Bill > A1421

Introduced Session

This bill would prohibit the sale of certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), require greater transparency in the labeling of certain products containing PFAS, establish a source reduction program concerning the proper management of PFAS, and appropriate money for PFAS-related research. As defined in the bill, "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. Specifically, the bill would require, beginning one year after the bill's effective date, a manufacturer of a product for sale in the State that contains intentionally added PFAS to submit to the Department of Environmental Protection (DEP) a written notification that includes: (1) a brief description of the product; (2) the purpose for which PFAS are used in the product, including in any product components; (3) the amount of each of the PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the DEP; (4) the name and address of the manufacturer; (5) the name, address, email address, and phone number of a contact person for the manufacturer; and (6) any additional information determined by the DEP to be necessary. A manufacturer would be able to submit the notification information to the DEP for a category of products that are substantially similar, as determined by the DEP, rather than for each individual product. Upon submission of the required notification information, a manufacturer would also be required to pay the $1,000 fee to the DEP imposed pursuant to section 5 of the bill. Beginning two years after the bill's effective date, a manufacturer that has failed to provide the DEP with the required notification information or pay the required fee would be prohibited from selling, offering for sale, or distributing for sale in the State a product containing intentionally added PFAS. If the DEP has reason to believe that a product containing intentionally added PFAS is being offered for sale or distribution in the State in violation of section 6 of the bill, the DEP would be required to direct the manufacturer of the product to, within 30 days: (1) certify, in writing, to the DEP that the product does not contain intentionally added PFAS; or (2) notify persons who sell that product in this State that the sale of that product is prohibited in the State and provide the DEP with a list of the names and addresses of those notified. A retailer would not be prohibited from selling a product containing intentionally added PFAS unless the retailer sells, offers for sale, or distributes for sale a product for which the retailer has received notification from the product's manufacturer or the DEP that sale of the product is prohibited. The bill would also prohibit, beginning two years after the bill's effective date, the sale, offer for sale, or distribution of cosmetics, carpets, fabric treatment, and food packaging that contain intentionally added PFAS. Section 15 of the bill establishes penalties for violations of the bill's provisions, or any rules or regulations adopted pursuant thereto, and for any manufacturer who knowingly makes a false certification to the DEP pursuant to section 7 of the bill or violates the provisions of subsection d. of section 11 of the bill by making a false claim on the product label or Internet website for a cookware product. The bill also includes provisions that would allow products containing a trace amount of PFAS to continue to be sold, distributed, and manufactured within the State without the product being in violation of the bill's provisions as long as the trace amount stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the product. The bill's intent is to prohibit the intentional addition of PFAS into these products. In addition, the bill would require, beginning two years after the bill's effective date, manufacturers of cookware sold in the State that contains intentionally added PFAS in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages to list the presence of PFAS on the product label. The bill would require the product label to include a statement, in both English and Spanish, which reads: "This product contains PFAS," and the statement would be required to be placed on the label in a manner that is visible and legible to the consumer. The statement would be required to be included on the cookware product's product listing on the manufacturer's Internet website as well. Beginning two years after the bill's effective date, a manufacturer would be prohibited from making a claim, on the product label or Internet website for the cookware product, that the cookware is free of PFAS if PFAS was intentionally added to the cookware. Certain cookware products that meet the requirements in subsection e. of section 11 of the bill would be exempt from the labeling requirements of the bill. Beginning two years after the bill's effective date, the sale, offer for sale, and distribution of cookware that contains PFAS would be prohibited unless the cookware product and the manufacturer of the cookware has complied with the bill's cookware labeling requirements. A violation of this provision would be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), commonly known as the State's "Consumer Fraud Act." As provided by section 1 of P.L.1966, c.39 (C.56:8-13), an unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured. The bill would also require the DEP to recommend to the Legislature products, in addition to those prohibited from being sold, offered for sale, or distributed pursuant to the bill, by category or use that should not be sold, offered for sale, or distributed for sale in this State if they contain intentionally added PFAS. In determining which additional products containing PFAS should be prohibited for sale or distribution within the State, the DEP would be required to prioritize the prohibition of the sale of product categories or uses that, in the DEP's judgment, pose the greatest risk to public health or are most likely to cause contamination of the State's air, land, or water resources if they contain intentionally added PFAS. Under the bill, the DEP would have the authority to audit or investigate a manufacturer to assess the manufacturer's compliance with bill's provisions. Each year, the DEP may audit, or cause to be audited, a random sample of manufacturers in order to determine compliance. Manufacturers are required to cooperate fully with any audit or investigation conducted, and the DEP may require a manufacturer to pay the costs of an audit conducted. The bill would require the DEP to establish, no later than one year after the bill's effective date, a source reduction