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PRINTER'S NO. 2994
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2238
Session of
2024
INTRODUCED BY SCOTT, STEELE, KHAN, SANCHEZ, KINSEY, MIHALEK,
PROBST, PIELLI, SHUSTERMAN, CERRATO, CONKLIN, VITALI,
D. WILLIAMS, CIRESI, FLEMING, DALEY AND GREEN, APRIL 29, 2024
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 29, 2024
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, providing for consumer protection and
prohibiting the use of perfluoroalkyl and polyfluoroalkyl
substances in certain products; imposing powers and duties on
the Department of Environmental Protection; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 12 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART VI
CONSUMER PROTECTION
Chapter
71. PFAS Chemicals
CHAPTER 71
PFAS CHEMICALS
Subchapter
A. General Provisions
B. Administration and Enforcement
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SUBCHAPTER A
GENERAL PROVISIONS
Sec.
7101. Scope of chapter.
7102. Definitions.
§ 7101. Scope of chapter.
This chapter relates to the prohibition of PFAS chemicals in
certain products.
§ 7102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult mattress." A mattress other than a crib mattress or
toddler mattress.
"Air care product." A chemically formulated consumer product
labeled to indicate that the purpose of the product is to
enhance or condition the indoor environment by eliminating
unpleasant odors or freshening the air.
"Apparel product." As follows:
(1) As defined in section 2302 (relating to
definitions).
(2) The term does not include personal protective
equipment or a clothing item for exclusive use by the United
States military.
"Artificial turf." A synthetic material that simulates the
appearance of live turf, organic turf, grass, sod or lawn.
"Automotive maintenance product." As follows:
(1) A chemically formulated consumer product labeled to
indicate that the purpose of the product is to maintain the
appearance of a motor vehicle.
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(2) The term includes a product for washing, waxing,
polishing, cleaning or treating the exterior or interior
surface of a motor vehicle.
(3) The term does not include an automotive paint or
paint repair product.
"Carpet or rug." A fabric marketed or intended for use as a
floor covering.
"Cleaning product." Any of the following finished products
used primarily for a janitorial, domestic or institutional
cleaning purpose:
(1) An air care product.
(2) An automotive maintenance product.
(3) A general cleaning product.
(4) A polish or floor maintenance product.
"Cookware." As follows:
(1) A durable cookware item that is used in a home or
restaurant to prepare, dispense or store food, foodstuffs or
a beverage.
(2) The term includes a pot, pan, skillet, grill, baking
sheet, baking mold, tray, bowl or cooking utensil.
"Cosmetic." As defined in section 2 of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
"Covered product." Any of the following:
(1) Artificial turf.
(2) A cleaning product.
(3) A carpet or rug.
(4) Cookware.
(5) A cosmetic.
(6) Dental floss.
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(7) A fabric treatment.
(8) Food packaging.
(9) A juvenile product.
(10) A menstrual product.
(11) An oil and gas product.
(12) Ski wax.
(13) A textile article.
"Credible source." A report or publication that has been:
(1) scientifically peer-reviewed;
(2) published in a report of the National Academy of
Sciences, the National Academy of Engineering or the National
Academy of Medicine; or
(3) published in a report by an international, Federal
or state agency or body that implements laws governing
chemicals.
"Currently unavoidable use." The use of a PFAS chemical for
which the department has determined all of the following:
(1) A safer alternative to the PFAS chemical is not
available.
(2) The function of the PFAS chemical is necessary for
the product to work.
(3) The use of the PFAS chemical in the product is
critical for health, safety or the functioning of society.
"Dental floss." A waxed or unwaxed thread used to remove food
particles and plaque from between the teeth and under the gums.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Fabric treatment." A substance that is applied to a fabric
to give the fabric one or more characteristics, including stain
resistance or water resistance.
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"Food packaging." A package or packaging component that is
intended for direct food contact.
"General cleaning product." A soap, detergent or other
chemically formulated consumer product labeled to indicate that
the purpose of the product is to clean, disinfect or otherwise
care for:
(1) fabric, dishes or other wares;
(2) surfaces, including floors, furniture, countertops,
showers or baths; or
(3) other hard surfaces, including stovetops, microwaves
or other appliances.
"Independent source." A source of information that does not
have a perceived or actual financial conflict of interest.
