A 797

ASSEMBLY, No. 797
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman DAVID BAILEY, JR.
District 3 (Cumberland, Gloucester and Salem)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Establishes requirements and prohibitions for sale
and distribution of certain products containing intentionally added
perfluoroalkyl and polyfluoroalkyl substances.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act concerning perfluoroalkyl and polyfluoroalkyl
substances and supplementing Title 13 of the Revised Statutes.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in this act:
���� �Apparel� means (1) clothing
items intended for regular wear or formal occasions, including, but not limited
to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits,
costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school
uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear,
formal wear, onesies, bibs, diapers, footwear, and everyday uniforms or
work-wear; and (2) outdoor apparel.
���� �Architectural fabric
structure� means a permanent fabric structure that is intrinsic to a building�s
design or construction.
���� �Carpet� means any covered
product that is made from natural or synthetic fabric that is marketed or
intended for indoor use as a floor covering. �Carpet� includes door mats
intended for indoor use.
���� �Class B firefighting foam�
means the same as the term is defined in subsection k. of section 1 of
P.L.2023, c.243 (C.56:8-229).
���� �Commissioner� means the
Commissioner of Environmental Protection.
���� �Covered product� means an
item manufactured, assembled, packaged or otherwise prepared for sale to
consumers and intended for personal or residential use.� �Covered product� does
not include:
���� (1) a product used in a manner
that has been approved or authorized by a federal or State agency, including:
���� (a) drugs, medical devices,
biologics,� or diagnostics approved or authorized by the federal Food and Drug
Administration or the United States Department of Agriculture or otherwise
subject to regulation under the federal �Food, Drug, and Cosmetic Act� (21
U.S.C. s.301 et seq.);
���� (b) packaging for drugs,
medical devices, biologics, or diagnostics or non-pulp based packaging for food
approved or authorized by the federal Food and Drug Administration or the
United States Department of Agriculture or is otherwise in scope of the federal
�Food, Drug, and Cosmetic Act� (21 U.S.C. s.301 et seq.);
���� (c) products registered or
authorized for use under the �Federal Insecticide, Fungicide, and Rodenticide
Act� (7 U.S.C. s.136 et seq.);
���� (d) substances designated by
rulemaking or otherwise as acceptable substitutes in specific uses under the
United States Environmental Protection Agency�s Significant New Alternatives
Policy (SNAP) program, or substitutes needed to execute the �American
Innovation and Manufacturing (AIM) Act� (42 U.S.C. s.7675); or
���� (e) finished products
certified or regulated by the federal Aviation Administration or the Department
of Defense, or both, when used in a manner that was certified or regulated by
such agencies, including parts, materials, and processes when used to manufacture
or maintain such regulated or certified finished products;
���� (2) polymeric substances for
which the main chain (backbone) of the polymer is either a per- or
poly-fluorinated carbon-only backbone or a perfluorinated polyether backbone;
���� (3) items that are required by
federal or State laws and regulations;
���� (4) a used product offered for
sale or resale;
���� (5) motorized vehicles,
including on and off-highway vehicles, such as all-terrain vehicles,
motorcycles, side-by-side vehicles, farm equipment, construction equipment, and
personal assistive mobility devices;
���� (6) inaccessible electronic
components of a product;
���� (7) cooling, heating,
ventilation, air conditioning, and refrigeration equipment, components, and
servicing needs;
���� (8) dielectric heat transfer
fluids for immersion cooling of electronic components;
���� (9) infrastructure, devices,
and other equipment used to transmit voice, video, and data via broadcasting,
cable, satellite, wireless, wireline networks, or other means;
���� (10) products used for the
generation and distribution of electricity; and
���� (11) personal protective
equipment.
���� �Cookware� means durable
houseware items that are used in homes and restaurants to prepare, dispense, or
store food, foodstuffs, or beverages. �Cookware� includes, but is not limited
to, pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls,
and cooking utensils.
���� �Cosmetic� means a product
that is intended to be rubbed, poured, sprinkled, or sprayed on, introduced
into, or otherwise applied to the human body or any part thereof for cleansing,
beautifying, promoting attractiveness, or altering the appearance. �Cosmetic�
includes, but is not limited to, skin moisturizer, perfume, lipstick, nail
polish, eye or facial makeup preparation, shampoo, conditioner, permanent wave
products, hair dye, and deodorant. �Cosmetic� does not include a product that
requires a prescription for distribution or dispensation or hydrofluorocarbons
or hydrofluoroolefins used as propellants in cosmetics.
