S.B. No. 886 aims to regulate the production, sale, and use of agricultural products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) in Texas. The bill introduces new definitions for "perfluoroalkyl and polyfluoroalkyl substances" and "sewage sludge" in the Agriculture Code. It amends the definition of commercial fertilizer to include biosolids and other materials that contain or are produced from sewage sludge. Additionally, the bill establishes specific concentration limits for various PFAS compounds in materials classified as fertilizers, soil amendments, or similar agricultural products.

The legislation also outlines compliance measures for manufacturers, including monthly testing for PFAS concentrations and the requirement to dispose of non-compliant batches as hazardous waste. If a manufacturer fails to meet testing requirements or exceeds the concentration limits, the bill allows for the issuance of stop-sale orders and the suspension of distribution permits. Violations of these provisions can result in criminal charges, with first offenses classified as Class A misdemeanors and subsequent offenses as state jail felonies. 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)