TABLE OF CONTENTS

Colorado: SB 24-081: Perfluoroalkyl and Polyfluoroalkyl Chemicals Protection Act
Connecticut: SB 292: An Act Concerning The Use Of PFAS In Certain Products
Maine: SP 610: An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution and to Provide Additional Funding
Minnesota: M.S.A. § 116.943: Products Containing PFAS (Amara's Law)
New York: NY Environmental Conservation Law § 27-3313
Vermont: Chapter 33A: Chemicals of Concern in Food Packaging
Vermont: Chapter 33B: PFAS in Rugs, Carpets, and Aftermarket Stain and Water Resistant Treatments
Vermont: Chapter 33C: PFAS in Ski Wax
Vermont: Subchapter 12: Chemicals in Cosmetic and Menstrual Products
Vermont: Subchapter 012A: PFAS in Consumer Products
Washington: HB 1047: Relating to the Use of Toxic Chemicals in Cosmetic Products
Washington: Safer Products Restrictions and Reporting

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COLORADO

SB 24-081: Perfluoroalkyl and Polyfluoroalkyl Chemicals Protection Act

First effective in 2024, the Act bans the sale or distribution of various products that contain intentionally added PFAS chemicals. On January 1, 2026, as part of the product phase-out timeline, the new law bans the sale or distribution of cleaning products that are not medical floor maintenance products, cookware, dental floss, menstruation products, and ski wax that contain intentionally added PFAS chemicals. The law also prohibits the installation of artificial turf that contains intentionally added PFAS chemicals on any portion of property in the state.

Affected Products

Cleaning products that are not medical floor maintenance products
Cookware
Dental floss
Menstruation products
Ski wax
Artificial turf

There are also provisions of this law that restrict the use of Class B Aqueous Film Forming Foam, but are omitted here as to focus on household consumer products.

Key Definitions

“Intentionally Added PFAS Chemicals” means PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product. It includes PFAS chemicals that are intentional breakdown products of an added chemical.
“Product” does not include: drugs, medical devices, biologics or diagnostics; or veterinary pesticide products approved by the federal department of agriculture for use in animals; or packaging used for excluded products. “Product” does not include a used product offered for sale or resale.
“Textile” does not include textiles used in medical, professional or industrial settings.

Enforcement/Compliance

A manufacturer or a person who violates the provisions of this law is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. A manufacturer or a person who violates this law repeatedly is subject to a civil penalty not to exceed $10,000 for each repeat offense. Penalties collected under this law must be deposited in the local firefighter safety and disease prevention fund created in section 24-33.5-1231.

CONNECTICUT

SB 292: An Act Concerning The Use Of PFAS In Certain Products

First effective October 1, 2024, this law prohibits the manufacture, selling, offer for sale or distribution for sale of certain products with intentionally added PFAS unless the manufacturer of the product provides prior notification in writing to the state. Effective January 1 and July 1, 2026, certain outdoor apparel, turnout gear and an array of consumer products (listed below) may no longer be sold without labeling and notification to the state.

Affected Products

Apparel
Carpets and rugs
Cleaning products
Cookware
Cosmetics
Dental floss
Fabric treatments
Children's products
Menstruation products
Textile furnishings
Ski waxes
Upholstered furniture

Key Definitions

“Intentionally added PFAS” means PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product’s components to perform a specific function.
“Outdoor apparel for severe wet conditions” means outdoor apparel that are extreme and extended-use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that are not marketed for general consumer use, including, but not limited to, outerwear for offshore fishing, offshore sailing, whitewater kayaking and mountaineering.
“Textile furnishings” means textile goods of a type customarily used in households and businesses, including, but not limited to, draperies, floor coverings, furnishings, bedding, shower curtains, towels and tablecloths.
“Cosmetic product” means articles, excluding soap, that are intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for the purpose of cleansing, beautifying, promoting attractiveness or altering the appearance of, and any item intended for use as a component of any such article.

Enforcement/Compliance

This law has three parts.

First, on and after January 1, 2026, no person shall distribute, sell or offer for sale in this state any new or not-previously-used outdoor apparel for severe wet conditions that contains PFAS unless such product is accompanied by a legible and easily discernable disclosure with the statement “Made with PFAS chemicals,” including for any online listing of such products for sale. Note, this is not limited to “Intentionally Added PFAS.”

Second, also on and after January 1, 2026, if a manufacturer or other person sells turnout gear that contains “Intentionally Added PFAS,” the manufacturer or person shall provide written notice to the purchaser at the time of sale that indicates that the turnout gear includes intentionally added PFAS and the reason PFAS is added to the turnout gear.

Third, on and after July 1, 2026, no person shall manufacture, sell, offer for sale or distribute for sale in this state any apparel; carpet or rug; cleaning product; cookware; cosmetic product; dental floss; fabric treatment; children's product; menstruation product; textile furnishing; ski wax; or upholstered furniture if such product contains “Intentionally Added PFAS,” unless the manufacturer of the product provides prior notification in writing to the state and such product is labeled as containing “Intentionally Added PFAS” at the point of sale.

Such notification to the state shall at a minimum include:

(i)   A brief description of the product to be offered for sale, used or distributed, including the product category and the function of PFAS in the product;
(ii)   all relevant chemical abstract service registry numbers or, if no such number is applicable, the molecular formulas and weights for all PFAS intentionally added to the product;
(iii)   for each product category:

a.   The amount of each PFAS or subgroups in each category;
b.   the range of PFAS in the product category by percent weight;
c.   if no analytical method exists, the amount of total fluorine present in the product category;
d.   the purpose for which the PFAS is used in the product; and
e.   the name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer.

A manufacturer may supply the information for a category or type of product that contains intentionally added PFAS rather than for each individual product.

