oregon, San Francisco, Santa Rosa, Rhode Island, Vermont and Washington.
Since the beginning of 2024, a number of bills have been introduced at the state level to restrict/prohibit PFAS in a range of products.
Highlights of several of these bills are summarized in Table 1.
| Jurisdiction (Bill) | Scope | Requirement for PFAS (unless otherwise stated) | Proposed Effective Date |
|---|---|---|---|
| Colorado (SB 81) |
| No installation of turf containing intentionally added PFAS | July 1, 2024 |
| Prohibited if intentionally added unless a disclosure ‘Made with PFAS Chemicals’ is added | January 1, 2025 | |
| Prohibited if intentionally added | January 1, 2025 | |
| Prohibited if intentionally added | January 1, 2028 | |
| Prohibited if intentionally added | January 1, 2032 | |
| Hawaii (HB 1896/SB 2427) |
| Prohibited if intentionally added | December 31, 2026 |
| Illinois (HB 4627) |
| Product manufacturers to submit notification if product contains intentionally added PFAS | By July 1, 2026, and by July 1 of each year thereafter |
| Illinois (SB 2705) |
| Prohibited if intentionally added | January 1, 2025 (additional products may be added by rule but effective date must be no earlier than January 1, 2025, and no later than January 1, 2032) |
| Product manufacturers to submit notification if product contains intentionally added PFAS | January 1, 2026 | |
| Prohibited if intentionally added, unless by rule, that the use of PFAS is unavoidable | January 1, 2032 | |
| Kentucky (HB 116) |
| Product manufacturers to submit notification if product contains intentionally added PFAS | January 1, 2025, and every January 1 thereafter |
| Massachusetts (S 2564) |
| Prohibited if 1) intentionally added that has a functional or technical effect, including PFAS that are unintentional breakdown products of an added chemical, or 2) 100 ppm (as total organic fluorine | Within one year after effective date of the act |
Notification within 180 days after a chemical of concern (CoC) is listed, and biennially thereafter, if CoC is:
| Within two years after effective date of the act | ||
| Notification to persons that offer the product for sale or distribution within 180 days after high priority chemical (HPC) is listed | Within two years after effective date of the act | ||
| Prohibited within three years after HPC is listed | Within two years after effective date of the act | ||
| New Hampshire (HB 1352) |
|
| January 1, 2025 |
| New Hampshire (HB 1649-FN) |
| Product manufacturers to submit notification if product contains intentionally added PFAS | By July 1, 2026 |
| Requires labelling if intentionally added | Five years after act becomes effective | |
| Prohibited if intentionally added | July 1, 2028 | |
| New Jersey (AB 1421/SB 1042) |
| Product manufacturers to submit notification if product contains intentionally added PFAS | One year after effective date |
| Prohibited if failure to notify in point above | Two years after effective date | |
| Prohibited if intentionally added | Two years after act becomes effective | |
| List the presence of intentionally added PFAS in handle of cookware or any cookware surface that comes into contact with food, foodstuffs or beverages on product label, including on the product listing for online sales | Two years after act becomes effective | |
| No claim that the cookware is free of any PFAS if PFAS was intentionally added | Two years after act becomes effective | |
| New York (A09005) |
| Product manufacturers to submit notification if product contains intentionally added PFAS | January 1, 2026 |
| Prohibited if intentionally added | January 1, 2027 | |
| Prohibited if intentionally added | January 1, 2032 | |
| Rhode Island (SB 2152/HB 7356) |
| Prohibited if intentionally added | January 1, 2027 |
| Product manufacturers to submit notification if product contains intentionally added PFAS | By January 1, 2028, and by January 1 of each year thereafter | |
| Prohibited, unless unavoidable | December 31, 2032 | |
| Vermont (SB 197) |
| Prohibited from procurement by school districts, state or municipalities if 1) intentionally added that has a functional or technical effect, including PFAS that are intentional breakdown products of an added chemical, or 2) ≥100 ppm (as total organic fluorine) | July 1, 2025 |
| Vermont (HB 5441) |
| Prohibited | July 1, 2024 |
| Prohibited if 1) intentionally added that has a functional or technical effect, including PFAS that are intentional breakdown products of an added chemical, or 2) ≥100 ppm (as total organic fluorine) | January 1, 2025 | |
| Prohibited if 1) intentionally added that has a functional or technical effect, including PFAS that are intentional breakdown products of an added chemical, or 2) ≥ 50 ppm (as total organic fluorine) | July 1, 2028 | |
| Prohibited if 1) intentionally added that has a functional or technical effect, including PFAS that are intentional breakdown products of an added chemical, or 2) ≥ 50 ppm (as total organic fluorine) | July 1, 2029 | |
| Prohibited if intentionally added | July 1, 2032 | |
| Vermont (HB 601) |
| Prohibited if it contains a high priority material2 or high priority chemical3 | July 1, 2025 |
| 1 Also regulates PFAS and other chemicals in cosmetics and menstrual products. These are proposed to become effective in January 2025 2 High priority materials – 1) polyvinyl chloride (PVC), including polyvinylidene chloride (PVDC), 2) polystyrene (PS), including expanded PS, 3) polycarbonate (PC), 4) polyethylene terephthalate glycol in rigid packaging, 5) opaque or pigmented polyethylene terephthalate (PET) plastic bottles and 6) melamine 3 High priority chemicals – 1) PFAS, 2) ortho-phthalates, 3) bisphenols, 4) non-detectable pigments including carbon black, 5) oxo-degradable additives, including oxo-biodegradable additives, 6) UV-328 and 7) short chain (SCCP), medium chain (MCCP) and long chain chlorinated paraffins (LCCP), 8) benzophenone and its derivatives, 9) antimony trioxide when used as a processing aid for PET, 10) formaldehyde and 11) perchlorate | |||
Table 1
It is important to note that the language in a bill may change as it proceeds in the legislature.
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