HB 2145

PRIOR PRINTER'S NO. 2770  PRINTER'S NO.   3517
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2145
                                              Session of
                                                2026
INTRODUCED BY SCOTT, MIHALEK, KHAN, MUNROE, SANCHEZ, STEELE,
   BRENNAN, McNEILL, PIELLI, RABB, PROBST, HILL-EVANS, WAXMAN,
   DONAHUE, HANBIDGE, HOHENSTEIN, MERSKI, GUENST, SHUSTERMAN,
   RIVERA, D. WILLIAMS, BELLMON, O'MARA, VITALI, CURRY, BOYD,
   CIRESI, SALISBURY, DOUGHERTY, BOROWSKI, GREEN, MALAGARI,
   GAYDOS, FRANKEL, ISAACSON AND TIBURCIO, JANUARY 15, 2026
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
   JUNE 3, 2026
                                 AN ACT
1 Amending Title 12 (Commerce and Trade) of the Pennsylvania
2    Consolidated Statutes, providing for consumer protection and
3    prohibiting the use of perfluoroalkyl and polyfluoroalkyl
4    substances in certain products; imposing powers and duties on <--
5    the Department of Environmental Protection; and imposing
6    penalties.
7    The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9    Section 1.    Title 12 of the Pennsylvania Consolidated
10 Statutes is amended by adding a part to read:
11PART VI
12CONSUMER PROTECTION
13 Chapter
14    71.    PFAS Chemicals
15CHAPTER 71
16PFAS CHEMICALS
17 Subchapter
1    A.     General Provisions
2    B.     Administration and Enforcement
3SUBCHAPTER A
4GENERAL PROVISIONS
5 Sec.
6 7101.   Scope of chapter.
7 7102.   Definitions.
8 § 7101.    Scope of chapter.
9    This chapter relates to the prohibition of PFAS chemicals in
10 certain products.
11 § 7102.    Definitions.
12    The following words and phrases when used in this chapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15    "Adult mattress."      A mattress other than a crib mattress or
16 toddler mattress.
17    "Cosmetic."     As defined in section 2 of the act of April 14,
18 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
19 Device and Cosmetic Act.
20    "Covered product."     Any of the following:
21(1)   A cosmetic.
22(2)   Dental floss.
23(3)   A juvenile product.
24(4)   A menstrual product.
25    "Dental floss."     A waxed or unwaxed thread used to remove
26 food particles and plaque from between the teeth and under the
27 gums.
28    "Department."     The Department of Environmental Protection of      <--
29 the Commonwealth.
30    "Intentionally added PFAS chemical."  Any of the following:
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1      (1)     A PFAS chemical that is added to a product, or a
2  component of a product, and has a functional or technical
3  effect on the product. The term includes the components of a
4  PFAS chemical and a PFAS chemical that is the intentional
5  product of an added chemical.
6      (2)     A PFAS chemical that is used or produced during the
7  manufacture or processing of a product and introduced into or
8  onto the product. The term includes any source of a PFAS
9  chemical that is reasonably known to be present, including
10  the use of a processing agent, a mold release agent or
11  fluorination.
12  "Juvenile product."    As follows:
13      (1)     A product that is designed for use by an infant or
14  child under 12 years of age.
15      (2)     The term includes a baby or toddler foam pillow,
16  bassinet, bedside sleeper, booster seat, changing pad, child
17  restraint system for use in motor vehicles or aircraft, co-
18  sleeper, crib mattress, floor playmat, highchair, highchair
19  pad, infant bouncer, infant carrier, infant seat, infant
20  sleep positioner, infant swing, infant travel bed, infant
21  walker, nap cot, nursing pad, nursing pillow, playmat,
22  playpen, play yard, polyurethane foam mat, pad or pillow,
23  portable foam nap mat, portable infant sleeper, portable
24  hook-on chair, soft-sided portable crib, stroller or toddler
25  mattress.
26      (3)     The term does not include:
27(i)   An electronic product, including a personal
28      computer, audio and video equipment, calculator, wireless
29      phone, game console, handheld device incorporating a
30      video screen or any associated peripheral such as a
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1mouse, keyboard, power supply unit or power cord.
2(ii)    An all-terrain vehicle or ATV as defined in 75
3Pa.C.S. § 7702 (relating to definitions).
4(iii)    A dirt bike as defined in 75 Pa.C.S. § 3722
5(relating to off-road vehicles in urban municipalities).
6(iv)    A pedalcycle with electric assist as defined in
775 Pa.C.S. § 102 (relating to definitions).
8(v)    A snowmobile as defined in 75 Pa.C.S. § 7702.
9(vi)    A medical device.
10(vii)    An adult mattress.
11    "Manufacturer."     As follows:
12(1)   A person that manufactures a product or whose brand
13    name is affixed to a product.
14(2)   In the case of a product imported into the United
15    States, the term includes the importer or first domestic
16    distributor of the product if the person that manufactured or
17    assembled the product or whose brand name is affixed to the
18    product does not have a presence in the United States.
