More U.S. States Ban PFAS-Containing Products

By Raissa Havens, regulatory specialist, Supply Chain team, UL Solutions, with contributions from Eleanor Grimes, Chelsea Lane and Patricia Manteghi  

After Maine became the first U.S. state to ban the sale of products containing intentionally added per- and polyfluoroalkyl substances (PFAS), more and more states have implemented bans in different categories of products with various enforcement dates. 

The table below provides an overview of the states and the major categories of products that are restricted or prohibited when intentionally added PFAS are present. References have been provided as there are different effective dates on the bans as well as restrictions and/or certain prohibitions. Other provisions, which are not covered in this article, include obligations by the manufacturer, such as a notification requirement when selling firefighting personal protective equipment (PPE). 

*Effective date applies if the report required under Law 70A.222.070 finds that safer alternatives are available for specific food packaging applications

The definition of food packaging might differ per state, and prohibitions may exist for additional product categories. A few examples are provided below.

California 

The definition of food packaging provided under the California regulation includes food or beverage containers, takeout food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes and disposable plates, bowls or trays. There is also a restriction in the case of the level of PFAS in the food packaging, which may not be at or above 100 ppm, as measured in total organic fluorine. This regulation enters into force on Jan. 1, 2023.

PFAS regulations can also be found for rugs and carpets (Law Z-2020-0218-04), effective July 1, 2021, textile articles (Law 2021-0915-01), which takes effect on July 1, 2024, and Cosmetics (AB 2762 and AB 495), which takes effect Jan. 1, 2025.

Colorado

On June 3, 2022, House Bill 22-1345 was signed into law prohibiting the sale and distribution of consumer products containing PFAS chemicals, such as carpets or rugs, fabric treatments and oil and gas products, effective from Jan. 1, 2024. The ban also applies to cosmetics, indoor textile furnishings and indoor upholstered furniture, effective from Jan. 1, 2025.

Hawaii

Under Hawaii House Bill 1644, the definition of food packaging includes wraps and liners, plates, food boats and pizza boxes and takes effect on July 1, 2023.

Minnesota

The following bills were introduced into the Minnesota House regulating PFAS in a variety of categories with varying enforcement dates: 

• Ski wax (HF2952), July 1, 2024
• Carpets and fabric treatments (HF3180), Jan. 1, 2024
• Juvenile products (HF3571), Jan. 1, 2024
• Cookware (HF2907), Jan. 1, 2025
• Cosmetics (HF2906), Jan. 1, 2025
• Apparel or outwear (HF3076), Jan. 1, 2025

Vermont

Aside from regulating class B firefighting foam and food packaging, Act No. 36 (S.20) also prohibits the manufacture, offer for sale, distribution and use of residential rugs or carpets, aftermarket stain or water-resistant treatment for rugs or carpets, and ski wax to which PFAS have been intentionally added in any amount.

Washington

Law 70A.222.070 established a ban on PFAS in food packaging that became effective Jan. 1, 2022, if safer alternatives were available for specific food packaging applications. In February 2021, a report determined that safer alternatives were available for food boats, pizza boxes, plates and wraps, and liners. Later, in May 2022, alternatives became available for bags and sleeves, bowls, flat service ware, open-top containers and closed containers. The prohibition for these specific food packaging applications takes effect two years after the report is submitted.

PFAS chemicals in children’s products 

Some PFAS chemicals, particularly perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid and its salts (PFOS), have also been added to lists of toxic chemicals in children’s products. These regulations have set requirements for manufacturers and distributors, such as reporting those chemicals present in children’s products and other information to the State Department. On the table below are the states and their regulatory references regarding this category of products.

The ChemADVISOR^® Regulatory Database will continue to be updated as new information becomes available. Expect to see some of these regulations with the October 2022 release. 

Recommended action items

• Review your company’s products that are being sold in these states to confirm if they contain intentionally added PFAS.
• Seek substitute ingredient(s) if your product(s) contain PFAS substances that are prohibited or restricted and ensure compliance with requirements set by each regulation. 

References

Arizona
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/36/01696.htm

Arkansas
https://www.arkleg.state.ar.us/Bills/Detail?ddBienniumSession=2021%2F2021R&measureno=HB1351

California 
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1200
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB652

Colorado
https://leg.colorado.gov/bills/hb19-1279
https://leg.colorado.gov/bills/hb22-1345

Connecticut
https://www.cga.ct.gov/2021/ACT/PA/PDF/2021PA-00191-R00SB-00837-PA.PDF

Georgia 
https://casetext.com/statute/code-of-georgia/title-25-fire-protection-and-safety/chapter-2-regulation-etc-of-fire-and-other-hazards-to-persons-and-property-generally/section-25-2-41-use-of-class-b-fire-fighting-foam

Hawaii
https://www.capitol.hawaii.gov/session2022/bills/GM1253_.PDF

Illinois
https://www.ilga.gov/legislation/publicActs/fulltext.asp?Name=102-0290&GA=102

Indiana
http://iga.in.gov/legislative/2020/bills/house/1189

Kentucky
https://apps.legislature.ky.gov/record/19rs/SB104.html

Louisiana
https://legiscan.com/LA/text/HB389/2021

Maine
https://www1.maine.gov/sos/cec/rules/06/chaps06.htm

Maryland 
https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0273

Michigan
http://www.legislature.mi.gov/(S(4f4jmeop0s1ebda0ho4kvvrq))/mileg.aspx?page=getObject&objectName=mcl-29-369c

Minnesota
https://www.revisor.mn.gov/bills/text.php?number=SF20&version=1&session=ls92&session_year=2021&session_number=1
https://www.revisor.mn.gov/statutes/cite/325F.072

Nevada
https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7397/Text

New Hampshire
https://www4.des.state.nh.us/nh-pfas-investigation/?page_id=148

New York
https://www.nysenate.gov/legislation/bills/2019/S8817
https://www.nysenate.gov/legislation/bills/2019/S439
https://www.nysenate.gov/legislation/bills/2019/s501/
NY State Senate Bill S501B (nysenate.gov)

Oregon
Oregon Health Authority : Toxic-Free Kids Program : Toxic Substances : State of Oregon

Rhode Island 
http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2044A.pdf

Vermont
https://legislature.vermont.gov/Documents/2022/Docs/ACTS/ACT036/ACT036%20Act%20Summary.pdf
https://legislature.vermont.gov/statutes/section/18/038A/01773

Virginia
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-207.1/

Washington  
https://apps.leg.wa.gov/rcw/default.aspx?cite=70A.222.070
https://app.leg.wa.gov/RCW/default.aspx?cite=70A.400
https://apps.leg.wa.gov/wac/default.aspx?cite=173-334-130

Wisconsin
https://docs.legis.wisconsin.gov/statutes/statutes/299/48