Over the past years, lawmakers have been publishing new environmental regulations to target specific issues. Such laws vary from one jurisdiction to another, depending on public concern and impacts on the environment. Various hazardous chemicals constitute a risk of exposure to product consumers. The PFAS chemicals is one of them.
State | Law | Prohibition Date | Scope |
|---|---|---|---|
Alabama | Limitation for fish consumption from 1 reservoir and 2 creeks | Advisory | PFOS and fish consumption |
Alaska | Limitation for fish consumption in Kimberly Lake | Advisory | Fish consumption |
California | AB 1423 AB 652 AB 1200 AB 1201 AB 2762 AB 2771, AB 496 AB 1817 AB 246 SB 343 Regulation, DTSC (Department of Toxic Substances Control) Related Information AB 347 | January 1, 2026 July 1, 2023 January 1, 2023 January 1, 2026 January 1, 2024 January 1, 2025 January 1, 2025 January 1, 2025 December 24, 2021, for PFOS February 25, 2022, for PFOA January 1, 2024 April 1, 2022 January 1, 2025 | Artificial turf Children’s products Cookware and food packaging Composting Cosmetics Juvenile products and food packaging Menstrual products Products sold to California Recycling Rugs and carpets treatments – converted textiles or leather Textiles and apparel |
Colorado | HB22-1345 | January 1st, 2024 – January 1, 2027 | Carpets Children’s products Cookware with possible labelling requirements Cosmetics Fabric treatments Food packaging Oil and gas products Rugs Textile furnishings and upholstered furniture - indoor and outdoor |
Connecticut | Public Act No. 21-191 Connecticut Department of Public Health has issued limitations for fish consumption in numerous locations. | June 15, 2023 October 1, 2021 | Fish consumption Food packaging |
Georgia | HB 257 HB 390 | Proposed | Feminine products Cosmetics |
Hawaii | HB1644 SB 504 | July 1, 2024 December 31, 2024 Proposed | Class B firefighting foams Food packaging Food service ware, Cosmetics, Personal care products |
Illinois | SB 0088 HB 1282 SB 0066 | Proposed |
|
Indiana | Limitation for fish consumption from rivers, streams, and lakes for PFOS substances. | Advisory | Fish consumption |
Iowa | HF 62 | Proposed | Food packaging |
Maine | LD 1537 and 38 M.S.R.A. 16 §1614 38 M.S.R.A. §1693-A(1), 06-096 Chapter 890 LD 1911 32 M.S.R.A. §26A.1731-1738 LD 264, LD 2019 | Proposed January 1, 2023 July 28, 2020 January 1, 2023 Advisory January 1, 2022 January 1, 2030 | Written notification, then ban in 2030 in all consumer products Carpets, rugs, and fabric Children’s products Composting and fertilizer Fish consumption Food packaging Pesticides |
Massachussetts | S 524 H 2197 S 175 H 779 Limitation for fish consumption in 13 state parks S 39 S 1431, H 3676, and H 767 S 445 | Proposed February 2023 Proposed Proposed | Artificial turf Declaration, then prohibition of PFAS in:
Fish consumption Fertilizer Food packaging Mosquito management |
Maryland | SB 273 HB 643 Limitation for fish consumption in Piscataway Creek SB 0158 HB 31 | January 1, 2023 September 1, 2023 Advisory June 1, 2023 Proposed | Carpets and rugs Food packaging Cosmetics Fish Consumption Pesticides Recycling |
Massachusetts | S 524 H 2197 S 175 S 39 Limitation for fish consumption in thirteen state parks H 3676, H 767S,and 1431 S 445 H 779 | Proposed Advisory Proposed | Artificial turf
Fertilizer Fish consumption Food packaging Mosquito control Packaging and recycling |
Michigan | MDHHS 'do not eat' restriction in losco County Limitation for fish consumption in various places PFOS control in Great Lakes SB 327 | Advisory Proposed | Aquatic lfe and deer consumption Fish consumption PFOS restrictions Food packaging |
Minnesota | HF 2310 SF 669 SF 73 HF 552 Limitation for fish consumption in various places M.S.A. § 325F.075 HF 1150 HF 2571 | January 1st, 2025 January 1, 2026 January 1, 2026 January 1st, 2032 January 1, 2022 January 1, 2025 Advisory January 1st, 2024 Proposed Proposed | Prohibition of PFAS in:
Notification: Obligation to notify the Minnesota Pollution Control Agency of products containing PFAS Prohibition in any product that intentionnally contains PFAS, unless unavoidable and exempted. Cannabis packaging Children’s products Fish consumption Food packaging Pesticide Recycling |
Nevada | SB 76 | Proposed | Carpets and rugs Children’s products Cookware – certain labelling requirements Cosmetics Fabric treatments Food packaging Textile furnishings and upholstered furniture - indoor |
New Hampshire | HB 465 Limitation for fish consumption in 5 lakes HB 242 | Proposed Advisory Proposed | Carpets and rugs Stain-resistant treatments Fish consumption Food packaging |
New Jersey | S 3177 Limitation for fish consumption A 1554 | Proposed Advisory Proposed | Carpets and fabric treatments Cookware Cosmetics Food packaging Labelling requirements Fish consumption Recycling |
New York | S 992A S 1322 A 03571, A 9272, S 834, and S 5648A S 501B S 4171 and S 4265 A 05990 N.Y. E.C.L. § 37-0209 S 4246A A 00773 | Proposed January 1, 2025 Proposed Proposed December 31st, 2022 Proposed Proposed | Anti-fogging sprays and wipes Apparel Architectural paints Carpets and rugs Children’s products Cleaning products Cookware Cosmetics Fabric treatments and textile articles Personal care products Ski wax Children’s products Cosmetics and personal care products Feminine hygiene products Fish consumption Food packaging Packaging and recycling Pet products |
