Toxic PFAS (perfluoroalkyl substances) “forever chemicals” (a family of over 12,000 chemical compounds) are ubiquitous in the U.S. and are found in nonstick cookware, bake ware and cooking utensils, electronics and tech devices, stain-proof, as well as waterproof clothing, carpeting and furniture, cosmetics, perfumes and moisturizers, and many, many other personal and household products, as well as in the soil, air and water–including drinking water in public systems and private wells.  PFAS chemicals (especially the most commonly used ones…PFOA, PFOS, C604 and GenX) have been linked in scientific studies to serious health consequences such as increased cancer risk, kidney disease, celiac disease, and weakened immune systems, among other serious adverse health consequences.*

PFAS chemicals have among the strongest bonds in chemistry and at the present time there is no ‘death’ of these chemicals, meaning they do not break down over time, but appear they will live on “forever”.  PFAS chemicals are not regulated by the U.S. government so it is up to individual states to determine and regulate PFAS chemicals to protect their residents.  Many states are not addressing the PFAS problem, but some are. Below are some state laws being proposed or enacted to help protect state residents by at least minimizing exposure to the dangers of PFAS.  If you know of a state with existing or planned bills/laws to protect residents by minimizing PFAS exposure, please contact us here.  

At present, states across the country are confronting the hazard of PFAS contamination of water and food grown from that contaminated water, with notable water contamination in Alabama, West Virginia, New Mexico, Michigan, Colorado and Maine, among others.  As new state bans and laws are enacted we will add them to this post so be sure to check back later.

SEE: Effective January 1, 2023, Numerous States Begin to Impose Notification Requirements and Prohibitions on Products Containing “Intentionally Added” PFAS

–

ALASKA

Alaska Law will Ban PFAS in Fire Fighting Foam

In May, 2023 the Alaska Legislature passed a bill requiring the end of use of firefighting foams containing substances known as PFAS (per- and polyfluoroalkyl substances) “forever chemicals”.  The PFAS bill requires a switch to alternative foams by Jan. 1, 2024, though it delays that requirement for oil facilities like the Trans-Alaska Pipelines System’s Valdez terminal.

–

CALIFORNIA

California Bill Focuses on PFAS in Cookware

California’s AB 1200 bans PFAS in paper-based food packaging (source). In addition, AB 1200 will also require disclosure for use of toxic chemicals in cookware As of January 1, 2023, manufacturers of cookware containing such chemicals will be required to post on the internet the listed chemicals contained in their cookware products and link to the authoritative lists for the relevant substances.  As of January 1, 2024, cookware will be required to include listed chemicals on the product label, and provide an internet link and toll-free number where consumers can obtain more information on the chemicals.  In addition, as of January 1, 2024, the law will prohibit cookware manufacturers from claiming that cookware is free of any specific chemical on the list if the chemical belongs to the same chemical group or class of chemicals that are listed. All PFAS chemicals are candidate chemicals under California’s Green Chemistry program.

source

–

California bans PFAS chemicals from baby products and food packaging

The law banning PFAS in food packaging applies to all kinds of paper and plant-based containers, wrappers and straws, and also requires that cookware containing them include a warning label. The law on infant and children’s products restricts them from cribs, mattresses, high chairs, playpens, strollers and many other items.

source

–

UPDATE:

California Advances Ban on ‘Forever Chemicals’ in Cosmetics

August, 2022–Bill AB2771 would prohibit sale, manufacturing or distribution of cosmetics containing PFAS.

source

–

COLORADO

Colorado to Ban PFAS in Consumer Products in 2024

Gov. Jared Polis has already signed a law banning the use of “forever chemicals” starting in 2024.

House Bill 22-1345 – otherwise known as the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act – will establish a regulatory scheme that bans the sale or distribution of certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals. That means items such as carpets, cosmetics, cookware, fabric treatments, food packaging, children’s products, furniture and others would be banned across the state if they have PFAS in them that has been intentionally added from the manufacturer.

The bill does not ban PFAS in solar panels, batteries, semiconductors or medical devices, but would have sweeping changes for consumer products, and an amendment was added to limit the scope of some products affected and exempt industrial kitchens, for instance.

To find out the PFAS concentration in your community’s water go here.

source

–

CONNECTICUT

–

MAINE

Maine’s ban on ‘forever chemicals’ marks a big win for some scientists

Last month, a group of scientists scored an unexpected win in chemical regulation: The state of Maine became the world’s first jurisdiction to ban the sale of products containing per- and polyfluoroalkyl substances (PFASs). The controversial chemicals are common in consumer goods such as nonstick cookware. By 2030, Maine will forbid selling products that use PFASs unless regulators determine their use is “currently unavoidable.”