program to reduce the presence of PFAS in the State's air, water, and soil by encouraging the proper management of materials that contain PFAS and the use of safer alternatives. The program would be required to include, at a minimum: (1) informational resources targeted to industrial and commercial users of PFAS; (2) education of the general public concerning PFAS and its environmental and health impacts; (3) to the extent funds are available, grants to operators of publicly owned treatment works for the purposes of developing, expanding, or implementing pretreatment standards for PFAS and education of users on sources of PFAS and proper management; (4) to the extent funds are available, grants to municipalities for the purposes of educating solid waste disposal users on sources of PFAS and its proper management; and (5) any other information and efforts that are determined by the DEP to be beneficial in reducing the presence and impact of PFAS in the State. The DEP would be required to submit a report to the Governor and the Legislature, no later than two years after the bill's effective date, and annually thereafter for 10 years, on the effectiveness of the program in reducing PFAS discharges to air, water, and soil within the State, and educating industrial and commercial users of PFAS and residents of the State on PFAS and its proper management. The bill would also require the DEP to conduct PFAS-related research and comprehensive monitoring and testing of the presence and impact of PFAS on the environmental media within the State, including air, water, biota, and soil. The purpose of the DEP's research would be to gain knowledge surrounding the subject of PFAS, provide insight into the proper management and mitigation of PFAS within the State, and to protect the environment from the adverse impacts of PFAS. The DEP's research would be required to include, at a minimum: (1) the collection of soil samples from throughout the State for monitoring and testing for PFAS; (2) the collection of water samples from throughout the State for monitoring and testing for PFAS; (3) the collection of air samples from throughout the State for monitoring and testing for PFAS; (4) the collection of fish, plant, and animal samples from throughout the State for monitoring and testing for PFAS; (5) the comparison of PFAS samples gathered across the State in an effort to measure levels of PFAS contamination and also determine if there are any hotspots of PFAS contamination in the State; (6) research concerning the impact of PFAS on the State's air, water, and soil quality and ways to mitigate the negative impacts of PFAS; (7) data collection of research findings and mitigation efforts concerning PFAS in other States and countries; and (8) any other data collection and research that the department deems necessary to improve the current foundation of knowledge on the subject of PFAS. No later than two years after the bill's effective date, and annually thereafter, the DEP would be required to submit a report to the Governor and the Legislature summarizing their research findings and activities and providing recommendations for programs, policies, and legislation to address the presence of PFAS in the State. The bill would appropriate from the General Fund to the DEP the sum of $5 million for the purposes of implementing the source reduction program, conducting PFAS-related research, and monitoring and testing environmental media, such as air, water, and soil, for PFAS pursuant to the bill. Any proprietary information or trade secrets included in any written notification, certification, or any other record submitted to the DEP pursuant to this bill is required to be kept confidential from the general public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act. Finally, the bill authorizes the DEP to adopt rules or regulations necessary to implement the provisions of the bill. PFAS are man-made chemical compounds that have multiple fluorine atoms bonded to a chain of carbon atoms. Since the 1930s, PFAS have been widely used in countless consumer products because they repel oil, water, and grease. There are over 12,000 different types of PFAS, and new types are invented on a nearly daily basis. PFAS are commonly found in products such as polishes, waxes, paints, cleaning products, cookware, cosmetics, carpet treatments, fire extinguishing foam, dental floss, shampoos, waterproof clothing, food packaging, and even microwave popcorn. As a result, the presence of PFAS in the environment is widespread, and further exacerbated by multiple sources. The carbon-fluorine bond that forms PFAS is one of the strongest chemical bonds found in nature and does not break down under typical environmental conditions. As a result, PFAS are nicknamed "forever chemicals" because they accumulate, rather than break down, over time. PFAS may enter the environment in the following ways: (1) the disposal of products containing PFAS in landfills, thereby contaminating the surrounding soil, groundwater, and source water; (2) the utilization of PFAS by manufacturing sites, which may result in contamination of the surrounding ground and surface waters; (3) the utilization of sludge byproducts containing PFAS on agricultural land, thereby leading to water and soil contamination; (4) the discharge of PFAS by wastewater treatment plants into source waters that service public drinking water systems; and (5) the contamination of private wells by groundwater containing PFAS. The widespread presence of PFAS in the water, soil, and air, results in the contamination not only of public drinking water systems and wells, but also of the food products humans and animals ingest. Plants, fish, and livestock, are commonly exposed to PFAS-contaminated water or food and are consumed daily by most Americans. Studies have indicated that exposure to PFAS, and the resulting buildup of PFAS in the human body, may be linked to certain harmful health effects in both humans and animals. It is crucial to begin prohibiting the sale and distribution of products containing intentionally added PFAS within the State and to increase transparency with consumers of products that contain PFAS. In addition, there is a need for greater education surrounding PFAS and its impact on the environment and the health of the State's citizens.

Committee Categories

Alixon Collazos-Gill (D)*,  Shama Haider (D)*,  Lisa Swain (D)*,  Clinton Calabrese (D),  Ellen Park (D),  Jessica Ramirez (D),  Shanique Speight (D),  Anthony Verrelli (D), 

Introduced, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee (on 01/09/2024)

Official Document