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.
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.
Manufacturers, including importers of articles and small manufacturers must report PFAS content.
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. Contact Enviropass for support with your PFAS declarations.
It is a mandatory data-gathering requirement, applicable from January 29, 2025, according to Section 71 notice of CEPA. In a nutshell, producers of imported and manufactured items in Canada must report any of the 312 listed PFAS content if:
For example, the first reporting obligation by the end of January 2025 covers the PFAS information in 2023.
Finally, additional reporting details may apply, for example, if PFAS are to be in direct contact with the user’s skin.
Note: * the 10g threshold per Schedule 1 part 1 includes PFAS usually present in liquids (lubricants) and salts.
Law | Prohibition Date | Scope |
|---|---|---|
Limitation for fish consumption from 1 reservoir and 2 creeks | Advisory | PFOS and fish consumption |
Law | Prohibition Date | Scope |
|---|---|---|
Limitation for fish consumption in Kimberly Lake | Advisory | Fish consumption |
Law | Prohibition Date | Scope |
|---|---|---|
AB 1423 AB 652 AB 1200 AB 1201 AB 2762 AB 2771, AB 496 SB 1266 AB 1817 AB 246 SB 343 Regulation, DTSC (Department of Toxic Substances Control) Related Information AB 347 | January 1, 2026 July 1, 2023 January 1st, 2024 January 1st, 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 Compostable packaging Cosmetics Childern's feeding, uscking, and teething products Other children products Food packaging Textile Menstrual products Products sold to California Packaging with PFAS is considered are non-recyclable Rugs and carpets treatments – converted textiles or leather Textiles and apparel |
Law | Prohibition Date | Scope |
|---|---|---|
SB 81 HB22-1345 | July 1st, 2024 January 1st, 2025 January 1st, 2032 January 1st, 2024 – January 1, 2027 January 1st, 2025 January 1st, 2026 January 1st, 2027 January 1, 2028 | Artificial turfs Cleaning products Dental floss Furnishings and upholstered furniture Outdoor clothing suitable for extreme weather conditions (with possible label until 2028) Menstruation products Ski wax Textile articles Any products On the handle of cookware or any surface that comes into contact with food, foodstuffs, or beverages, with possible labelling requirements Carpets Children’s products Fabric treatments - Indoor textile Oil and gas products Cosmetics Indoor textile furnishings Indoor upholstered furniture Household cleaning products, excluding floor maintenance products used in hospitals or medical settings Kitchenware Dental floss Menstrual products Ski wax Synthetic grass Outdoor fabric furnishings Outdoor upholstered seating Floor maintenance cleaning products specifically designed for hospital or medical settings Commercial food equipment that directly contacts food primarily intended for use in commercial settings Outdoor clothing designed for severe wet conditions Textile items |
Law | Prohibition Date | Scope |
|---|---|---|
Public Act No. 21-191 Connecticut Department of Public Health has issued limitations for fish consumption in numerous locations. Public Act No. 24-59 (SB 292) | June 15, 2023 October 1, 2021 January 1, 2026 July 1, 2026 January 1, 2028 | Fish consumption Food packaging Gear for extreme wet weather conditions with the label ''Made with PFAS chemicals'' Protective firefighting gear PFAS content label for:
PFAS prohibition for:
|
Law | Prohibition Date | Scope |
|---|---|---|
HB 257 HB 390 | Proposed | Feminine products Cosmetics |
Law | Prohibition Date | Scope |
|---|---|---|
HB1644 HB 1896 SB 2427 | July 1, 2024 December 31st, 2024 December 31, 2026 | Class B firefighting foams Food packaging (fibers) Cosmetics Food service ware (single use) Personal care products |
Law | Prohibition Date | Scope |
|---|---|---|
SB 0088 HB 1282 SB 0066 SB 2705 HB 4627 and SB 2705 | Proposed January 1, 2025 As of July 1st, 2026, and on July 1st annually thereafter until January 1st, 2032 | Apparel Oil and gas products Recycling Carpets or rugs Cleaning products Compostable products Cookware Cosmetics Dental floss Fabric treatments Food packaging Juvenile products Upholstered furniture and textile furnishings - indoor and outdoor Ski wax All products and components (PFAS notifications) |
Law | Prohibition Date | Scope |
|---|---|---|
Limitation for fish consumption from rivers, streams, and lakes for PFOS substances. | Advisory | Fish consumption |
Law | Prohibition Date | Scope |
|---|---|---|
HF 62 | Proposed | Food packaging |
Law | Prohibition Date | Scope |
|---|---|---|
HB 116 | From January 1, 2025, and on every subsequent January 1 thereafter. | Any product (PFAS notification) |
Law | Prohibition Date | Scope |
|---|---|---|
LD 217 and LD 1503 (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 of currently unavoidable use (CUU), then ban in 2032 in all consumer products Carpets, rugs, and fabric Children’s products Composting and fertilizer Fish consumption Food packaging Pesticides |
Law | Prohibition Date | Scope |
|---|---|---|
HB 275 and SB 273 HB 643 Limitation for fish consumption in Piscataway Creek SB 0158 HB 31 | January 1st, 2024 January 1st, 2025 Advisory June 1, 2023 Proposed | Carpets and rugs Food packaging (fibers) Cosmetics Fish Consumption Pesticides Recycling |
Law | Prohibition Date | Scope |
|---|---|---|
