As the US Environmental Protection Agency (EPA) expands its regulation of per-and polyfluoroalkyl substances (PFAS), a number of states have also taken steps to regulate the use, production, and sale of products containing PFAS. PFAS are a group of synthetic chemicals with a broad range of commercial and industrial uses. Adopted and proposed state legislation may require entities that have PFAS in their products to report such contents, age-restrict the distribution of their products, or even, cease the sale of PFAS-containing products entirely.
It is critical to understanding how a state defines PFAS and whether (and how) any of the requirements apply to your product. It’s complicated: Some states are legislating PFAS as a class using a very broad definition, while others are targeting specific PFAS chemicals. Commercial and industrial producers should be aware of any new obligations that may affect their business practices.
The chart below outlines adopted and proposed regulatory efforts as of early May:
STATE LABELING REQUIREMENTS.
STATE NOTIFICATION AND REPORTING REQUIREMENTS
LIMITED BANS ON PFAS-CONTAINING PRODUCTS
TOTAL BANS ON PFAS-CONTAINING PRODUCTS
As state requirements and proposals continue to evolve, it is important for owners and operators in affected industries to proactively monitor the status of developments in states where they operate. Compliance in this area is complex. Many of the bans or reporting requirements also apply to e-commerce. And disposal of any product containing PFAS warrants careful consideration.
