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USA: New Hampshire imposes PFAS ban on certain products

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

New Hampshire enacted a new PFAS law¹ in August 2024. The legislation prohibits the sale of certain consumer products containing intentionally added PFAS starting on 1 January 2027. Additionally, it mandates that industries responsible for PFAS contamination undertake cleanup, restoration, and other remediation efforts and bear associated costs.

The law defines PFAS according to the Toxic Substances Control Act (TSCA) PFAS reporting and recordkeeping regulation (40 CFR 705.3²), which differs from the PFAS regulated in other US states like Maine and Minnesota. Manufacturers and suppliers must provide a certification of compliance (CoC) to the New Hampshire Department of Environmental Services within 30 days upon request. Even products exempt under the new law require a CoC specifying the basis for the exemption. The CoC shall be signed by an authorized official of the manufacturer or supplier. 

The following PFAS-added consumer products are prohibited from the sale:

(a) Carpets or rugs;
(b) Cosmetics;
(c) Textile treatments;
(d) Feminine hygiene products;
(e) Food packaging and containers;
(f)  Juvenile products where the products are intended for children under 12 years old;
(g) Upholstered furniture;
(h) Textile furnishings including draperies, floor coverings, furnishing, bedding, towels and tablecloths.

The following are exempted from the PFAS ban:

(1)  Products made with at least 85 percent recycled content.
(2)  Products manufactured before the ban is imposed.
(3)  Replacement parts for products manufactured before the ban is imposed.

Note: PFAS stands for per and polyfluoroalkyl substances.

[1] New Hampshire House Bill 1649

[2] TSCA PFAS Reporting and record keeping, 40 FR 705

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