"Intentionally added PFAS chemical." Any of the following:
(1) A PFAS chemical that is added to a product, or a
component of a product, and has a functional or technical
effect on the product. The term includes the components of a
PFAS chemical and a PFAS chemical that is the intentional
product of an added chemical.
(2) A PFAS chemical that is used or produced during the
manufacture or processing of a product and introduced into or
onto the product. The term includes any source of a PFAS
chemical that is reasonably known to be present, including
the use of a processing agent, a mold release agent or
fluorination.
"Interface." The publicly accessible data collection
interface established by the department under section 7112(a)
(relating to disclosure of PFAS chemical information).
"Juvenile product." As follows:
(1) A product that is designed for use by an infant or
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child under 12 years of age.
(2) The term includes a baby or toddler foam pillow,
bassinet, bedside sleeper, booster seat, changing pad, child
restraint system for use in a motor vehicle or aircraft, co-
sleeper, crib mattress, floor playmat, highchair, highchair
pad, infant bouncer, infant carrier, infant seat, infant
sleep positioner, infant swing, infant travel bed, infant
walker, nap cot, nursing pad, nursing pillow, playmat,
playpen, play yard, polyurethane foam mat, pad or pillow,
portable foam nap mat, portable infant sleeper, portable
hook-on chair, soft-sided portable crib, stroller or toddler
mattress.
(3) The term does not include:
(i) An electronic product of a child, including a
personal computer, audio and video equipment, calculator,
wireless phone, game console, handheld device
incorporating a video screen or any associated peripheral
such as a mouse, keyboard, power supply unit or power
cord.
(ii) A medical device.
(iii) An adult mattress.
"Manufacturer." As follows:
(1) A person that manufactures a product or whose brand
name is affixed to a product.
(2) In the case of a product imported into the United
States, the term includes the importer or first domestic
distributor of the product if the person that manufactured or
assembled the product or whose brand name is affixed to the
product does not have a presence in the United States.
"Medical device." As the term "device" is defined in 21
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U.S.C. § 321(h) (relating to definitions; generally).
"Menstrual product." As follows:
(1) A product that is used to collect menstruation and
vaginal discharge.
(2) The term includes a tampon, pad, sponge,
menstruation underwear, disk or menstrual cup, whether
disposable or reusable.
"Motor vehicle." As defined in 75 Pa.C.S. § 102 (relating to
definitions).
"Oil and gas operations." Exploration for oil and gas,
including any of the following:
(1) The conduct of seismic operations and the drilling
of test bores.
(2) The siting, drilling, deepening, recompletion,
reworking or abandonment of an oil and gas well, underground
injection well or gas storage well.
(3) Production operations related to a well described in
paragraph (2), including the installation of flow lines and
gathering systems.
(4) The generation, transportation, storage, treatment
or disposal of exploration and production wastes.
(5) Construction, site preparation or reclamation
activities associated with operations described under this
definition.
"Oil and gas product." Hydraulic fracturing fluid, drilling
fluid or proppant.
"Outdoor apparel." An apparel product that is intended
primarily for outdoor activities, including hiking, camping,
skiing, climbing, bicycling or fishing.
"Outdoor apparel for severe wet conditions." As follows:
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(1) Outdoor apparel that is an extreme and extended-use
product designed for an outdoor sports expert for an
application that provides protection against extended
exposure to extreme rain conditions or extended immersion in
water or wet conditions, such as from snow, to protect the
health and safety of the user and that is not marketed for
general consumer use.
(2) The term includes outerwear for offshore fishing,
offshore sailing, whitewater kayaking or mountaineering.
"Package." As follows:
(1) A container providing a means of marketing,
protecting or handling a product.
(2) The term includes:
(i) A unit package, intermediate package or shipping
container.
(ii) An unsealed receptacle, including a carrying
case, crate, cup, pail, rigid foil or other tray, wrapper
or wrapping film, bag or tub.
"Packaging component." Any of the following:
(1) An individual assembled part of a package, including
an interior or exterior blocking, bracing, cushioning,
weatherproofing, exterior strapping, coating, closure, ink or
label.
(2) Disposable gloves used in commercial or
institutional food service.
"Personal protective equipment." Equipment that is worn to
minimize exposure to a hazard that may cause a serious workplace
injury or illness resulting from contact with a chemical,
radiological, physical, biological, electrical, mechanical or
other workplace or professional hazard.