���� �Department� means the
Department of Environmental Protection.
���� �Fabric treatment� means a
product applied by a consumer to a finished fabric to give the fabric stain
resistance and water resistance characteristics.� �Fabric treatment� does not
include hydrofluorocarbons or hydrofluoroolefins used as propellants in fabric
treatments.
���� �Feminine hygiene products�
means a product used to collect menstrual and vaginal discharge, including tampons,
pads, sponges, menstrual underwear, disks, applicators, and menstrual cups,
whether disposable or reusable.
���� �Food packaging� means a
nondurable package, packaging component, or food serviceware that is intended
to contain, serve, store, handle, protect, or market food, foodstuffs, or
beverages, and is composed, in substantial part, of paper, paperboard, or other
materials originally derived from plant fibers. �Food packaging� includes food
or beverage containers, take-out food containers, unit product boxes, liners,
wrappers, serving vessels, eating utensils, straws, food boxes, and disposable
plates, bowls, or trays.
���� �Intentionally added PFAS� means
PFAS added to a product or one of the product's components to provide a
specific characteristic, appearance, or quality or to perform a specific
function.� �Intentionally added PFAS� also includes any degradation byproducts
of PFAS.
���� �Juvenile product� means a
product designed for use by infants or children under the age of twelve.
�Juvenile product� includes, but is not limited to: bassinets and other bedside
sleepers; booster seats, car seats or other child restraint systems; changing
pads; co-sleepers; crib or toddler mattresses; floor play matts; highchairs and
highchair pads; infant bouncers; infant carriers; infant or toddler foam
pillows; infant seats; infant sleep positioners; infant swings; infant travel
beds; infant walkers; nap cots; nursing pads and pillows; play matts; playpens;
play yards; foam matts, pads, or pillows; portable foam nap matts; portable
infant sleepers and hook-on chairs; soft-sided portable cribs; and strollers.
�Juvenile product� does not include: electronic products; including personal
computers and any associated equipment audio and video equipment; calculators;
wireless phones; gaming consoles; handheld devices incorporating a video screen
and any associated peripheral device such as a mouse, keyboard, power supply
unit, or power cord; an internal component of a juvenile product that would not
come into direct contact with a child�s skin or mouth during reasonably
foreseeable use and abuse of the product; apparel; adult mattresses; or sports
equipment and accessories.
���� �Manufacturer� means the
person that manufactures a product or whose brand name is affixed to the
product.� In the case of a product imported into the United States,
�manufacturer� 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.
���� �Outdoor apparel� means
apparel that is intended primarily for outdoor activities.
���� �Outdoor apparel designed for
severe wet conditions� means outdoor apparel designed for persons who engage in
outdoor sports not marketed for general consumer use to provide health and
safety protection against extended exposure to extreme rain conditions or
against extended immersion in water or wet conditions, such as from snow.�
�Apparel� shall not include personal protective equipment or clothing items for
exclusive use by the United States military.
���� �Perfluoroalkyl and
polyfluoroalkyl substances� or �PFAS� means non-polymeric perfluoralkyl
substances, saturated polyfluoroalkyl substances, and side-chain fluorinated polymers
that contain at least two fully fluorinated sequential carbon atoms, excluding
gases and substances that become gases in use that are regulated under various
state, federal, and international programs.
���� �Personal protective
equipment� means equipment worn to minimize exposure to hazards that cause
serious workplace injuries and illnesses that may result from contact with
chemical, radiological, physical, biological, electrical, mechanical, or other
workplace or professional hazards.
���� �Ski wax� means a lubricant
applied to the bottom of snow runners, including, but not limited to, skis and
snowboards, to improve their grip or glide properties. �Ski wax� includes
related tuning products.
���� �Testing facility� means a
location that allows for the discharge of firefighting foam in non-emergency
situations for the evaluation of and calibration of firefighting equipment and
firefighting foam.
���� �Textile� means any item made
in whole or in part from a natural, manmade, or synthetic fiber, yarn, or
fabric, and includes, but is not limited to, leather, cotton, silk, jute, hemp,
wool, viscose, nylon, or polyester. �Textile� shall not include single-use
paper hygiene products, including, but not limited to, toilet paper, paper
towels or tissues, or single-use absorbent hygiene products.
