Bill Text: NJ S4367 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes requirements and prohibitions for sale and distribution of certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-05-12 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S4367 Detail]
Download: New_Jersey-2024-S4367-Introduced.html
Sponsored by:
Senator JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Establishes requirements and prohibitions for sale and distribution of certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning perfluoroalkyl and polyfluoroalkyl substances and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Apparel" means (1) clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms or work-wear; and (2) outdoor apparel.
"Architectural fabric structure" means a permanent fabric structure that is intrinsic to a building's design or construction.
"Carpet" means any covered product that is made from natural or synthetic fabric that is marketed or intended for indoor use as a floor covering. "Carpet" includes door mats intended for indoor use.
"Class B firefighting foam" means the same as the term is defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).
"Commissioner" means the Commissioner of Environmental Protection.
"Covered product" means an item manufactured, assembled, packaged or otherwise prepared for sale to consumers and intended for personal or residential use. "Covered product" does not include:
(1) a product used in a manner that has been approved or authorized by a federal or State agency, including:
(a) drugs, medical devices, biologics, or diagnostics approved or authorized by the federal Food and Drug Administration or the United States Department of Agriculture or otherwise subject to regulation under the federal "Food, Drug, and Cosmetic Act" (21 U.S.C. s.301 et seq.);
(b) packaging for drugs, medical devices, biologics, or diagnostics or non-pulp based packaging for food approved or authorized by the federal Food and Drug Administration or the United States Department of Agriculture or is otherwise in scope of the federal "Food, Drug, and Cosmetic Act" (21 U.S.C. s.301 et seq.);
(c) products registered or authorized for use under the "Federal Insecticide, Fungicide, and Rodenticide Act" (7 U.S.C. s.136 et seq.);
(d) substances designated by rulemaking or otherwise as acceptable substitutes in specific uses under the United States Environmental Protection Agency's Significant New Alternatives Policy (SNAP) program, or substitutes needed to execute the "American Innovation and Manufacturing (AIM) Act" (42 U.S.C. s.7675); or
(e) finished products certified or regulated by the federal Aviation Administration or the Department of Defense, or both, when used in a manner that was certified or regulated by such agencies, including parts, materials, and processes when used to manufacture or maintain such regulated or certified finished products;
(2) polymeric substances for which the main chain (backbone) of the polymer is either a per- or poly-fluorinated carbon-only backbone or a perfluorinated polyether backbone;
(3) items that are required by federal or State laws and regulations;
(4) a used product offered for sale or resale;
(5) motorized vehicles, including on and off-highway vehicles, such as all-terrain vehicles, motorcycles, side-by-side vehicles, farm equipment, construction equipment, and personal assistive mobility devices;
(6) inaccessible electronic components of a product;
(7) cooling, heating, ventilation, air conditioning, and refrigeration equipment, components, and servicing needs;
(8) dielectric heat transfer fluids for immersion cooling of electronic components;
(9) infrastructure, devices, and other equipment used to transmit voice, video, and data via broadcasting, cable, satellite, wireless, wireline networks, or other means;
(10) products used for the generation and distribution of electricity; and
(11) personal protective equipment.
"Cookware" means durable houseware items that are used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages. "Cookware" includes, but is not limited to, pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.
"Cosmetic" means a product that is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance. "Cosmetic" includes, but is not limited to, skin moisturizer, perfume, lipstick, nail polish, eye or facial makeup preparation, shampoo, conditioner, permanent wave products, hair dye, and deodorant. "Cosmetic" does not include a product that requires a prescription for distribution or dispensation or hydrofluorocarbons or hydrofluoroolefins used as propellants in cosmetics.
"Department" means the Department of Environmental Protection.
"Fabric treatment" means a product applied by a consumer to a finished fabric to give the fabric stain resistance and water resistance characteristics. "Fabric treatment" does not include hydrofluorocarbons or hydrofluoroolefins used as propellants in fabric treatments.
"Feminine hygiene products" means a product used to collect menstrual and vaginal discharge, including tampons, pads, sponges, menstrual underwear, disks, applicators, and menstrual cups, whether disposable or reusable.
"Food packaging" means a nondurable package, packaging component, or food serviceware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages, and is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. "Food packaging" includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.
"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.
