HOUSE DOCKET, NO. 2994 FILED ON: 2/18/2021
HOUSE . . . . . . . . . . . . . . . No. 2350
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jack Patrick Lewis
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act restricting toxic PFAS chemicals in consumer products to protect our health.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Jack Patrick Lewis 7th Middlesex 2/18/2021
Natalie M. Higgins 4th Worcester 2/20/2021
Tommy Vitolo 15th Norfolk 2/26/2021
Lindsay N. Sabadosa 1st Hampshire 3/16/2021
Jessica Ann Giannino 16th Suffolk 3/25/2021
Carmine Lawrence Gentile 13th Middlesex 3/25/2021
Mary S. Keefe 15th Worcester 4/1/2021
Brian W. Murray 10th Worcester 4/5/2021
Danillo A. Sena 37th Middlesex 4/5/2021
Joanne M. Comerford Hampshire, Franklin and Worcester 4/6/2021
Tram T. Nguyen 18th Essex 4/6/2021
Michael O. Moore Second Worcester 4/6/2021
David M. Rogers 24th Middlesex 4/6/2021
Patrick M. O'Connor Plymouth and Norfolk 4/7/2021
Michelle L. Ciccolo 15th Middlesex 4/7/2021
Walter F. Timilty Norfolk, Bristol and Plymouth 4/16/2021
Vanna Howard 17th Middlesex 4/16/2021
Marc R. Pacheco First Plymouth and Bristol 5/6/2021
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Carol A. Doherty 3rd Bristol 5/10/2021
David Henry Argosky LeBoeuf 17th Worcester 5/10/2021
Ruth B. Balser 12th Middlesex 5/14/2021
Lori A. Ehrlich 8th Essex 6/10/2021
Mindy Domb 3rd Hampshire 7/12/2021
Natalie M. Blais 1st Franklin 7/16/2021
Tami L. Gouveia 14th Middlesex 7/20/2021
Marcos A. Devers 16th Essex 8/20/2021
Steven C. Owens 29th Middlesex 9/9/2021
Andres X. Vargas 3rd Essex 9/14/2021
Patrick Joseph Kearney 4th Plymouth 9/14/2021
Erika Uyterhoeven 27th Middlesex 12/2/2021
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HOUSE DOCKET, NO. 2994 FILED ON: 2/18/2021
HOUSE . . . . . . . . . . . . . . . No. 2350
By Mr. Lewis of Framingham, a petition (accompanied by bill, House, No. 2350) of Jack Patrick
Lewis and others for legislation to further regulate PFAS chemicals in consumer products.
Public Health.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act restricting toxic PFAS chemicals in consumer products to protect our health.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after
2 section 5S the following section:-
3 Section 5T. (a) As used in this section, the following words, unless the context clearly
4 requires otherwise, shall have the following meanings:-
5 “Child passenger restraint”, a child passenger restraint under section 7AA of chapter 90.
6 “Cookware”, pots and pans used for cooking.
7 “Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart
8 characteristics, including, but not limited to, stain resistance or water resistance.
9 “Intentionally added”, the addition of a chemical to a final product or product component
10 for the purpose of providing a specific characteristic, appearance or quality or to perform a
11 specific function in the product or product component.
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12 “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS substances”, a class of
13 fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
14 “Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on,
15 introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting
16 attractiveness, or altering the appearance; provided, personal care products shall include products
17 such as skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup
18 preparations, shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray,
19 shaving cream and deodorants, as well as any material intended for use as a component of a
20 cosmetic product; and provided further that personal care products shall also include disposable
21 menstrual products such as sanitary napkins, tampons, and underwear liners.
22 “Rugs and carpets”, fabric used to or marketed to cover floors.
23 'Upholstered furniture'', upholstered furniture as defined in section 270 of chapter 94.
24 (b) No person shall offer for sale, sell, or distribute in the commonwealth any of the
25 following products to which PFAS substances have been intentionally added or, if not
26 intentionally added, in which PFAS substances are present and measurable by testing for total
27 fluorine at a level greater than 1 part per million:
28 (1) child passenger restraints;
29 (2) cookware;
30 (3) fabric treatments;
31 (4) personal care products;
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32 (5) rugs and carpets; and
33 (6) upholstered furniture.
34 (c) The prohibitions of subsection (b) shall not apply to the sale or resale of used
35 products, and shall not apply to a retailer unless the retailer sells the product knowing that the
36 product contains PFAS substances.
37 (d) The manufacturer of any product listed in subsection (b) that knows or has reason to
38 know will be offered for sale, sold or distributed in the commonwealth shall, prior to the
39 effective date, determine by testing for total fluorine whether PFAS substances are present in the
40 product at a level greater than 1 part per million. Upon written request by the department,
41 attorney general or an agency of the commonwealth, the manufacturer of such a product sold or
42 distributed in the commonwealth shall, within 30 days of the request, certify that it has tested the
43 product for total fluorine and determined that PFAS substances are not present in the product at a
44 level greater than 1 part per million.
45 (e) The attorney general shall have the authority to enforce the provisions of this section
46 under section 4 of chapter 93A.
47 SECTION 2. Section 5T of chapter 111 of the General Laws shall take effect on January
48 1, 2023.
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