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"PFAS chemical." A substance that contains any member of the
class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom, including perfluoroalkyl and
polyfluoroalkyl substances.
"Polish or floor maintenance product." A chemically
formulated consumer product, such as a polish, wax or restorer,
that is labeled to indicate that the purpose of the product is
to polish, protect, buff, condition, temporarily seal or
maintain furniture, floors, metal, leather or other surfaces.
"Product." As follows:
(1) An item that is manufactured, assembled, packaged or
otherwise prepared for sale to consumers, including the
item's product components, sold or distributed for personal,
residential, commercial or industrial use, including for use
in making other products.
(2) The term does not include:
(i) A used product that is offered for sale or
resale.
(ii) A product regulated as a drug, medical device
or dietary supplement by the United States Food and Drug
Administration.
(iii) Medical equipment or a product used in medical
settings that is regulated by the United States Food and
Drug Administration.
(iv) A product intended for animals that is
regulated as an animal drug, biologic, parasiticide,
medical device or diagnostic used to treat or
administered to animals under any of the following:
(A) The Federal Food, Drug, and Cosmetic Act (52
Stat. 1040, 21 U.S.C. § 301 et seq.).
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(B) The Federal Virus-Serum-Toxin Act (37 Stat.
832, 21 U.S.C. § 151 et seq.).
(C) The Federal Insecticide, Fungicide, and
Rodenticide Act (61 Stat. 163, 7 U.S.C. § 136 et
seq.).
"Product component." An identifiable component of a product,
regardless of whether the manufacturer of the product is the
manufacturer of the component.
"Proppant." A material that is inserted or injected into an
underground geologic formation during oil and gas operations to
prevent a fracture from closing.
"Safer alternative." As follows:
(1) An alternative that is less hazardous to humans or
the environment than a PFAS chemical.
(2) The term includes any of the following:
(i) A chemical substitute or change in materials,
function or design that eliminates the need for a PFAS
chemical.
(ii) A material, process, design, product or
chemical that eliminates the need for a PFAS chemical.
(3) The term does not include a PFAS chemical.
"Ski wax." As follows:
(1) A lubricant that is applied to the bottom of a snow
runner, ski or snowboard to improve its grip or glide
property.
(2) The term includes a related tuning product.
"Textile." As follows:
(1) An item that is made in whole or in part from a
natural, manmade or synthetic fiber, yarn or fabric.
(2) The term includes leather, cotton, silk, jute, hemp,
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wool, viscose, nylon or polyester.
"Textile article." As follows:
(1) A textile good of a type customarily and ordinarily
used in a household or business.
(2) The term includes an apparel, accessory, handbag,
backpack, drapery, shower curtain, furnishing, upholstery,
bedding, towel, napkin or tablecloth.
SUBCHAPTER B
ADMINISTRATION AND ENFORCEMENT
Sec.
7111. Prohibition of PFAS chemicals for covered products.
7112. Disclosure of PFAS chemical information.
7113. Enforcement of disclosure requirement.
7114. Currently unavoidable use.
7115. Penalties.
7116. Rules and regulations.
§ 7111. Prohibition of PFAS chemicals for covered products.
(a) Covered products generally.--Subject to subsection (b),
beginning January 1, 2027, a person may not manufacture, sell or
offer for sale in this Commonwealth, a covered product that
contains an intentionally added PFAS chemical.
(b) Outdoor apparel for severe wet conditions.--
(1) Beginning January 1, 2027, and ending December 31,
2028, a person may not manufacture, sell or offer for sale in
this Commonwealth, or provide an online listing of products
for sale for, a new outdoor apparel for severe wet conditions
that contains an intentionally added PFAS chemical unless the
new outdoor apparel for severe wet conditions is accompanied
by a legible and easily discernible disclosure with the
statement "Made with PFAS chemicals."
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(2) Beginning January 1, 2029, a person may not
manufacture, sell or offer for sale in this Commonwealth a
new outdoor apparel for severe wet conditions that contains
an intentionally added PFAS chemical.
(c) Certificate of compliance.--
(1) A manufacturer of a covered product shall provide
persons who offer the covered product for sale in this
Commonwealth with a certificate of compliance stating that
the covered product is in compliance with the requirements of
this chapter and does not contain any intentionally added
PFAS chemical.