The law, adopted 15 July, targets a family of chemicals that includes some 5000 compounds, including several banned under the international Stockholm Convention because they threaten human health. Because PFASs have a similar basic structure that can persist in the environment for long periods, some researchers have argued governments should drop the traditional approach of regulating them one by one. Instead, they want regulators to restrict the entire class, requiring manufacturers who want to use a PFAS in a product to prove the chemical’s use is “essential” for health, safety, or the functioning of society, and that there are no alternatives.

Read More Here

.

See Maine water contaminated with PFAS is poisoning the food.

–

MICHIGAN

Michigan Residents with PFAS-Contaminated Private Wells to be Connected to Public Water System

Hundreds of residents that use private wells for drinking water near the Grand Rapids-area airport could be connected to a public water source by 2023 after the state set aside $5 million for the project.  The homes in Cascade Township have wells in an area of PFAS-polluted groundwater due to firefighting foam used by Gerald R. Ford International Airport.  Forty homes near the airport have levels of PFAS above state drinking water standards, and over 200 additional wells tested had detection of PFAS chemicals.

MINNESOTA

Minnesota Bill Bans PFAS Forever Chemicals in Food Packaging–Sort Of

Minnesota is set to ban “forever chemicals” in food packaging such as burger wrappers and takeout containers, joining a handful of other states with such bans on the harmful pollutants.  The Minnesota PFAS ban affects the chemicals “intentionally added” in the packaging, not PFAS that may unintentionally adulterate food packaging such as from nonstick spray used on manufacturing equipment, and the like.

The Minnesota bill also authorizes more than $2.5 million to address PFAS pollution, including reducing the sources of the chemicals that end up at wastewater treatment plants and solid waste facilities.

The Senate passed the bill 49-16 Tuesday evening June 22, 2021, and it now heads to the House for a vote.

source

–

UPDATE: Minnesota PFAS Law

As of May, 2023, Minnesota is on the verge of banning what legislators call “non-essential uses” of “forever chemicals.”  Known as “Amara’s Law”, the Minnesota restrictions on PFAS will allow only limited exceptions to the ban, such as firefighting foam used at airports and oil refineries and in protective clothing for firefighters. (Note: Allowing these forms of PFAS use can still contaminate the ground water.)  

The PFAS restrictions law will require companies to disclose if the products they sell in Minnesota contain the chemicals. The ban would take effect in 2025 for a long list of products including carpets, cleaning products, cookware, cosmetics, dental floss, fabrics and fabric treatments, furniture, products for children, menstruation products and ski wax.

–

NEW YORK

New York Bans PFAS Chemicals from Fast Food Packaging

New York has now banned the use of per- and polyfluoroalkyl chemicals (PFAS) in food packaging.   Companies found violating the law will be subject to a $10,000 first-time fine with subsequent violations reaching up to $25,000 penalty. New York’s ban on the PFAS chemicals is effective December 31, 2022.

source

.

–

OREGON

Oregon bans plastic foam and PFAS in food containers

A new law passed in Oregon in May 2022 bans toxic “forever chemicals” in food packaging, and a second bill will make it legal for consumers to bring their own reusable takeout containers to restaurants. 

source

–

PENNSYLVANIA

–

VERMONT

Vermont Passes Law Restricting PFAS in Food Packaging, Ski Wax and Carpets

source

…

Vermont Senate approves bill that would ban PFAS from menstrual and cosmetic products, textiles and turf fields

Vermont Senate unanimously approved a bill in April 2023 that would regulate manufacturers selling menstrual and cosmetic products that contain PFAS and a list of other chemicals associated with human health problems. S.25 would also ban athletic turf fields and textiles — including household textiles, clothing and outdoor apparel — that contain PFAS.

The legislation prohibits manufacturers from selling cosmetic products, including shampoo, makeup, deodorant, sunscreen, hair dyes and more, if they have “intentionally added” any of a list of chemicals including ortho-phthalates, formaldehyde and aluminum salts.

source

–

WASHINGTON

Washington State Enacted Sweeping Law to Regulate PFAS and Other Chemicals in Consumer Products and Packaging

The strongest state chemicals bill in the country was signed into Washington state law in 2019. The law empowers the state Department of Ecology (Ecology) to restrict the use of chemicals in virtually any consumer product and its packaging. The department is first directed to focus on chemicals listed in the law – per- and polyfluoroalkyl substances (PFAS), phthalates, certain flame retardants, polychlorinated biphenyls (PCBs), and phenolic compounds – and then to identify other chemicals for potential restriction.