19    "Medical device."     As the term "device" is defined in 21
20 U.S.C. § 321(h) (relating to definitions; generally).
21    "Menstrual product."     As follows:
22(1)   A product that is used to collect menstruation and
23    vaginal discharge.
24(2)   The term includes a tampon, pad, sponge,
25    menstruation underwear, disk or menstrual cup, whether
26    disposable or reusable.
27    "PFAS chemical."     A substance that contains a member of the
28 class of fluorinated organic chemicals containing at least one
29 fully fluorinated carbon atom, including perfluoroalkyl and
30 polyfluoroalkyl substances.
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1    "Product."       As follows:
2(1)   An item that is manufactured, assembled, packaged or
3    otherwise prepared for sale to consumers, including the
4    item's product components, sold or distributed for personal,
5    residential, commercial or industrial use, including for use
6    in making other products.
7(2)   The term does not include:
8(i)    A used product that is offered for sale or
9resale.
10(ii)    A pharmaceutical that has been approved by the
11United States Food and Drug Administration under section
12505 of the Federal Food, Drug, and Cosmetic Act (21
13U.S.C. § 355).
14(iii)    A medical device that has been approved by the
15United States Food and Drug Administration under section
16515 of the Federal Food, Drug, and Cosmetic Act (21
17U.S.C. § 360e) or cleared under section 510(k) of the
18Federal Food, Drug, and Cosmetic Act (21 U.S.C. §
19360(k)).
20(iv)    A product for which Federal law governs the
21presence of PFAS chemicals in the product in a manner
22that preempts state authority.
23    "Product component."      An identifiable component of a product,
24 regardless of whether the manufacturer of the product is the
25 manufacturer of the component.
26SUBCHAPTER B
27ADMINISTRATION AND ENFORCEMENT
28 Sec.
29 7111.   Prohibition of PFAS chemicals for covered products.
30 7112.   Enforcement of prohibition AND PENALTIES.  <--
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1 7113.    Penalties.  <--
2 7114.    Rules and regulations.
3 § 7111.    Prohibition of PFAS chemicals for covered products.
4    (a)    Covered products generally.--Beginning January 1, 2028,
5 a person may not manufacture, sell or offer for sale in this
6 Commonwealth, a covered product that contains an intentionally
7 added PFAS chemical.
8    (b)    Certificate of compliance.--
9(1)   A manufacturer of a covered product shall provide
10    persons who offer the covered product for sale in this
11    Commonwealth with a certificate of compliance stating that
12    the covered product is in compliance with the requirements of
13    this chapter and does not contain an intentionally added PFAS
14    chemical.
15(2)   A certificate of compliance under this subsection:
16(i)    Shall be signed by an authorized official of the
17manufacturer.
18(ii)   May be provided electronically.
19(3)   A distributor or retailer of a covered product, if
20    not also the manufacturer of the covered product, is not in
21    violation of this chapter if the distributor or retailer
22    relied in good faith on the certificate of compliance
23    provided by the manufacturer under this subsection.
24    (c)    Noncompliance notification.--
25(1)   No later than July 1, 2027, the manufacturer of a
26    covered product or product component containing an
27    intentionally added PFAS chemical that is sold, offered for
28    sale, distributed or offered for promotional purposes in or
29    imported into this Commonwealth shall notify each vendor,
30    purveyor or supplier of the covered product or product
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1    component containing the intentionally added PFAS chemical
2    and its lack of compliance with law.
3(2)   The manufacturer shall obtain written confirmation
4    from each vendor, purveyor or supplier's owner or member of
5    senior management that the notification was received and
6    acknowledged.
7    (d)    Applicability.--This section shall not apply to the sale
8 or resale of a used product.
9 § 7112.    Enforcement of prohibition AND PENALTIES.  <--
10    If the department has reason to believe that a covered  <--
11 product contains an intentionally added PFAS chemical and is
12 being distributed, sold or offered for sale in violation of
13 section 7111(a) (relating to prohibition of PFAS chemicals for
14 covered products), the department may direct the manufacturer of
15 the product to, within 30 days of the discovery:
16(1)   provide the department with a statement attesting
17    that the covered product does not contain an intentionally
18    added PFAS chemical; or
19(2)   notify persons that sell the covered product in this
20    Commonwealth that the sale of the covered product is
21    prohibited in this Commonwealth and provide the department
22    with a list of the names and addresses of the persons
23    notified.
24 § 7113.    Penalties.
25    A violation of this chapter constitutes an unfair method of
26 competition and unfair or deceptive act or practice within the
27 meaning of section 2(4) of the act of December 17, 1968
28 (P.L.1224, No.387), known as the Unfair Trade Practices and
29 Consumer Protection Law, and shall be subject to the enforcement
30 provisions, civil penalties and private rights of action
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1 contained in that act.
2 § 7114.   Rules and regulations.  <--
3    The department shall adopt or promulgate rules or regulations
4 necessary to implement, administer and enforce this chapter.
5    Section 2.   This act shall take effect immediately.
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