The New Jersey legislature has passed Bill S1042, named the “Protecting Against Forever Chemicals Act.” The new law establishes restrictions on the sale and distribution within the state of three product categories containing intentionally added per- and polyfluoroalkyl substances (PFAS). These restrictions will begin in January 2028. The law also establishes labeling requirements for certain products, exemptions for trace quantities, and enforcement mechanisms.
Beginning in January 2028, cosmetics, carpets, fabric treatments, and food packaging are prohibited from being sold or distributed in New Jersey if they have intentionally added PFAS. Trace quantities from contamination and unavoidable sources are permitted but they cannot cause the product to be in violation.
Per the law, for cosmetic and cookware products, electronic and internal components containing PFAS are exempt.
For cookware containing intentionally added PFAS in the handle or food contact surfaces,
• a label that is visible and legible must be included on the product and online sales site.
• the label must state “This product contains PFAS” in English and Spanish.
• it cannot include a claim of “PFAS-free” if PFAS is intentionally added.
Labeling exemptions exist for insufficient surface area to label.
Compliance with other state PFAS in cookware labeling laws satisfies requirements of this law.
The Department of Environmental Protection (DEP) will recommend additional consumer product categories for PFAS prohibition, prioritizing those posing greatest health/environmental risk but with certain exclusions such as federally regulated items under the US FDA.
The law excludes fluoropolymers which consists of “polymeric structures which the backbone of the polymer is either a perfluorinated or polyfluorinated carbon-only backbone or perfluorinated polyether backbone that is a solid at standard temperature and pressure.”
Enforcement guidelines are set out in the law also.
For more information, see link for full details:
New Jersey SB 1042, Protecting Against Forever Chemicals Act (PFAS)
https://www.njleg.state.nj.us/bill-search/2024/S1042/bill-text?f=S1500&n=1042_R3
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