���� �Textile articles� means
textile goods of a type customarily and ordinarily used in households and
businesses. �Textile articles� includes, but is not limited to, apparel,
accessories, handbags, backpacks, draperies, shower curtains, furnishings,
upholstery, bedding, towels, napkins, and tablecloths.� �Textile articles� does
not include carpets and rugs; treatments containing PFAS for use on converted
textiles or leathers; a vehicle, including, but not limited to, an off-highway
motor vehicle, or its component parts; a vessel, or its component parts, such
as boat covers; filtration media and its filter products used in industrial
applications, including, but not limited to, chemical or pharmaceutical
manufacturing and environmental control applications; textile articles used in
or for laboratory analysis and testing; an aircraft or its component parts;
stadium shades or other architectural fabric structures; articles intended to
provide a barrier against biological fluids and other infections, such as medical
gowns an caps, surgical drapes and covers, hospital linens, wound care pads and
dressings, and surgical hosiery; and personal protective equipment.
���� 2.��� a.� Beginning three
years after the effective date of this act, no person shall sell, offer for
sale, or distribute for sale in the State the following covered products
containing intentionally added PFAS:
���� (1) apparel;
���� (2) carpet;
���� (3) fabric treatment;
���� (4) cosmetics;
���� (5) food packaging;
���� (6) juvenile products;
���� (7) feminine hygiene products;
���� (8) ski wax; and
���� (9) textile articles.
���� b.��� Beginning two years
after the effective date of this act, except as provided in subsection c. of
this section, no person shall sell, offer for sale, or distribute for sale any
new, not previously used, outdoor apparel designed for severe wet conditions
containing intentionally added PFAS unless the outdoor apparel designed for
severe wet conditions is labeled with a legible and easily discernable
notification that reads �Made with PFAS� to inform consumers that the product
contains PFAS.� The labeling requirements of this section shall also be
required for online listings of outdoor apparel designed for severe wet
conditions.
���� c.���� Beginning five years
after the effective date of this act, no person shall sell, offer for sale, or
distribute for sale in the State outdoor apparel designed for severe wet
conditions containing intentionally added PFAS.
���� 3.��� a.� Beginning one year
after the effective date of this act, a manufacturer of cookware sold in the
State that contains intentionally added PFAS in the handle of the product or in
any product surface that comes into contact with food, foodstuffs, or beverages
shall list the presence of PFAS on the product label. The product label of a
cookware product containing intentionally added PFAS shall include a statement,
in both English and Spanish, that reads: �This product contains PFAS.�� The
product label shall also include the phrase �For more information about PFAS in
the product, please visit� followed by the following information:
���� (1) an internet web site
address for a web page that provides information about the reasons that PFAS
are intentionally added to the product; and
���� (2) a quick response (QR) code
or other machine-readable code, consisting of an array of squares, used for
storing the internet website for the web page established pursuant to paragraph
(1) of this subsection.
���� b.��� A manufacturer of
cookware sold in the State shall ensure that the statement required on the
product label pursuant to subsection a. of this section is visible and legible
to the consumer, including on the product listing for online sales.
���� c.���� Cookware that meets
both of the following requirements shall be exempt from the requirements of
this section:
���� (1) the surface area of the
cookware cannot fit a product label of at least two square inches; and
���� (2) the cookware does not have
either of the following:
���� (a) an exterior container or
wrapper on which a product label can appear or be affixed; or
���� (b) a tag or other attachment
with information about the product attached to the cookware.
���� d.��� Beginning one year after
the effective date of this act, a manufacturer shall not make a claim, on a
cookware product or its packaging, that the cookware is free of PFAS unless the
product does not contain intentionally added PFAS.
���� e.���� Beginning one year
after the effective date of this act, no person shall sell, offer for sale, or
distribute for sale within the State cookware containing intentionally added
PFAS unless the cookware and the manufacturer of the cookware have complied
with the labeling requirements established pursuant to this section.
���� 4.��� a.� Beginning two years
after the effective date of this act, a person, local government, or State
agency shall not discharge for training purposes class B firefighting foam that
contains intentionally added PFAS.
���� b.��� Beginning two years
after the effective date of this act, a person, local government, or State
agency shall not discharge for testing purposes class B firefighting foam
containing intentionally added PFAS unless:
���� (1) otherwise required by law
or the authority having jurisdiction; and
���� (2) the testing facility has
implemented appropriate containment, treatment, and disposal measures to
prevent releases of the class B firefighting foam into the environment.
