Revision: Oct. 17, 2023, 11:26 a.m.
2024 SESSION
24-2805.0
08/02
HOUSE BILL [bill number]
AN ACT relative to prohibiting certain products with intentionally added PFAS.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill restricts the use of per and polyfluoroalkyl substances in certain consumer products sold in New Hampshire.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2805.0
08/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to prohibiting certain products with intentionally added PFAS.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Consumer Protection; Per and Polyfluoroalkyl Substance Use Restricted. Amend RSA 149-M by inserting after section 63 the following new section:
149-M:64 Consumer Products; Per and Polyfluoroalkyl Substance Use Restricted.
I. In this section:
(a) “Adult mattress” means a mattress other than a crib mattress or toddler mattress.
(b) “Carpet or rug” means any product made from natural or synthetic fabric marketed or intended to be used as a floor covering inside commercial, industrial, or residential buildings. This includes carpeted door mats intended for indoor use.
(c) “Department” means the department of environmental services.
(d) "Distributor" has the same meaning as RSA 149-M:33, II.
(e) "Distribute for sale" means to ship or otherwise transport a product with the intent or understanding that it will be sold or offered for sale by a receiving party after its delivery.
(f) "Fabric" means a textile made by weaving, knitting, or felting natural or synthetic fibers. In this section, fabric includes leather and synthetic leather.
(g) "Fabric treatment" means a product intended to be applied to fabric to give or enhance one or more characteristics, including but not limited to stain resistance or water resistance. "Fabric treatment" does not include fabric dye.
(h) “Food packaging”’ means any package or packaging component that is applied to or in direct contact with any food or beverage.
(i) “Intentionally added PFAS” means the PFAS added to a product or one of its product components, or PFAS or precursors added to a product during its manufacture, processing, packaging, or storage. “Intentionally added PFAS” also includes any degradation by-products of PFAS. The use of PFAS or precursors as a processing agent, mold release agent or any other source of PFAS in the product that is reasonably known to be present is considered intentional introduction for purposes of this section.
(j) “Juvenile product” means any product designed or marketed for use by infants and children under 12 years of age including, but not limited to a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, playmat, playpen, play-yard, polyurethane foam mat, pad or pillow, portable form nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller, and toddler mattress. "Juvenile product" shall not include children’s electronic products, such as a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit or power cord, a medical device or an adult mattress.
(k) "Manufacturer" means any person that creates or produces a product or whose brand name is legally 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.
(l) “Medical device” has the meaning given “device” under 21 U.S.C. section 321(h).
(m) "Offer for sale" means to make a product available for purchase, including through online sales that deliver into the state.
(n) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(o) “Product” means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including, but not limited to its product components, sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.
(p) “Product component” means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(q) "Supplier" has the same meaning as in RSA 149-M:33, X.
(r) “Upholstered furniture” means an article of furniture that is designed to be used for sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling material.
II. Beginning July 1, 2026, a person may not sell, offer for sale, or distribute for sale in this state the following products, if the product contains intentionally added PFAS:
(a) Carpets or rugs,
(b) Dental floss,
(c) Fabric treatments,
(d) Food packaging,
(e) Juvenile products, or
(f) Upholstered furniture.
III.(a) Upon request by the department or a purchaser, a certificate of compliance, or copies thereof, stating that a product is in compliance with the requirements of this section shall be furnished by its manufacturer or supplier to the department or purchaser. The certificate of compliance shall be signed by an authorized official of the manufacturing or supplying company. A certificate of compliance shall be kept on file by the manufacturer or supplier. A manufacturer or supplier may make the certificate of compliance available on their company website or through an authorized representative of the company such as a multi-jurisdictional clearinghouse.
(b) If the manufacturer or supplier of a product reformulates or creates a new product, the manufacturer or supplier shall provide an amended or new certificate of compliance for such reformulated product to the department.
(c) Within 30 days of receipt of a request under this section, the manufacturer or supplier shall:
(1) Provide the department with the certificate of compliance attesting that the product does not contain PFAS regulated under this section; or
(2) Notify persons who sell products in this state that the sale of the product is prohibited and provide the department with a copy of the notice and a list of the names and addresses of those notified.
IV. The department may participate in the establishment and implementation of a multi-jurisdictional clearinghouse to assist in carrying out the requirements of this section and to help coordinate the receipt and review of manufacturers' notifications regarding products with intentionally added PFAS, the disclosures of PFAS content, notification systems, education and outreach activities and any other related functions. The clearinghouse may also maintain a database of all products containing PFAS; and a file on all exemptions granted by participating jurisdictions.
V. This section shall not apply to:
(a) A product for which federal law governs the presence of PFAs in the product in a manner that preempts state authority; or
(b) The sale or resale of a used product.
VI. The department may adopt, under RSA 541-A, any rules necessary for the implementation, administration, and enforcement of this section. The department may also establish in rules a fee payable by a manufacturer upon submission of the certificate of compliance required under this section to cover the department's reasonable costs in administering this section. Until such time as manufacturer fees are established or in the event such fees are not established by rule, the department may use funds to administer this section from the PFAS response fund established in RSA 485-H:10.
VII.(a) The department may enforce this section under section pursuant to its authority under RSA 149-M:38 The commissioner may coordinate with the commissioner of the department of health and human services in enforcing this section, if necessary.
(b) When requested by the department, a person shall furnish to the department any information that the person may have or may reasonably obtain that is relevant to show compliance with this section.
2 PFAS Response Fund. Amend RSA 485-H:10 to read as follows:
485-H:10 PFAS Response Fund Established. There is hereby established in the department the PFAS response fund which shall be maintained as distinct and separate from all other funds. The PFAS response fund shall be invested in accordance with RSA 6:8. Any earnings on PFAS response fund moneys shall be added to the PFAS response fund. All moneys in the PFAS response fund shall be non-lapsing and shall be continually appropriated to the department. The PFAS response fund shall be used to fund enforcement of restrictions on PFAS in consumer products in RSA 149-M:64, as well as departmental duties as outlined in RSA 485-H:8, including loans, grants, and reimbursements in accordance with this chapter. Funds from any bond proceeds, grants, loan repayments, legislative appropriations, donations, and other funds related to the PFAS response fund shall be credited to the PFAS response fund.
3 Effective Date. This act shall take effect upon its passage.