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 PFAS and sewage sludge, and it 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, prohibiting their manufacture, sale, distribution, or application if they exceed these levels. Manufacturers are required to conduct monthly testing of their products for PFAS and report the results, with strict disposal requirements for any non-compliant batches.

Additionally, the bill creates a criminal offense for knowingly selling or distributing products that exceed the established PFAS concentration limits, classifying such violations as a Class A misdemeanor, or a State Jail Felony for repeat offenders. The legislation emphasizes the importance of public health and environmental safety by imposing stringent testing and reporting requirements on manufacturers, as well as penalties for non-compliance. The act is set to take effect on September 1, 2025.

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