Bill > HF588

Introduced Session

This bill relates to certain consumer products that contain perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill defines terms related to PFAS, including various types of products the bill affects. The bill prohibits the sale of food packaging, class B fire fighting foam, and fire fighting personal protective equipment that contains PFAS that were intentionally added. The bill makes an exception for new food packaging, class B fire fighting foam, and fire fighting personal protective equipment that is otherwise subject to the prohibition but was imported into the state or otherwise purchased or acquired by a retailer or wholesaler for sale or distribution in the state prior to January 1, 2026. The bill also prohibits a person, local government, or state agency from discharging or otherwise using for training purposes a class B fire fighting foam that contains PFAS that were intentionally added, with certain exceptions. The bill requires manufacturers to submit detailed information to the director of the department of natural resources (director) by January 1, 2026, for any product containing intentionally added PFAS. The required information includes a description of the product, the product’s purpose, and the amount of each PFAS in the product, contact details of the manufacturer, and any other additional information requested by the director. After the initial submission of information, the bill requires the manufacturer to submit the required information for any new products and update existing reports if significant changes occur. The bill allows the director to grant waivers for all or part of the information requirement if similar information is already publicly available or to extend the deadline requirement if the director determines more time is needed. The bill allows information submitted for the registration or approval of fertilizers, agricultural liming material, or pesticides regulated under other Code chapters to fulfill the information requirements. The bill allows the director to enter into an agreement with one or more other states or political subdivisions of a state to collect information and to accept information in a shared system as meeting the information requirement. If the director has reason to believe a product contains intentionally added PFAS, the bill allows the director to require the manufacturer of a product to test the product for PFAS to confirm the presence and quantity of PFAS in the product. The bill provides the procedures the manufacturer and director must follow depending on the outcome of the testing. The bill prohibits the sale of certain products containing intentionally added PFAS starting January 1, 2026, including carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture. The bill allows the environmental protection commission (EPC) to add additional products to this list if such products contain intentionally added PFAS. The bill prohibits the sale of any products containing intentionally added PFAS beginning January 1, 2032, unless the director determines the use of PFAS in the product is an unavoidable use. The bill allows the director to establish rules requiring a fee payable by the manufacturer upon the submission of the information requirements to cover the department of natural resources’ reasonable costs to implement the bill. The collected fees will be deposited in the environment first fund. The bill authorizes the director to enforce the provisions of the bill and to coordinate with other state agencies in the enforcement. The bill requires manufacturers to provide relevant compliance information when requested by the director. The bill does not apply to products regulated by federal law, products regulated under Code sections 455F.12 and 455F.13, the sale of used products, certain medical drugs or devices, or medical applications regulated by the United States food and drug administration. The bill authorizes EPC to adopt rules to implement the provisions of the bill. A violation of the bill is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $105 but not more than $855 or by both.

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Ken Croken (D)*, 

Introduced, referred to Health and Human Services. H.J. 423. (on 02/25/2025)

Official Document