(2) A certificate of compliance under this subsection:
(i) Shall be signed by an authorized official of the
manufacturer.
(ii) May be provided electronically.
(3) A distributor or retailer of a covered product, if
not also the manufacturer of the covered product, shall not
be held in violation of this chapter if the distributor or
retailer relied in good faith on the certificate of
compliance provided by the manufacturer under this
subsection.
(d) Other products.--In addition to a covered product that
contains an intentionally added PFAS chemical, the department
may by rule or regulation prohibit the distribution, sale or
offer for sale of any other product that contains an
intentionally added PFAS chemical.
(e) Applicability.--This section shall not apply to the sale
or resale of a used product.
§ 7112. Disclosure of PFAS chemical information.
(a) Establishment of interface.--The department shall
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establish a publicly accessible data collection interface to
administer this section.
(b) Registration requirement.--No later than January 1,
2026, and each January 1 thereafter, the manufacturer of a PFAS
chemical or a product or product component containing an
intentionally added PFAS chemical that, during the prior
calendar year, is sold, offered for sale, distributed or offered
for promotional purposes in, or imported into, this Commonwealth
shall register the PFAS chemical or the product or product
component containing the intentionally added PFAS chemical on
the interface, in the form and manner prescribed by the
department.
(c) Registration information.--As part of the registration
under subsection (b), the manufacturer shall provide the
following information, as applicable:
(1) The name and type of product or product component
containing the intentionally added PFAS chemical.
(2) The universal product code (UPC) of the product or
product component containing the intentionally added PFAS
chemical.
(3) The purpose or function for which the intentionally
added PFAS chemical is used in the product or product
component.
(4) The identity of all PFAS chemical compounds in the
product or product component containing the intentionally
added PFAS chemical, reported as follows:
(i) The specific name and the Chemical Abstracts
Service Registry Number (CAS RN) of each PFAS chemical
compound, if both are known.
(ii) The specific name or the CAS RN, if only one is
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known.
(iii) The brand name of the formulation that
contains the PFAS chemical and the name of the
formulation manufacturer, if neither the specific name
nor CAS RN is known.
(5) The amount of all PFAS chemical compounds in the
product or product component containing the intentionally
added PFAS chemical, reported as follows:
(i) The amount or weight of each intentionally added
PFAS chemical compound, if known. The department may
specify reporting ranges in order to meet this
requirement.
(ii) The total organic fluorine in the product or
product component containing the intentionally added PFAS
chemical, if the amount or weight of each intentionally
added PFAS chemical compound is not known.
(iii) The amount of the product or product component
or the number of products or product components sold,
delivered or imported into this Commonwealth in the prior
calendar year.
(6) The name and address of the manufacturer.
(7) The name, address and telephone number of a contact
person for the manufacturer.
(d) Prioritization.--The department may prioritize the
registrations required under this section, based on the PFAS
chemicals, products or product components that, in the judgment
of the department, are most likely to cause contamination of the
land or water resources of this Commonwealth if they contain
intentionally added PFAS chemicals.
(e) Information by category or type.--With the approval of
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the department, a manufacturer may supply the information
required under this section for a category or type of product
rather than for each individual product.
(f) Update and revision.--A manufacturer shall update and
revise the information required under this section when there is
a significant change in the information, in the form and manner
prescribed by the department.
(g) Waiver.--The department may waive all or part of the
requirements under this section if the department determines
that substantially equivalent information is already publicly
available.
(h) Other agreements.--The department may satisfy the
notification requirements under this section by entering into an
agreement with one or more other states or political
subdivisions of a state to collect notifications and accept
notifications to a shared system.
(i) Extension.--The department may extend the deadline for
submittal by a manufacturer of the information required under
this section if the department determines that more time is
needed by the manufacturer for compliance.
(j) Fees.--
(1) The department may establish by rule and assess a
fee payable by a manufacturer upon submittal of a
registration under this section to cover the reasonable costs
incurred by the department in administering this section.
(2) The department may choose to set fees under
paragraph (1) based on the volume of the PFAS chemical,
volume of sales or type of the PFAS chemical.
§ 7113. Enforcement of disclosure requirement.
(a) Prohibition.--A person may not distribute, sell or offer
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for sale in this Commonwealth a product that contains an
intentionally added PFAS chemical if the manufacturer has failed
to comply with the requirements of section 7112 (relating to
disclosure of PFAS chemical information).