The law could impact virtually any consumer products – defined as “any item, including any component parts and packaging, sold for residential or commercial use” – that are not covered by an express exemption. Exemptions are available for inaccessible electronic components, motorized vehicles, and certain other federally-regulated products (e.g., food, drugs, and tobacco). The law could also impact the packaging of consumer products whether or not the products themselves are exempt. Before the state may restrict the use of chemicals in any consumer product or packaging, the product or packaging must be identified by Ecology as a priority product. Ecology must identify a first round of priority products by June 1, 2020. As part of its priority product selection process, Ecology may require consumer product manufacturers to disclose product or packaging composition information to the state.

.

Chemicals restricted in Washington State

• PFAS*
• Phthalates
• Certain flame retardants like PBDE
• PCBs
• Phenolic compounds

*PFAS

The designation of the entire class of PFAS compounds, which includes thousands of substances with widely varying chemical profiles, as priority chemicals will have far-reaching implications for consumer products sold in Washington. Washington already banned intentionally added PFAS in Class B firefighting foams effective July 1, 2020, and requires notification of the presence of PFAS in firefighter protective gear. The scope of impact will depend on whether the state Ecology limits the use of specific PFAS compounds, or focuses on specific consumer products, or both. The range of industries potentially affected is vast, including manufacturers of textiles, paper, and packaging (including food packaging), coatings, rubber, and plastics.

source

. . .

Washington State Safer Products Rule

The Safer Products Rule implements the Washington Pollution Prevention for Healthy People and Puget Sound Act of 2019. That law authorized the Washington Department of Ecology to regulate “priority chemicals” in consumer products in four-stages, every five years.

In the first stage, Ecology must identify the “priority chemicals” to be regulated in that 5-year action period. The priority chemicals selected first are:

• PFAS,
• Ortho-phthalates,
• Flame retardants,
• Alkylphenol ethoxylates, and
• Bisphenols.

After selecting the priority chemicals to be regulated, the law requires Ecology to identify “priority consumer products” that utilize the targeted chemicals. After that, Ecology must determine whether restrictions on those products are necessary. If so, Ecology must then initiate formal rule-making to restrict the targeted priority chemicals and products through the imposition of bans or reporting requirements. The proposed Safer Products Rule would implement this final step in the process, and with its completion, the cycle would begin again.

PFAS Restrictions

Under the Safer Products Rule proposal, the manufacture, sale, or distribution of a consumer product in Washington State that contains intentionally added PFAS is banned specifically for:

1. After-market stain and water-resistant treatments;
2. Carpets and rugs; and
3. Leather and textile furniture and furnishings intended for indoor use.

The prohibitions covering the first two product categories are proposed to go into effect on January 1, 2025. The ban on PFAS-containing indoor furniture is proposed go into effect on January 1, 2026.

The Safer Products Rule applies only to PFAS that is “intentionally added” to consumer products. However, it includes an embedded presumption that the detection of an indicated level of total fluorine is evidence of the intentional addition of PFAS to that product. Product manufacturers may rebut this presumption by submitting a statement to Ecology that provides evidence that the fluorine comes from another source.

source

.

UPDATE: In May, 2023 the governor of Washington state signed into law a ban on PFAS (and other toxic chemicals) in cosmetics and personal care products. The ban will go into effect in 2025.

–

*PFAS chemicals (per- and polyfluoroalkyl substances) are toxic to humans, animals and the environment. They are comprised of approximately 14,000 human-made chemical compounds. They are ubiquitous in the U.S., appearing in thousands of consumer and industrial products and are typically used to make products resist water, stains and heat, including household products (like carpeting, curtains, furniture upholstery, waterproof and stain-resistant flooring, etc.), cooking supplies (including cooking utensils and bake ware), clothing, personal care products (like cosmetics, including waterproof mascara, dental floss, contact lenses and feminine hygiene products) and even food (PFAS appears in processed food packaging for humans and pets) and public drinking water (tap water) that affects an estimated 2 million Americans. PFAS chemicals are usually found in products labeled “stain-proof” and “waterproof”.  PFAS chemicals also appear in fire-fighting foam and other industrial products used at airports and military bases across the country, where the chemicals have leached into the groundwater. PFAS chemicals are known as “forever chemicals” because they do not readily break down in the environment or human body.  PFAS chemicals have been linked in scientific and medical studies to a variety of serious health conditions including cancer (which includes testicular and kidney cancers), kidney disease, heart disease, thyroid problems, reproductive problems, endocrine problems (PFAS has been found to disrupt hormonal functions with some research suggesting that the PFAS chemicals are linked to accelerated ovarian aging, period irregularities and ovarian disorders like polycystic ovarian syndrome) and liver problems. Some newer PFAS have been found to accumulate in organs, so in some cases, science simply cannot detect the toxic chemicals when testing for it in blood.

* * *

-30-