Bill > S4367

Introduced Session

This bill would establish requirements and prohibitions for the sale, offer for sale, and distribution for sale of certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). As defined in the bill, "PFAS" means non-polymeric perfluoralkyl substances, saturated polyfluoroalkyl substances, and side-chain fluorinated polymers that contain at least two fully fluorinated sequential carbon atoms, excluding gases and substances that become gases in use that are regulated under various state, federal, and international programs, and "intentionally added PFAS" means PFAS added to a product or one of the product's components to provide a specific characteristic, appearance, or quality or to perform a specific function. "Intentionally added PFAS" also includes any degradation byproducts of PFAS. Specifically, the bill would prohibit, beginning three years after the bill's effective date, the sale, offer for sale, and distribution for sale of the following covered products, if they are sold to customers for residential use, in the State: (1) apparel; (2) carpet; (3) fabric treatment; (4) cosmetics; (5) food packaging; (6) juvenile products; (7) feminine hygiene products; (8) ski wax; and (9) textile articles. Beginning two years after the bill's effective date, the bill would prohibit the sale, offer for sale, or distribution for sale in the State of any new, not previously used, outdoor apparel designed for severe wet conditions containing intentionally added PFAS unless the outdoor apparel designed for severe wet conditions is labeled with a legible and easily discernable notification that reads "Made with PFAS" to inform consumers that the product contains PFAS. The bill would also prohibit, beginning five years after the bill's effective date, the sale, offer for sale, or distribution for sale in the State of outdoor apparel designed for severe wet conditions containing intentionally added PFAS. In addition, the bill would require, beginning one year 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 product label of a cookware product containing intentionally added PFAS would be required to include a statement, in both English and Spanish, that reads: "This product contains PFAS," and an internet website and quick response (QR) code that links to a website providing information about the reasons PFAS is intentionally added to the product. The bill provides certain exemptions to the labeling requirements for certain cookware. Beginning one year after the bill's effective date, the bill would prohibit the sale, offer for sale, and distribution for sale of cookware containing intentionally added PFAS unless the cookware and the manufacturer of the cookware has complied with the bill's labeling requirements. The bill would also prohibit, beginning two years after the bill's effective date, a person, local government, or State agency from discharging for training purposes class B firefighting foam containing intentionally added PFAS. The bill would prohibit, beginning two years after the bill's effective date, a person, local government, or State agency from discharging for testing purposes class B firefighting foam containing intentionally added PFAS, unless otherwise required by law or the authority having jurisdiction and the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of the class B firefighting foam into the environment. The bill's provisions concerning class B firefighting foam would not restrict the manufacture, sale, or distribution of class B firefighting foam containing intentionally added PFAS or the discharge or use of class B firefighting foam in emergency firefighting or fire prevention operations. In addition, beginning two years after the bill's effective date, for the purposes of training for firefighting operations, fire departments would be required to utilize non-fluorinated training foams or other non-fluorinated surrogates. Training for firefighting operations would be required to be conducted under conditions conducive to the collection of spent firefighting foam regardless of the type of foam being utilized. The bill would establish a civil administrative penalty of not less than $1,000 nor more than $20,000 for each violation of the bill's provisions. The bill would also establish a civil penalty not to exceed $25,000 for a violation of the bill's provisions. The penalties would be assessed for each day during which the violations continued.

AI Summary

Committee Categories

John Burzichelli (D)*, 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 05/12/2025)

Official Document