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 S 2564 | Proposed February 2023 Proposed Proposed Proposed | Artificial turf Declaration, then prohibition of PFAS in:
Fish consumption Fertilizer Food packaging Mosquito management Children's product, which encompass:
|
Law | Prohibition Date | Scope |
|---|---|---|
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 |
Law | Prohibition Date | Scope |
|---|---|---|
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 | Carpets or rugs; Cleaning products; Cookware; Cosmetics; Dental floss; Fabric treatments; Juvenile products, including electrical and electronics; Menstrual products; Textile furnishings; Ski wax; or Upholstered furniture. 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 |
Law | Prohibition Date | Scope |
|---|---|---|
SB 76 | Proposed | Carpets and rugs Children’s products Cookware – certain labelling requirements Cosmetics Fabric treatments Food packaging Textile furnishings and upholstered furniture - indoor |
Law | Prohibition Date | Scope |
|---|---|---|
HB 465 Limitation for fish consumption in 5 lakes HB 1352 HB 1649 | Proposed Advisory January 1, 2025 July 1st , 2026 January 1st, 2027 | Stain-resistant treatments Fish consumption Fire station attire, limited to uniform shirts or pants. Any products: PFAS notifications and labels Carpets and rugs Cosmetics Dental floss Fabric treatments Feminine hygiene products Fluorine-treated containers Food packaging and containers Juvenile products PPE (Personal protective equipment) Upholstered furniture |
Law | Prohibition Date | Scope |
|---|---|---|
S 3177 Limitation for fish consumption A 1554 | Proposed Advisory Proposed | Carpets and fabric treatments Cookware Cosmetics Food packaging Labelling requirements Fish consumption Recycling |
Law | Prohibition Date | Scope |
|---|---|---|
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 A09005 | Proposed January 1, 2025 Proposed Proposed December 31st, 2022 Proposed Proposed January 1st, 2026 January 1st, 2027 January 1st, 2032 | Anti-fogging sprays and wipes Apparel Architectural paints Children’s products Cleaning products Ski wax Children’s products Cosmetics and personal care products Feminine hygiene products Fish consumption Food packaging Packaging and recycling Pet products Any products (with PFAS notification) Carpets or rugs Cookware Cosmetics Fabric treatments and textile articles Personal care products Any products |
Law | Prohibition Date | Scope |
|---|---|---|
HB 279 | Advisory Proposed | Fish consumption Packaging |
Law | Prohibition Date | Scope |
|---|---|---|
SB 874 | Proposed | Labelling for biosolids |
Law | Prohibition Date | Scope |
|---|---|---|
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 |
Law | Prohibition Date | Scope |
|---|---|---|
HB 1122 | Proposed | Food packaging |
Law | Prohibition Date | Scope |
|---|---|---|
SB 16 and SB 196 HB 5086 HB 7438 and S 2044 HB 7356 and SB 2152 | Proposed Proposed January 1st, 2025 January 1st, 2027 January 1st, 2028 December 31st, 2032 | Apparel and uniforms Class B firefighting foams Cleaning products Composting Food packaging Artificial Turfs Carpets or rugs Children’s products Cookware Cosmetics Fabric treatments Menstrual products Ski wax Textile articles, furnishings and upholstered furniture Any products (PFAS notification) Any products |
Law | Prohibition Date | Scope |
|---|---|---|
HB 1855 | Proposed July 1, 2023 July 1, 2022 July 1st, 2023 Class B firefighting foam: July 1, 2022 unless used at a terminal: January 1, 2024 July 1st, 2024 July 1st, 2025 (<100 ppm total organic fluorine) July 1st, 2028 (<50 ppm total organic fluorine) July 1st, 2029 (<50 ppm total organic fluorine) July 10st, 2032 | Cookware Cosmetics Menstrual products Paper products Pesticides Carpets and rugs Water-resistant treatments Children’s products Packaging Labeling and composting Firefighting foam Artificial sports turf field Ski wax Fabrics or textile goods Outdoor clothing designed for extreme wet weather conditions Any products |
Law | Prohibition Date | Scope |
|---|---|---|
S25 H 152 18 V.S.A. §1773 18 V.S.A. § 1672(a) and HB 601 HB 544 | January 1, 2026 July 1, 2026 July 1, 2027 Proposed July 1, 2022 July 1st, 2023 July 10st, 2032 | Carpets and rugs for homes Children's products Cooking utensils Incontinence protection items Firefighting foam for Class B fires Personal protective equipment (PPE) Products applied post-purchase to enhance rugs and carpets' stain and water resistance Ski wax Synthetic grass Food packaging (for PFAS, ortho-phthalates, and bisphenols) Textiles and textile articles Cosmetics Paper products Pesticides Children’s products Packaging Labeling and composting Outdoor clothing designed for extreme wet weather conditions Any products |
Law | Prohibition Date | Scope |
|---|---|---|
HB 1855 | Proposed | PFAS prohibited in children's products |
Law | Prohibition Date | Scope |
|---|---|---|
WAC 173-337 HB 1047 WAC 173-334-010 et seq. HB 1694 WA ST 70A.222.070 | January 31, 2020 January 1st, 2025 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 |
Law | Prohibition Date | Scope |
|---|---|---|
Advisory | Deer and fish consumption |
TSCA is not the only regulation targeting PFAS. Here are some others:
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 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:
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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