North Carolina | HB 279 | Advisory Proposed | Fish consumption Packaging |
Oklahoma | SB 874 | Proposed | Labelling for biosolids |
Oregon | Toxic Free Kids Act: ORS 431A.250 et al. SB 546 SB 543 | July 27, 2015 Proposed Advisory | Children’s products Cosmetics Fish consumption Food containers |
Pennsylvania | HB 1122 | Proposed | Food packaging |
Rhode Island | SB 16 and SB 196 HB 5086 S 2044 | Proposed Proposed January 1, 2024 | Apparel and uniforms Artificial turf Carpets and rugs Children’s products Class B firefighting foams Cleaning products Cookware Cosmetics Fabric treatments Menstrual products Ski wax Textile articles, furnishings and upholstered furniture Composting Food packaging |
Tennessee | SB 0573 | July 1, 2028 | Food packaging |
Vermont | H 152 and S 25 18 V.S.A. §1682 18 V.S.A. §1773 18 V.S.A. § 1672(a) H 50 18 V.S.A. §1692 | Proposed July 1, 2023 July 1, 2022 July 1st, 2023 July 1, 2023 Class B firefighting foam: July 1, 2022 unless used at a terminal: January 1, 2024 | Apparel and testile Artificial turf Cookware Cosmetics Menstrual products Paper products Pesticides Carpets and rugs Water-resistant treatments Children’s products Food packaging Labeling and composting Ski wax
|
Virginia | HB 1855 | Proposed | Virginia |
Washington | WAC 173-337 HB 1047 WAC 173-334-010 et seq. HB 1694 WA ST 70A.222.070 | January 31, 2020 January 1, 2026 Advisory May 2024; implemented two years after Washington’s Department of Ecology submits a finding of safer alternatives to the Colorado legislature | PFAS reporting obligation to :
Cosmetics Children’s products Consumer products in the Chemical Action Plan Fish consumption Food packaging |
Wisconsin | Advisory | Deer and fish consumption |
Public authorities typically tend to either:
The latter applies to the US Toxic Substances Control Act (TSCA) regulating per- and polyfluoroalkyl substances (PFAS).
PFAS substances are any chemical substance or mixture that has the following structure:
R-(CF2)-C(F)(R’)R”.
CF2 and CF moieties are saturated carbons. None of the R groups (R, R’, or R”) are hydrogen.
These man-made chemicals have the main chain of carbon atoms, surrounded by fluorine atoms, while the endings of these structures can be different.
Because of their molecular structures, PFASs:
PFAS is a large group of chemicals. Here are some of them:
Perfluorooctanoic acid (PFOA) and perfuorooctane sulfonic acid (PFOS) are the most well-known PFAS. They have been produced massively since their discovery in the 1930s and 1940s. GenX has been used to replace PFOA.
PTFE, commercialized under the brand name of Teflon, is a household name.
Different products and industries use these substances. For example, the following applications may require PFAS chemicals:
Because of human releases from the production, byproducts, and products waste, PFASs contaminate drinking water sources. The release of PFASs into the environmental bring public health concern, as some of these PFAS are:
They are called PBT substances. PFOA and PFOS are some of them. They tend to accumulate in the body after exposure and stay there for a long time.
Ultimately, PFAS can affect :
Since 1976, the US Environmental Protection Agency (EPA) has been implementing a regulation known as TSCA, which stands for Toxic Substances Control Act. The objective of TSCA is to control new or existing chemicals in the US market and then protect both Americans and the environment.
As you can imagine, TSCA has been amended multiple times over the years, with additional restricted substances. Furthermore, the Lautenberg Chemical Safety for the 21st Century Act is a reform that gave birth to the TSCA-PBT, with the restriction of some persistent, bioaccumulative, and toxic substances.
Since 2020, TSCA has set precise rules to restrict PFAS. In July 2020, EPA gave the Significant New Use Rule (SNUR) requiring the notice and review of LC-PFCAs in products. The aforementioned PFOA substances are part of the LC-PFCAs family, which are a subgroup of long-chain perfluorinated carboxylic acids.
This requirement applies to LC-PFAC chemical substances used in the surface coating of imported articles, including:
Manufacturers, including importers of articles above and small manufacturers, would be required to report PFAS content, most likely as of 2023.
As mentioned above, the 86 FR 33926 amendment of June 28, 2021, requires manufacturers to file electronic reports with data about intentionally added PFAS. The PFAS by product/family reporting and recordkeeping obligations include:
There is no exception in the proposed rule for articles, impurities, and byproducts.
TSCA is not the only regulation targeting PFAS. Here are some others:
At Enviropass, we can help you assess your products and analyze their compliance with the TSCA and other regulations ruling PFAS chemicals in products.
* Provided information in this blog is indicative only and can’t replace the regulations. We keep monitoring the applicable requirements which are constantly updated.
Do you need to verify your product obligations and comply?
Request your free consultation with an Enviropass expert!
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