Rhode Island’s Consumer PFAS Ban Act of 2024 (RI H7356)

As of January 1, 2027, Rhode Island will outlaw PFAS in a range of consumer goods.

The Rhode Island General Assembly recently passed House Bill 7356Aaa/Senate Bill 2152 Aaa, which establishes the Consumer PFAS Ban Act of 2024, an Act Relating to Health and Safety that forbids the purposeful addition of per- and polyfluoroalkyl substances (PFAS) in products that are manufactured or offered for sale in the state as of January 1, 2027.

By January 1, 2029, the State intends to phase out the use of PFAS in covered items in accordance with the PFAS Act, with the exception of situations in which its use is judged necessary. 

The main objective of RI H7356 is to stop the deliberate addition of PFAS to consumer goods that are marketed or produced in Rhode Island in order to safeguard the environment and public health. Additionally, the law looks to incentivize producers to replace PFAS with safer alternatives.

The details of PFAS phase-out plan are outlined as follows: 

Notably, if a cosmetic product made through manufacturing processes contains an unavoidable trace quantity of PFAS that is attributable to impurities of natural or synthetic ingredients, the manufacturing process, storage or migration from packaging, or other such unintentional and unavoidable origin, it is not considered a violation of this prohibition. 

Key Provisions of the RI H7356

The Act provides clear definitions for various terms, ensuring that all stakeholders have a common understanding. Some key definitions include:

• Adult Mattress: A mattress other than a crib or toddler mattress.
• Apparel: Clothing items for regular or formal wear, excluding personal protective equipment or military clothing.
• Artificial Turf: Man-made material simulating the appearance of live turf.
• Carpet/Rug: Fabric products intended for floor covering inside buildings, excluding certain specific uses like outdoor carpets or vehicle mats.
• Cookware: Durable items used to prepare, dispense, or store food, such as pots, pans, and cooking utensils.
• Cosmetic: Products applied to the human body for cleansing or beautifying purposes, excluding soap.
• Covered Product: Includes artificial turf, carpets, cookware, cosmetics, fabric treatments, juvenile products, menstrual products, ski wax, and textile articles.
• Intentionally Added PFAS: PFAS added to a product for a specific characteristic or function, including breakdown products of an added chemical.

Prohibitions and Restrictions of PFAS in Rhode Island

General Ban

Starting January 1, 2027, the manufacture, sale, or distribution of covered products containing intentionally added PFAS is prohibited in Rhode Island. This broad prohibition is aimed at eliminating the use of PFAS in everyday consumer items to reduce environmental and health risks.

Specific Products

By January 1, 2029, additional restrictions will apply to specific products:

• Artificial Turf: Banned if it contains intentionally added PFAS.
• Outdoor Apparel for Severe Wet Conditions: Banned unless labeled with “Made with PFAS chemicals.”

Enforcement and Compliance

The Act outlines robust enforcement mechanisms to ensure compliance:

1. Manufacturer Responsibilities:
   • Certification: Manufacturers must certify that their products do not contain intentionally added PFAS.
   • Notification: Manufacturers must notify retailers about the prohibition of non-compliant products.
2. Penalties:
   • First-time violators are subject to civil penalties of up to $1,000.
   • Repeat offenders face penalties up to $5,000 per violation.
3. Director’s Authority:
   • The Director of the Department of Environmental Management can require manufacturers to provide certificates of compliance or notify sellers of the prohibition.

Firefighting Foam ban in Rhode Island

A significant part of the Act focuses on banning PFAS in firefighting foam:

• Class B Firefighting Foam: The manufacture, sale, or use of Class B firefighting foam containing PFAS is prohibited starting January 1, 2025, except where required by federal law.
• Temporary Exemptions: Terminals can apply for a one-year exemption if no viable alternatives exist and they can contain and manage the PFAS on-site.

Exemptions and Exceptions

The Act allows for specific exemptions, such as:

• Unavoidable Trace Quantities: Cosmetic products with unavoidable trace quantities of PFAS due to impurities or packaging migration are not in violation.
• Used Products: The sale or resale of used products containing PFAS is not restricted.

Implementation and Impact

Rules and Regulations

The Department of Environmental Management is authorized to promulgate rules and regulations to implement the provisions of the Act. This ensures that the legislation is adaptable and can address any unforeseen challenges during its implementation.

Impact on Stakeholders

• Manufacturers:- Manufacturers will need to reformulate products to eliminate intentionally added PFAS or find safer alternatives. They must also ensure proper certification and compliance with the new regulations.

• Retailers:- Retailers must stay informed about which products are compliant and ensure they are not selling banned items. They may need to work closely with suppliers to verify product certifications.

• Consumers:- Consumers can expect to see fewer products containing PFAS on the market, leading to safer and healthier choices. The labeling requirements for certain products will also provide transparency, allowing consumers to make informed decisions.If the Department of Environmental Management has reasons to believe a circulated product contains intentionally added PFAS, it may direct the manufacturer to provide a certificate to attest that the product does not contain intentionally added PFAS. 

Conclusion

All Rhode Islanders will live in a safer and healthier future thanks to the Rhode Island Consumer PFAS Ban Act, Rhode Island House Bill 7356 of 2024.

It will be necessary for producers, distributors, and buyers to adjust to the new rules and transition to safer, PFAS-free products.

It’s not necessary to have to struggle to manage PFAS compliance. Using automation and compliance-managed services, we can provide support for your Compliance Department with our PFAS Solutions.

In addition to ensuring that your company stays compliant and ready for any future regulatory changes, we are able to detect and monitor PFAS.

Even while there isn’t now a complete federal ban on all PFAS, there has been a noticeable trend towards tighter control and a decrease in PFAS usage and contamination as a result of state laws, federal initiatives, and industry improvements.