"Juvenile product" means a product designed for use by infants or children under the age of twelve. "Juvenile product" includes, but is not limited to: bassinets and other bedside sleepers; booster seats, car seats or other child restraint systems; changing pads; co-sleepers; crib or toddler mattresses; floor play matts; highchairs and highchair pads; infant bouncers; infant carriers; infant or toddler foam pillows; infant seats; infant sleep positioners; infant swings; infant travel beds; infant walkers; nap cots; nursing pads and pillows; play matts; playpens; play yards; foam matts, pads, or pillows; portable foam nap matts; portable infant sleepers and hook-on chairs; soft-sided portable cribs; and strollers. "Juvenile product" does not include: electronic products; including personal computers and any associated equipment audio and video equipment; calculators; wireless phones; gaming consoles; handheld devices incorporating a video screen and any associated peripheral device such as a mouse, keyboard, power supply unit, or power cord; an internal component of a juvenile product that would not come into direct contact with a child's skin or mouth during reasonably foreseeable use and abuse of the product; apparel; adult mattresses; or sports equipment and accessories.
"Manufacturer" means the person that manufactures a product or whose brand name is affixed to the product. In the case of a product imported into the United States, "manufacturer" includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.
"Outdoor apparel" means apparel that is intended primarily for outdoor activities.
"Outdoor apparel designed for severe wet conditions" means outdoor apparel designed for persons who engage in outdoor sports not marketed for general consumer use to provide health and safety protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow. "Apparel" shall not include personal protective equipment or clothing items for exclusive use by the United States military.
"Perfluoroalkyl and polyfluoroalkyl substances" or "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.
"Personal protective equipment" means equipment worn to minimize exposure to hazards that cause serious workplace injuries and illnesses that may result from contact with chemical, radiological, physical, biological, electrical, mechanical, or other workplace or professional hazards.
"Ski wax" means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties. "Ski wax" includes related tuning products.
"Testing facility" means a location that allows for the discharge of firefighting foam in non-emergency situations for the evaluation of and calibration of firefighting equipment and firefighting foam.
"Textile" means any item made in whole or in part from a natural, manmade, or synthetic fiber, yarn, or fabric, and includes, but is not limited to, leather, cotton, silk, jute, hemp, wool, viscose, nylon, or polyester. "Textile" shall not include single-use paper hygiene products, including, but not limited to, toilet paper, paper towels or tissues, or single-use absorbent hygiene products.
"Textile articles" means textile goods of a type customarily and ordinarily used in households and businesses. "Textile articles" includes, but is not limited to, apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins, and tablecloths. "Textile articles" does not include carpets and rugs; treatments containing PFAS for use on converted textiles or leathers; a vehicle, including, but not limited to, an off-highway motor vehicle, or its component parts; a vessel, or its component parts, such as boat covers; filtration media and its filter products used in industrial applications, including, but not limited to, chemical or pharmaceutical manufacturing and environmental control applications; textile articles used in or for laboratory analysis and testing; an aircraft or its component parts; stadium shades or other architectural fabric structures; articles intended to provide a barrier against biological fluids and other infections, such as medical gowns an caps, surgical drapes and covers, hospital linens, wound care pads and dressings, and surgical hosiery; and personal protective equipment.
2. a. Beginning three years after the effective date of this act, no person shall sell, offer for sale, or distribute for sale in the State the following covered products containing intentionally added PFAS:
(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.
b. Beginning two years after the effective date of this act, except as provided in subsection c. of this section, no person shall sell, offer for sale, or distribute for sale 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 labeling requirements of this section shall also be required for online listings of outdoor apparel designed for severe wet conditions.
c. Beginning five years after the effective date of this act, no person shall sell, offer for sale, or distribute for sale in the State outdoor apparel designed for severe wet conditions containing intentionally added PFAS.
3. a. Beginning one year after the effective date of this act, a manufacturer 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 shall list the presence of PFAS on the product label. The product label of a cookware product containing intentionally added PFAS shall include a statement, in both English and Spanish, that reads: "This product contains PFAS." The product label shall also include the phrase "For more information about PFAS in the product, please visit" followed by the following information:
(1) an internet web site address for a web page that provides information about the reasons that PFAS are intentionally added to the product; and
(2) a quick response (QR) code or other machine-readable code, consisting of an array of squares, used for storing the internet website for the web page established pursuant to paragraph (1) of this subsection.
b. A manufacturer of cookware sold in the State shall ensure that the statement required on the product label pursuant to subsection a. of this section is visible and legible to the consumer, including on the product listing for online sales.
c. Cookware that meets both of the following requirements shall be exempt from the requirements of this section:
(1) the surface area of the cookware cannot fit a product label of at least two square inches; and
(2) the cookware does not have either of the following:
(a) an exterior container or wrapper on which a product label can appear or be affixed; or
(b) a tag or other attachment with information about the product attached to the cookware.
d. Beginning one year after the effective date of this act, a manufacturer shall not make a claim, on a cookware product or its packaging, that the cookware is free of PFAS unless the product does not contain intentionally added PFAS.
e. Beginning one year after the effective date of this act, no person shall sell, offer for sale, or distribute for sale within the State cookware containing intentionally added PFAS unless the cookware and the manufacturer of the cookware have complied with the labeling requirements established pursuant to this section.
