PFAS United States Regulatory Update

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, 2027

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.

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