STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman LISA SWAIN
District 38 (Bergen)
Co-Sponsored by:
Assemblyman Verrelli, Assemblywomen Speight, Lampitt and Assemblyman Calabrese
SYNOPSIS
Protecting Against Forever Chemicals Act; establishes requirements, prohibitions, and programs for regulation of perfluoroalkyl and polyfluoroalkyl substances (PFAS).
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning perfluoroalkyl and polyfluoroalkyl substances, supplementing Title 13 of the Revised Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the Protecting Against Forever Chemicals Act.
2. The Legislature finds and declares: that perfluoroalkyl and polyfluoroalkyl substances, or PFAS, are man-made chemical compounds that have multiple fluorine atoms bonded to a chain of carbon atoms; that there are over 12,000 different types of PFAS, and new types are invented on a nearly daily basis; that since the 1930s, PFAS have been widely used in countless consumer products because they repel oil, water, and grease; and that PFAS continue to be used across a variety of industries for a variety of purposes and are ultimately contained in many of the products sold in the State.
The Legislature further finds and declares: that the carbon-fluorine bond that forms PFAS is one of the strongest chemical bonds found in nature and does not break down under typical environmental conditions; that PFAS are nicknamed forever chemicals because they accumulate in the environment, rather than break down, over time; that PFAS enters the environment through manufacturing processes and waste streams, and humans are exposed through contaminated food, dust, air, drinking water, and certain consumer products; that human exposure to these chemicals has been linked to endocrine disruption, cancer, immuno-toxicity, and developmental impacts; and that PFAS have been detected in the blood serum of 98 percent of humans tested.
The Legislature further finds and declares: that contamination of air, soil, and water in the State from PFAS poses a significant threat to the environment of the State and to the health of its citizens; that the full extent of PFAS contamination in the State is not presently known, but is anticipated to be widespread and to require a significant expenditure of resources to identify and remediate; and that, to address the imminent threat of further contamination of air, soil, and water in the State and protect the public health of citizens in the State, it is imperative to conduct PFAS-related research within the State and to phase out the sale of certain nonessential products containing PFAS.
The Legislature therefore determines that it is in the best interest of the residents of New Jersey for PFAS to be prohibited from being intentionally added to certain products being manufactured and sold within the State, for manufacturers of products containing PFAS to notify the Department of Environmental Protection of the presence of PFAS in their products, and for educational programming and research concerning PFAS to be available to residents in the State.
3. As used in this act:
Carpet means a rug or fabric marketed or intended for use as a floor covering.
Commissioner means the Commissioner of Environmental Protection.
Cookware means durable houseware items that are used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages. Cookware includes, but is not limited to, pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.
Cosmetic means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles; except that such term shall not include soap.
Department means the Department of Environmental Protection.
Fabric treatment means a substance applied to fabric to give the fabric one or more characteristics, including, but not limited to, stain resistance or water resistance.
Food packaging means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages, and is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. Food packaging includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.
Intentionally added PFAS means PFAS added to a product or intentionally used during the development of a product or one of its product components to provide a specific characteristic, appearance, or quality or to perform a specific function. Intentionally added PFAS also includes any degradation byproducts of PFAS.
Manufacturer means the person that manufactures a product or whose brand name is affixed to the product. In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.
Perfluoroalkyl and polyfluoroalkyl substances or PFAS means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Product means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including its product components, which is sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.
Product component means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
Product label means a display of written, printed, or graphic material that appears on, or is affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a consumer, if the product has an exterior container or wrapper.
4. a. Beginning one year after the effective date of this act, a manufacturer of a product for sale in the State that contains intentionally added PFAS shall submit to the department a written notification that includes:
(1) a brief description of the product;
(2) the purpose for which PFAS are used in the product, including in any product components;
(3) the amount of each of the PFAS, identified by its chemical