4. a. Beginning two years after the effective date of this act, a person, local government, or State agency shall not discharge for training purposes class B firefighting foam that contains intentionally added PFAS.
b. Beginning two years after the effective date of this act, a person, local government, or State agency shall not discharge for testing purposes class B firefighting foam containing intentionally added PFAS unless:
(1) otherwise required by law or the authority having jurisdiction; and
(2) the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of the class B firefighting foam into the environment.
c. The provisions of this section shall 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.
d. Beginning two years after
the effective date of this act, for the purposes of training for firefighting
operations, fire departments shall utilize non-fluorinated training foams or
other non-fluorinated surrogates. Training for firefighting operations shall
be conducted under conditions conducive to the collection of spent firefighting
foam regardless of the type of foam being utilized.
5. a. Whenever the Commissioner of Environmental Protection finds that a person has violated any provision of this act, or any rule or regulation adopted pursuant thereto, the commissioner may:
(1) issue an order requiring the person found to be in violation to comply in accordance with subsection b. of this section;
(2) bring a civil action in accordance with subsection c. of this section;
(3) levy a civil administrative penalty in accordance with subsection d. of this section;
(4) bring an action for a civil penalty in accordance with subsection e. of this section;
(5) direct a manufacturer or other person that is not in compliance with the requirements of this act to stop offering for sale or distributing certain products that contain intentionally-added PFAS; or
(6) notify the public of a manufacturer that is not in compliance with the requirements of this act.
b. Whenever the commissioner finds that a person has violated this act, or any rule or regulation adopted pursuant thereto, the commissioner may issue an administrative enforcement order specifying the provision or provisions of this act, or the rule or regulation adopted pursuant thereto, of which the person is in violation, citing the action that constituted the violation, requiring compliance with the provision violated, and giving notice to the person of the person's right to a hearing on the matters contained in the administrative enforcement order. The ordered person shall have 20 calendar days from receipt of the order within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order. If no hearing is requested, the order shall become final after the expiration of the 20-day period. A request for hearing shall not automatically stay the effect of the order.
c. The commissioner is authorized to institute a civil action in Superior Court for appropriate relief from any violation of the provisions of this act, or any rule or regulation adopted pursuant thereto. This relief may include an assessment against the violator for the costs of any investigation, inspection, or audit that led to the discovery and establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection.
d. The commissioner is authorized to impose a civil administrative penalty of not less than $1,000 nor more than $20,000 for each violation, provided that each day during which the violation continues shall constitute an additional, separate and distinct offense. In assessing a civil administrative penalty, the commissioner shall consider the severity of the violation, the measures taken to prevent further violations, and whether the penalty will maintain an appropriate deterrent. Prior to assessment of a civil administrative penalty, the person committing the violation shall be notified by certified mail or personal service that the penalty is being assessed. The notice shall identify the section of the statute, rule, regulation, or order violated; recite the facts alleged to constitute a violation; state the basis for the amount of the civil administrative penalties to be assessed; and affirm the rights of the alleged violator to a hearing. The ordered party shall have 20 days from receipt of the notice within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 20-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The authority to levy an administrative order is in addition to all other enforcement provisions in this act, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. The department may compromise any civil administrative penalty assessed under this section in an amount and with conditions the department determines appropriate.
e. A person who violates any provision of this act, or any rule or regulation adopted pursuant thereto, or an administrative order issued pursuant to subsection b. of this section, or a court order issued pursuant to subsection c. of this section, or who fails to pay a civil administrative penalty in full pursuant to subsection d. of this section, or who knowingly makes any false or misleading statement on any application, record, report, or other document required to be submitted to the department, shall be subject, upon order of a court, to a civil penalty not to exceed $25,000 per day of the violation, and each day during which the violation continues shall constitute an additional, separate, and distinct offense. Any civil penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or may be collected in a civil action commenced by the commissioner. In addition to any penalties, costs or interest charges, the Superior Court, or the municipal court as the case may be, may assess against the violator the amount of economic benefit accruing to the violator from the violation.
f. The exercise of any of the remedies provided in this section shall not preclude the seeking of any other remedy specified.
6. This act shall take effect
immediately.
STATEMENT
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.