(b) Actions.--If the department has reason to believe that a
product contains an intentionally added PFAS chemical and is
being distributed, sold or offered for sale in violation of this
section, the department may direct the manufacturer of the
product to, within 30 days of the discovery:
(1) provide the department with a statement attesting
that the product does not contain an intentionally added PFAS
chemical; or
(2) notify persons that sell the product in this
Commonwealth that the sale of the product is prohibited in
this Commonwealth and provide the department with a list of
the names and addresses of those persons notified.
§ 7114. Currently unavoidable use.
(a) Prohibition.--Except as provided in section 7116(b)
(relating to rules and regulations), beginning January 1, 2033,
a person may not sell, offer for sale or distribute for sale in
this Commonwealth a product that contains an intentionally added
PFAS chemical, unless the department has determined that the use
of the intentionally added PFAS chemical in the product is a
currently unavoidable use.
(b) Specification.--The department may specify products or
product categories for which the department has determined the
use of a PFAS chemical is a currently unavoidable use. The
department shall transmit a list of the products or product
categories to the Legislative Reference Bureau for publication
in the next available issue of the Pennsylvania Bulletin.
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(c) Petition.--
(1) Except as provided in paragraph (2), the
manufacturer of a product may petition the department for a
determination regarding whether the use of a PFAS chemical in
the product is a currently unavoidable use.
(2) The manufacturer of a specified product category
described under section 7111(a) or (b) (relating to
prohibition of PFAS chemicals for covered products) may not
submit a petition under this subsection.
(3) A petition under this subsection must provide the
following:
(i) Evidence from an independent source that
demonstrates the absence of an alternative.
(ii) Evidence that the function of the PFAS chemical
is necessary for the product to work.
(iii) Evidence that the use of the PFAS chemical in
the product is critical for the health, safety or
functioning of society.
(iv) Any additional information requested by the
department to assist in making the determination.
(d) Considerations.--In making a determination under
subsection (c)(1), the department may:
(i) In addition to the information specified under
subsection (c)(3), consider other credible sources of
information.
(ii) Consider prohibitions on the sale and use of
the PFAS chemical in the product or product category in
another state or country.
(iii) Make the determination in relation to a
category of PFAS chemical use or a type of product rather
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than for each individual use or product.
(e) Expiration.--A determination under subsection (c)(1) in
relation to a product, or category of PFAS chemical use or type
of product, expires five years after issuance.
(f) Renewal.--A manufacturer may seek a renewal of the
determination under subsection (c)(1). The manufacturer in its
petition for renewal must provide the information specified
under subsection (c)(3) and provide evidence of efforts to
develop a safer alternative.
(g) Review.--The department may review a determination under
this section before its expiration if there is a significant
change in relation to the information provided under subsection
(c)(3).
(h) Notice.--The department shall maintain a list of the
products and uses that are exempt from the prohibition on
distribution, sale or offer of sale because of the determination
of currently unavoidable use. The department shall post the list
on its publicly accessible Internet website.
§ 7115. Penalties.
A violation of this chapter constitutes unfair methods of
competition and unfair or deceptive acts or practices within the
meaning of section 2(4) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, and shall be subject to the enforcement
provisions, civil penalties and private rights of action
contained in that act.
§ 7116. Rules and regulations.
(a) Authorization.--The department shall adopt or promulgate
rules or regulations necessary to implement, administer and
enforce the provisions of this chapter.
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(b) Currently unavoidable use.--The department may establish
by regulation an effective date for the prohibition of a PFAS
chemical in a product or product category that is before the
date specified under section 7114(a) (relating to currently
unavoidable use), if it is feasible to do so. The following
apply:
(1) The department shall consider public petitions that
request an earlier effective date.
(2) Feasibility shall be deemed to exist if any of the
following conditions are met:
(i) A safer alternative to the PFAS chemical in the
product or product category is reasonably available, as
determined by the department.
(ii) The findings of all or part of an applicable
publicly available study or evaluation of alternatives,
based on reliable information, show the viability of a
safer alternative to the PFAS chemical in the product or
product category.
(iii) The sale or use of the PFAS chemical in the
product or product category has already been banned in
another state or country.
Section 2. This act shall take effect immediately.
20240HB2238PN2994 - 19 -
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