U.S. Expands PFAS Controls, New Hampshire Responds

On August 2, 2024, New Hampshire joined states like Rhode Island, Connecticut, Vermont, and Colorado in regulating per- and polyfluoroalkyl substances (PFAS) by passing HB 1649-FN. This law bans PFAS in eight categories of products, including food packaging, cosmetics, and personal care items, effective January 1, 2027.

Implementation of Regulatory Measures

Starting January 1, 2027, New Hampshire will ban the production and sale of products with intentionally added PFAS, including:

1. Carpets
2. Cosmetics
3. Textile treatments
4. Feminine hygiene products
5. Food packaging
6. Children’s items
7. Upholstered furniture
8. Home textiles

Clauses for Exemptions

The following exemptions apply to PFAS restrictions under the regulation:

1. Products manufactured before the regulation took effect can still be sold.
2. Products governed by federal laws that override state jurisdiction are not subject to state restrictions.
3. Pharmaceuticals and medical devices regulated by the FDA under the Federal Food, Drug, and Cosmetic Act.
4. Public water systems, sewage treatment facilities, and government-owned facilities as defined by states.
5. Products approved under the EPA’s Significant New Alternatives Policy and substitutes required by the American Innovation and Manufacturing Act, unless specifically prohibited.

Additionally, products made from at least 85% recycled materials and those produced before the regulation, along with their replacement parts, are exempt from the ban.

Creation of Multijurisdictional Clearinghouses

The regulation enables agencies to establish multi-jurisdictional clearinghouses to streamline enforcement and oversight of manufacturers’ duties. It also mandates a comprehensive database that tracks PFAS in products, records exemptions, alternative labeling initiatives, and manufacturers’ evaluations of PFAS recycling system effectiveness.

Nationwide Overview of PFAS Regulations

• California: From January 1, 2023, bans on food packaging and children’s products containing PFAS exceeding 100 ppm.
• New York: Prohibits the manufacture, sale, or distribution of food packaging with intentionally added PFAS from December 31, 2022.
• Vermont (S.20): Bans on Class B firefighting foams with PFAS from July 1, 2022; extends to food packaging and residential carpets from July 1, 2023.
• Colorado (HB 22-1345): Phased bans from 2024 to 2027 on certain PFAS-added products, starting with food packaging from January 1, 2024.
• Maryland: Prohibition against selling any PFAS-added products starting January 1, 2024.
• Minnesota (HF 2310): Food packaging with added PFAS banned from January 1, 2025.
• Maine: Starting in 2023, Maine progressively bans the sale of various products containing intentionally added PFAS, expanding from carpets and fabric treatments to include cleaning products, cookware, cosmetics, artificial turf, outdoor clothing, and eventually cooling and heating equipment by 2040.
• Connecticut: Comprehensive bans from January 1, 2028, on products such as apparel, carpets, and cookware with intentionally added PFAS.