This bill aims to limit the use of regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) in menstrual products, which are defined to include items such as tampons, sanitary pads, menstrual cups, and underwear, both disposable and reusable. Regulated PFAS are categorized as either "intentionally added PFAS," which are included in products for specific characteristics or functions, or PFAS present above a technically unavoidable trace quantity. The bill mandates that manufacturers are prohibited from selling or distributing menstrual products containing regulated PFAS.
To ensure compliance, the Department of Environmental Protection (DEP) is tasked with establishing a testing system for regulated PFAS in menstrual products and approving laboratories to conduct these tests. The results must be made available to the Department of Health for inspection. Violations of this bill would be classified as unlawful practices under the Consumer Fraud Act, subjecting violators to penalties, including fines and potential legal actions. The bill is set to take effect two years after its enactment, allowing the DEP and Department of Health to prepare for its implementation.