USA: Connecticut expanded PFAS bans to other products

JUNE 2024 - HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

Connecticut has taken further steps towards eliminating toxic perfluoroalkyl and polyfluoroalkyl substances (PFAS) chemicals from everyday consumer products. Since 2023, a ban on food packaging¹ containing PFAS has been in effect. Recently, the Governor signed Bill SB No. 292², which regulates more products containing intentionally added PFAS. This includes textiles, children's products, cookware, cosmetics, etc. The ban on sales of these regulated products will take into effect on 1 January 2028.

Table A shows the highlights of the Bill No.SB 292 and the key components of this legislation include:

notification of products containing PFAS;

Manufacturers are required to submit notifications to the Department of Energy and Environmental Protection (the Department) by including a description of the product and the amount of PFAS chemicals it contains.

labelling of PFAS-added products;
prohibition of PFAS-added products.
certifications of compliance should be provided to the Department upon request.

From this recently published bill, Connecticut has adopted certain key components as per the PFAS model legislation published by the Northeast Waste Management Officials’ Association (NEWMOA) which proactively addresses environmental-related topics. The PFAS model legislation³ aims to provide a menu for jurisdictions to choose particular requirements that fit states’ needs and this voluntary initiative may help to improve the consistency of PFAS legislation in various states.

The following products containing intentionally added PFAS are covered under this bill:

A) apparel;

B) carpet and rugs;

C) cleaning products;

D) cookware;

E) cosmetic products;

F) dental floss;

G) fabric treatment;

H) children’s products;

I) menstruation products;

J) textile furnishing;

K) ski wax;

L) upholstered furniture;

M) outdoor apparel for severe wet conditions;

N) turnout gear which refers to protective clothing worn for firefighting and emergency medical services.

Table A. Highlights of the SB No. 292

Scope	Requirements	Date of application
Soil amendments from any biosolids or wastewater sludge	The use, sell or offer for sales of these item contain PFAS is prohibited.	1 October 2024
Outdoor apparel for severe wet conditions contains PFAS	Such product must be accompanied by the statement “Made with PFAS chemicals”.	1 January 2026
Turnout gear with intentionally added PFAS	The manufacturer or other person who sells such product shall provide written notice to the purchaser stating the product has intentionally added PFAS and the reason PFAS is added.	1 January 2026
Products (A to L) contain intentionally added PFAS	Notification: The manufacturers should provide prior notification to the Department if these products contain intentionally added PFAS. Otherwise, such products cannot be sold; Information disclosure: All labels shall be clearly visible to inform the purchaser, using words or symbols approved by the Department that PFAS is present in the product. The label should be durable to remain legible for the useful life of the product.	1 July 2026
Products (A to N) contain intentionally added PFAS	The manufacture, sell or offer for sales or distribute for sales of these item is prohibited.	1 January 2028

[1] Connecticut SB No. 837

[2] Connecticut SB No. 292

[3] NEWMOA - PFAS Model legislation

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