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 derived 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 creates a criminal offense for the unlawful distribution of products exceeding the established PFAS concentration limits. Violators may face a Class A misdemeanor for initial offenses, escalating to a State Jail Felony for subsequent violations. Manufacturers are required to conduct monthly testing of their products for PFAS levels and maintain records of these tests, which must be publicly available. The bill is set to take effect on September 1, 2025.

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