���� c.���� The provisions of this
section shall not restrict the manufacture, sale, or distribution of class B
firefighting foam containing intentionally added PFAS or the discharge or use
of class B firefighting foam in emergency firefighting or fire prevention operations.
���� d.��� Beginning two years
after the effective date of this act, for the purposes of training for
firefighting operations, fire departments shall utilize non-fluorinated
training foams or other non-fluorinated surrogates.� Training for firefighting
operations shall be conducted under conditions conducive to the collection of
spent firefighting foam regardless of the type of foam being utilized.
���� 5.��� a.� Whenever the
Commissioner of Environmental Protection finds that a person has violated any
provision of this act, or any rule or regulation adopted pursuant thereto, the
commissioner may:
���� (1)�� issue an order requiring
the person found to be in violation to comply in accordance with subsection b.
of this section;
���� (2)�� bring a civil action in
accordance with subsection c. of this section;
���� (3)�� levy a civil
administrative penalty in accordance with subsection d. of this section;
���� (4)�� bring an action for a
civil penalty in accordance with subsection e. of this section;
���� (5) direct a manufacturer or
other person that is not in compliance with the requirements of this act to
stop offering for sale or distributing certain products that contain
intentionally-added PFAS; or
���� (6) notify the public of a
manufacturer that is not in compliance with the requirements of this act.
���� b.��� Whenever the
commissioner finds that a person has violated this act, or any rule or
regulation adopted pursuant thereto, the commissioner may issue an
administrative enforcement order specifying the provision or provisions of this
act, or the rule or regulation adopted pursuant thereto, of which the person is
in violation, citing the action that constituted the violation, requiring
compliance with the provision violated, and giving notice to the person of the
person's right to a hearing on the matters contained in the administrative
enforcement order.� The ordered person shall have 20 calendar days from receipt
of the order within which to deliver to the commissioner a written request for
a hearing.� After the hearing and upon finding that a violation has occurred,
the commissioner may issue a final order.� If no hearing is requested, the
order shall become final after the expiration of the 20-day period.� A request
for hearing shall not automatically stay the effect of the order.
���� c.���� The commissioner is
authorized to institute a civil action in Superior Court for appropriate relief
from any violation of the provisions of this act, or any rule or regulation
adopted pursuant thereto.� This relief may include an assessment against the violator
for the costs of any investigation, inspection, or audit that led to the
discovery and establishment of the violation, and for the reasonable costs of
preparing and litigating the case under this subsection.
���� d.��� The commissioner is
authorized to impose a civil administrative penalty of not less than $1,000 nor
more than $20,000 for each violation, provided that each day during which the
violation continues shall constitute an additional, separate and distinct offense.�
In assessing a civil administrative penalty, the commissioner shall consider
the severity of the violation, the measures taken to prevent further
violations, and whether the penalty will maintain an appropriate deterrent.�
Prior to assessment of a civil administrative penalty, the person committing
the violation shall be notified by certified mail or personal service that the
penalty is being assessed.� The notice shall identify the section of the
statute, rule, regulation, or order violated; recite the facts alleged to
constitute a violation; state the basis for the amount of the civil
administrative penalties to be assessed; and affirm the rights of the alleged
violator to a hearing.� The ordered party shall have 20 days from receipt of
the notice within which to deliver to the commissioner a written request for a
hearing.� After the hearing and upon finding that a violation has occurred, the
commissioner may issue a final order after assessing the amount of the fine
specified in the notice.� If no hearing is requested, the notice shall become a
final order after the expiration of the 20-day period.� Payment of the
assessment is due when a final order is issued or the notice becomes a final
order.� The authority to levy an administrative order is in addition to all
other enforcement provisions in this act, and the payment of any assessment
shall not be deemed to affect the availability of any other enforcement
provisions in connection with the violation for which the assessment is
levied.� The department may compromise any civil administrative penalty
assessed under this section in an amount and with conditions the department
determines appropriate.
���� e.���� A person who violates
any provision of this act, or any rule or regulation adopted pursuant thereto,
or an administrative order issued pursuant to subsection b. of this section, or
a court order issued pursuant to subsection c. of this section, or who fails to
pay a civil administrative penalty in full pursuant to subsection d. of this
section, or who knowingly makes any false or misleading statement on any
application, record, report, or other document required to be submitted to the
department, shall be subject, upon order of a court, to a civil penalty not to
exceed $25,000 per day of the violation, and each day during which the
violation continues shall constitute an additional, separate, and distinct
offense.� Any civil penalty imposed pursuant to this subsection may be
collected with costs in a summary proceeding pursuant to the "Penalty
Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or may be
collected in a civil action commenced by the commissioner.� In addition to any
penalties, costs or interest charges, the Superior Court, or the municipal
court as the case may be, may assess against the violator the amount of
economic benefit accruing to the violator from the violation.
