fabric repelling water

Regulatory News

PFAS United States Regulatory Update 

Sep. 15 2022

Background:
• Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

• Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS) were developed in the 1940’s and 1950’s. Soon the chemicals were used to develop products with non-stick and stain resistant properties. These PFAS based chemicals were also widely used in other applications from fire-fighting foams to outdoor fabric treatments.  In the late 1970’s these chemicals were determined to be hazardous to human health and high doses were linked to reproductive, carcinogenic and other issues in mammals.  

• PFAS are quite stable and known as “persistent” in the environment as they do not readily break down and thereby are able to remain in soils and water and can bio-accumulate in animals.  Detectable levels of PFAS are present in over 95% of the adult US population. 

Typical Products Impacted:
Often applied as a finish coating application to: outerwear, textiles, footwear, cookware, food packaging, furniture, rugs, carpets, electrical products (cords), outdoor textiles and associated products, packaging, adhesives, microchips, cosmetics, etc.  

Typical Claims:
Stain Resistant/ Repellent/ Proof, Oil Resistant/ Repellent/ Proof, Water Resistant/ Repellent/ Proof, Heat Resistant, Non-Stick Coating, and associated claims.

Federal Regulation Summary:

The US Environmental Protection Agency (EPA) revised and reverted to the July 2020 Significant New Use Rule (SNUR) which continues to be in effect.

• Articles containing certain long-chain PFAS as a surface coating cannot be imported into the United States without EPA review. 

• Importers of articles, but not processors of articles are subject to the SNUR. 

• EPA intended the SNUR to capture the majority of article applications of these chemical substances. 

  -- Accordingly, EPA considers any LCPFAC (from 40 CFR 721.10536 Table 1 and Table 2) containing a coating
    on any surface of any article, whether the coating is applied to the interior facing surface or the exterior
    surface of an article or has been cured or undergone a chemical reaction, to be covered by the SNUR.

States’ Regulations Summary: 
Enacted Consumer Product State Laws Summary (as of September 13, 2022)

Food Packaging:
 

State requirement effective date
New York No intentionally added PFAS in any amount December 31, 2022
Vermont Prohibited July 1, 2023
Washington  • No intentionally added in any amount, if safer alternatives to PFAS in food packaging are identified (4 types are banned)

• Five additional types of food packaging banned beginning May 2024    
• February 2023

• May 1, 2024    
Hawaii Food packaging with intentionally added PFAS prohibited. Applies to wraps and liners, plates, food boats, and pizza boxes December 31, 2024
Rhode Island Food packages with intentionally added PFAS in any amount prohibited January 1, 2024
Connecticut Prohibited December 31, 2023
Maine No intentionally added PFAS, if safer alternatives to PFAS in food packaging are identified January 1, 2022
Minnesota No intentionally added PFAS January 1, 2024
California 100 parts per million total organic fluorine January 1, 2023
Maryland Certain food packaging intended for direct food contact with intentionally added PFAS chemicals prohibited January 1, 2024

Carpets and Rugs
 

State requirement effective date
California • PFAS Priority Product

• Manufacturers submit notification
•July 1, 2021

•December 28, 2021
Maine Report intentionally added PFAS. Prohibits the sale of residential carpets or rugs, as well as the sale of fabric treatments that contain intentionally added PFAS • 2023
• 2030: all products will be in scope 
Vermont Prohibited July 1, 2023
Maryland Intentionally added PFAS prohibited January 1, 2024

Miscellaneous Products
 

State Products requirement effective date
Vermont • Aftermarket stain and water-resistant treatments for rugs or carpets

• Ski wax

• Children’s products
PFAS in:
• Aftermarket stain and water-resistant treatments for rugs or carpets, and ski wax

• PFHxS, PFHpA, PFNA in children's products: Designated as CHCC (Chem disclosure program)
• Prohibited as of July 1, 2023

• Chemical disclosure program as of July 1, 2022
California Juvenile products 100 parts per million total organic fluorine July 1, 2023
California Cookware (Chemical Disclosures) Labeling Requirements • Internet: January 1, 2023
• On product: January 1, 2024
Oregon Children's products Chemicals of High Concern to Children (CHCC) reporting Current
Washington Children's products Chemicals of High Concern to Children (CHCC) reporting Current
California Cosmetics No more than trace of PFAS  January 1, 2025
Maryland Cosmetics Prohibits PFAS  January 1, 2025
California Aftermarket fabric treatments containing PFAS • Submit a Priority Product Notification (PPN)
• Manufacturers submit documents to the state
• May 31, 2022
• September 28, 2022
Colorado • Carpets and rugs
• Fabric treatments
• Food packaging
• Juvenile products
Cannot sell products that contain intentionally added PFAS chemicals January 1, 2024
Colorado Cookware Cookware sold that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages must list the presence of PFAS on the product label.   January 1, 2024
Colorado • Cosmetics
• Indoor textile furnishings
• Indoor upholstered furniture
Cannot sell products that contain intentionally added PFAS chemicals January 1, 2025
Colorado • Outdoor textile furnishings
• Outdoor upholstered furniture. 
Cannot sell products that contain intentionally added PFAS chemicals January 1, 2024

Proposed State Laws:
Many states have put forth new proposed legislation, for many product types.  The following is a list of a few of the proposals at this time:

• Cookware: Massachusetts proposal: Total fluorine at a level greater than 1 ppm
• Carpets and rugs: Massachusetts proposal: Limit of total fluorine (PFAS substances) of 1 ppm
• Wearing Apparel: New York proposal: prohibition of the use of PFAS substances in common apparel.
• Accessories: Minnesota proposal: Prohibit items worn on the human body, including footwear; handbags, backpacks, scarves, and other accessories; and clothing that contains PFAS.  
• All Textile Products:  California proposal:  Prohibit any textile articles that contain regulated PFAS, and require a manufacturer to use the least toxic alternative when replacing regulated PFAS.  
• Personal Care and Feminine Hygiene Products: New York proposal: No intentionally added PFAS.
• Cosmetics: Vermont and Minnesota proposals: Prohibit PFAS.

How Does this Impact You? Contact Us to Discuss
If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com
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