Sponsored by:
Assemblywoman LISA SWAIN
District 38 (Bergen)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
SYNOPSIS
Bans regulated perfluoroalkyl and polyfluoroalkyl substances from menstrual products.
CURRENT VERSION OF TEXT
As introduced.
An Act banning perfluoroalkyl and polyfluoroalkyl substances from menstrual products and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
Menstrual product means a product manufactured for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear. The term shall include both disposable and reusable products.
Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).
Regulated perfluoroalkyl and polyfluoroalkyl substances or Regulated PFAS means:
(1) PFAS which have been intentionally added to a product and have a functional or technical effect in the product, including PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product; or
(2) The presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.
b. A manufacturer of menstrual products shall not sell, distribute, or offer for sale or use in this State any menstrual product containing regulated PFAS.
c. The Department of Environmental Protection shall establish a system for manufacturers to periodically test for the presence of regulated PFAS in menstrual products, to be conducted by a laboratory approved by the commissioner.
d. The results of a test conducted pursuant to subsection c. of this section shall be available to the Department of Health for inspection upon request to the manufacturer or laboratory.
e. A violation of the provisions of this section shall constitute an unlawful practice for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), and the violator shall be subject to all the remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
2. This act shall take
effect on the first day of the nineteenth month next following enactment,
except that the Commissioner of Environmental Protection and the Commissioner
of Health may take any anticipatory administrative action in advance as may be
necessary for the implementation of this act.
STATEMENT
This bill bans the use of regulated perfluoroalkyl and polyfluoroaklyl (PFAS) substances from menstrual products.
The bill defines menstrual products as those manufactured for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear. The term includes both disposable and reusable products.
Under the bill, regulated PFAS are defined as PFAS which are intentionally added to a product and have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product, or the presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.
The bill requires the Department of Environmental Protection to establish a system to test for regulated PFAS and approve of laboratories to conduct the tests. Results of any test conducted pursuant to the bill are required to be available to the Department of Health for inspection, either from the manufacturer or the laboratory.
A violation of the bills provisions would be an unlawful practice under the Consumer Fraud Act, P.L.1960, c.39 (C.56:8-1 et seq.), and would be punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. Additionally, a violation of the Consumer Fraud Act can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
The bill would be effective 18 months after enactment, but permits the commissioners of DEP and DOH to take anticipatory administrative action.