���� f.���� The exercise of any of
the remedies provided in this section shall not preclude the seeking of any
other remedy specified.
���� 6.��� This act shall take
effect immediately.
STATEMENT
���� This bill would establish
requirements and prohibitions for the sale, offer for sale, and distribution
for sale of certain products containing intentionally added perfluoroalkyl and
polyfluoroalkyl substances (PFAS).� As defined in the bill, �PFAS� means
non-polymeric perfluoralkyl substances, saturated polyfluoroalkyl substances,
and side-chain fluorinated polymers that contain at least two fully fluorinated
sequential carbon atoms, excluding gases and substances that become gases in
use that are regulated under various state, federal, and international
programs, and �intentionally added PFAS� means PFAS added to a product or one
of the product's components to provide a specific characteristic, appearance,
or quality or to perform a specific function.� �Intentionally added PFAS� also
includes any degradation byproducts of PFAS.
���� Specifically, the bill would
prohibit, beginning three years after the bill�s effective date, the sale,
offer for sale, and distribution for sale of the following covered products, if
they are sold to customers for residential use, in the State: (1) apparel; (2)
carpet; (3) fabric treatment; (4) cosmetics; (5) food packaging; (6) juvenile
products; (7) feminine hygiene products; (8) ski wax; and (9) textile
articles.� Beginning two years after the bill�s effective date, the bill would
prohibit the sale, offer for sale, or distribution for sale in the State of any
new, not previously used, outdoor apparel designed for severe wet conditions containing
intentionally added PFAS unless the outdoor apparel designed for severe wet
conditions is labeled with a legible and easily discernable notification that
reads �Made with PFAS� to inform consumers that the product contains PFAS.� The
bill would also prohibit, beginning five years after the bill�s effective date,
the sale, offer for sale, or distribution for sale in the State of outdoor
apparel designed for severe wet conditions containing intentionally added PFAS.
���� In addition, the bill would
require, beginning one year after the bill�s effective date, manufacturers of
cookware sold in the State that contains intentionally added PFAS in the handle
of the product or in any product surface that comes into contact with food,
foodstuffs, or beverages to list the presence of PFAS on the product label.�
The product label of a cookware product containing intentionally added PFAS
would be required to include a statement, in both English and Spanish, that
reads: �This product contains PFAS,� and an internet website and quick response
(QR) code that links to a website providing information about the reasons PFAS
is intentionally added to the product.� The bill provides certain exemptions to
the labeling requirements for certain cookware.� Beginning one year after the
bill�s effective date, the bill would prohibit the sale, offer for sale, and
distribution for sale of cookware containing intentionally added PFAS unless
the cookware and the manufacturer of the cookware has complied with the bill�s
labeling requirements.
���� The bill would also prohibit,
beginning two years after the bill�s effective date, a person, local
government, or State agency from discharging for training purposes class B
firefighting foam containing intentionally added PFAS.� The bill would
prohibit, beginning two years after the bill�s effective date, a person, local
government, or State agency from discharging for testing purposes class B
firefighting foam containing intentionally added PFAS, unless otherwise
required by law or the authority having jurisdiction and the testing facility
has implemented appropriate containment, treatment, and disposal measures to
prevent releases of the class B firefighting foam into the environment.� The
bill�s provisions concerning class B firefighting foam would not restrict the
manufacture, sale, or distribution of class B firefighting foam containing
intentionally added PFAS or the discharge or use of class B firefighting foam
in emergency firefighting or fire prevention operations. In addition, beginning
two years after the bill�s effective date, for the purposes of training for
firefighting operations, fire departments would be required to utilize
non-fluorinated training foams or other non-fluorinated surrogates.� Training
for firefighting operations would be required to be conducted under conditions
conducive to the collection of spent firefighting foam regardless of the type
of foam being utilized.
���� The bill would establish a
civil administrative penalty of not less than $1,000 nor more than $20,000 for
each violation of the bill's provisions.� The bill would also establish a civil
penalty not to exceed $25,000 for a violation of the bill�s provisions.� The
penalties would be assessed for each day during which the violations continued.