The bill, introduced by Kerwin as H.B. No. 1674, aims to regulate the production, sale, and use of agricultural products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) in Texas. It amends the Agriculture Code by adding definitions for "perfluoroalkyl and polyfluoroalkyl substances" and "sewage sludge," and expands the definition of commercial fertilizer to include various biosolids and materials derived from sewage sludge. The bill establishes specific concentration limits for various PFAS compounds in these materials and mandates that manufacturers conduct monthly testing for compliance. If a sample exceeds the established limits, manufacturers must dispose of the affected batch appropriately.

Additionally, the bill creates a criminal offense for the unlawful distribution of products containing PFAS above the specified levels, classifying such violations as a Class A misdemeanor, with subsequent offenses escalating to a State Jail Felony. The legislation also outlines the consequences for manufacturers who fail to comply with testing requirements, including the potential suspension of their distribution permits. The provisions of this act are set to take effect on September 1, 2025.

Statutes affected:
Introduced: Agriculture Code 63.001, Agriculture Code 63.002 (Agriculture Code 63)