New PFAS Regulations by State
Recent laws prohibit the manufacture and sale of restricted products
Marietta, GA. (October 6, 2022) –
The EPA and several states have recently enacted restrictions on the use of potentially harmful PFAS in everyday products. At the federal level, the import of articles coated with long-chain PFAS is prohibited without EPA inspection. In response to emerging information, new state laws require varying degrees of control over the use of PFAS in commercial, industrial, and consumer products.
What is PFAS?
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are manufactured chemicals widely used in product manufacture since the 1940s. Most PFAS are resistant to water, oil, heat, grease, and stains, which makes them useful in cookware and food packaging. Manufacturers also use PFAS in a plethora of everyday items, such as carpet and rug treatments, cosmetics, and personal hygiene items.
However, studies show that PFAS have entered the air, soil, and water. Decades of research have also uncovered PFAS in human blood due to long-term exposure. While the study of PFAS’s impact on humans is still ongoing, animal tests have suggested long-term exposure affects growth and development, thyroid function, reproduction, the immune system, and the liver.
PFAS Regulations by State
California, Colorado, Hawaii, Maine, Maryland, Minnesota, New York, Oregon, Rhode Island, Vermont, and Washington have passed laws on the manufacture and selling of articles containing PFAS.
California
- July 1st, 2021 – Carpets and rugs containing PFAS are considered priority products.
- December 28th, 2021 - Manufacturers of carpets and rugs are required to submit notifications about PFAS.
- January 1st, 2023 – Prohibition of food packaging with 100 parts per million (ppm) total organic fluorine; also requires chemical disclosure and internet labeling for cookware with PFAS chemicals.
- July 1st, 2023 – Limits the production of juvenile products with 100 ppm total organic fluorine.
- January 1st, 2024 - Chemical disclosures on product labeling for cookware with PFAS chemicals.
- January 1st, 2025 - Limits traceable amounts of PFAS in cosmetics.
Colorado
- January 1st, 2024 - Prohibits the selling of rugs, carpets, fabric treatments, juvenile products, food packaging, outdoor textile furnishings, and outdoor upholstered furniture containing intentionally added PFAS chemicals. Additionally, all cookware with intentionally added PFAS in the handle or any surface that meets beverages, food, and foodstuffs must have a label.
- January 1st, 2025 – Prohibits the selling of cosmetics, indoor textile furnishings, and indoor upholstered furniture with intentionally added PFAS chemicals.
Hawaii
- December 31st, 2024 – Prohibits pizza boxes, wraps, liners, plates, and food boats with intentionally added PFAS.
Maine
- January 1st, 2022 – Bans food packaging with intentionally added PFAS if safer alternatives are identified.
- January 1st, 2023 - Requires manufacturers to report the intentional use of PFAS, and bans the sale of residential rugs, carpets, and fabric treatments with intentionally added PFAS.
Maryland
- January 1st, 2024– Prohibits carpets and rugs with intentionally added PFAS; prohibits the intentional inclusion of PFAS in certain food packaging intended to come in direct contact with food.
- January 1st, 2025 - Prohibits PFAS in cosmetics.
Minnesota
- January 1st, 2024 - Prohibits intentionally added PFAS in food packaging.
New York
- December 31st, 2022 - Bans intentionally added PFAS in food packaging.
Oregon
- Currently requires the reporting of children’s products with PFAS as Chemicals of High Concern to Children (CHCC).
Rhode Island
- January 1st, 2024 – Prohibits food packaging with intentionally added PFAS.
Vermont
- July 1st, 2022 – Requires the CHCC disclosure of PFHxS, PFHpA, and PFNA in children’s products.
- July 1st, 2023 – Prohibits PFAS in carpets, rugs, food packaging, ski wax, and aftermarket stain and water-resistant treatments for rugs and carpets.
Washington
- Currently requires the CHCC report of children’s products with PFAS.
- February 2023 – Prohibits four types of food packaging with PFAS and bans PFAS in food packaging if a safer alternative has been identified.
- May 1st, 2024 – Bans five additional types of food packaging.
PFAS Proposals
Certain states have proposed laws that restrict or ban PFAS in various personal, consumer, and industrial products. Minnesota and Vermont have proposed the banning of PFAS in cosmetics. New York has proposed the prohibition of PFAS in common apparel, while Minnesota limits a similar ban to accessories. New York has also proposed the banning of intentionally added PFAS to personal care and feminine hygiene products.
Massachusetts has sought to limit total fluorine in cookware, carpets, and rugs to 1 ppm in products. Finally, California has proposed the prohibition of textile products with PFAS and the requirement for manufacturers to use the least-toxic alternative.
ATS and PFAS
As new federal and state laws come into effect, ATS can work with manufacturers to ensure compliance with federal, state, and international regulations. Our experts perform a battery of tests to identify prohibited substances, such as perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The main ATS laboratory utilizes innovative technology capable of detecting PFAS as low as parts per trillion (ppt).
Since our founding in 1967, ATS has supported business and industry needs with high-quality testing and thorough analysis. To learn more about our PFAS capabilities, call +1 (888) 287-5227.