The Connecticut Department Energy and Environmental Protection can require verification of compliance. The manufacturer or supplier will need to send their certificate of compliance stating that a product is following the requirements.

The commissioner of Energy and Environmental Protection may enforce the provisions of this section pursuant to the department's Administrative Civil Penalty Regulations.

MAINE

SP 610: An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution and to Provide Additional Funding

Effective January 1, 2026, a person may not sell or distribute various consumer products that contain intentionally added PFAS nor sell or distribute a product that comes in a container that has intentionally added PFAS.

Affected Products

Cleaning products
Cookware
Cosmetic products
Dental floss
Juvenile products
Menstruation products
Textile articles
Ski wax
Upholstered furniture
Cooling, heating, ventilation, air conditioning or refrigeration equipment
Refrigerants, foams or aerosol propellants

Key Definitions

“Intentionally added PFAS” means PFAS added to a product or one of its product components to provide a specific characteristic, appearance or quality or to perform a specific function. It also includes any degradation byproducts of PFAS.
“Juvenile product” means a product designed or marketed for use by infants and children under 12 years of age including, but not limited to: a baby or toddler foam pillow; bassinet; bedside sleeper; or booster seat.
“Currently unavoidable use” means a use of PFAS that the department has determined by rule under this section to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available.

Enforcement/Compliance

The Maine Department of Environmental Protection may require a manufacturer to provide the department with a certificate that the product does not contain intentionally added PFAS. Or, the department may require manufacturers to notify product sellers that sales are prohibited and to advise the department which sellers were notified. The law does not state the consequences of non-compliance.

MINNESOTA

M.S.A. § 116.943: Products Containing PFAS (Amara's Law)

The law’s total ban on PFAS in certain products took effect January 1, 2025. However, the law requires manufacturers of all products that contain intentionally added PFAS to submit certain information to the commissioner of the Minnesota Pollution Control Agency on or before January 1, 2026. Required information includes a description of the product, the purpose for which PFAS are used, the amount of each PFAS, the contact information of the manufacturer, and any additional information requested by the commissioner. Manufacturers that fail to provide the required information may be barred from selling the product in the state.

Affected Products

All products sold, offered for sale, or distributed in Minnesota that contain intentionally added PFAS.

Key Definitions

“PFAS” is defined as “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”
“Intentionally Added” means “PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product’s components to perform a specific function.”
“Product” is defined as “an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including but not limited to its product components, sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.”

Enforcement/Compliance

The law is enforced by the commissioner of the Pollution Control Agency, who is empowered to enforce the law via M.S.A. § 115.071, which provides for civil and criminal penalties for violation of regulations, and via M.S.A. § 116.072, which provides for administrative penalties.

If the commissioner suspects PFAS is in a product, the commissioner may compel the testing of the product and the results to be sent. If PFAS is found, the commissioner can prohibit its sale upon notice from the commissioner.

The commissioner may waive the requirements if the required information is already publicly available. The commissioner is also provided with freedom to work with other states to use information sharing systems. Deadlines for reporting may be extended if the commissioner determines more time is needed by the manufacturer.

Ambiguity

While the statute permits the commissioner to prohibit the sale of PFAS-containing products if the required information is not provided, the statute is silent as to how the manufacturer or seller may regain the ability to sell a product once reporting is complete.

Relevant Litigation

Cookware manufacturers have sought to enjoin enforcement of the law’s ban on intentionally added PFAS in cookware—an outright ban that carries penalties and criminal charges for non-compliance. Cookware Sustainability Alliance v. Kessler, No. 0:25-cv-00041, 2025 WL 607324 (D. Minn. Feb. 25, 2025). The manufacturers argued the law violates the Dormant Commerce Clause and sought a preliminary injunction. Id. at 2. To receive the injunction, the manufacturers needed to show that they were likely to succeed on the merits, they would suffer irreparable harm without the injunction, and their harm outweighs the public interest in the law being enforced. Id. at 3-6. The court denied the request, holding that the suit was not likely to succeed on the merits as the law does not discriminate against out-of-state interests and does not place an undue burden on interstate commerce. Id. at 5.

NEW YORK

NY Environmental Conservation Law § 27-3313

Effective December 31, 2026, this law prohibits the sale of carpet in New York containing or treated with PFAS substances for any purpose.

Affected Products

Carpet

Key Definitions

“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS substances” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
“Carpet” means a manufactured article that is (a) used by a consumer, (b) affixed or placed on the floor or building walking surface as a decorative or functional building interior or exterior feature, and (c) primarily constructed of a top surface of synthetic or natural face fibers or yarns or tufts attached to a backing system made of synthetic or natural materials. “Carpet” includes, but is not limited to, a commercial or residential broadloom carpet, modular carpet tiles, artificial turf, a pad or underlayment used in conjunction with a carpet. “Carpet” does not include handmade rugs, area rugs or mats.

Enforcement/Compliance

The Department of Environmental Conservation may levy civil penalties for violations not to exceed $500 for each violation and an additional penalty of not more than $500 for each day during which such violation continues.

VERMONT

Chapter 33A: Chemicals of Concern in Food Packaging

Prohibits the manufacturing, sale and distribution of food packaging manufactured which has intentionally added PFAS.

Affected Products

Food packaging, wrappings, and interior components of food packages

Key Definitions

“Intentionally added” means “the addition of a chemical in a product that serves an intended function in the product component.”
“Food package” or “food packaging” is “a package or packaging component that is intended for direct food contact.”
“Package” is “a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container.” “Package” also means “unsealed receptacles, such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.”
“Packaging component” means “an individual assembled part of a package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels, and disposable gloves used in commercial or institutional food service.”

Enforcement/Compliance

The attorney general may request a certificate of compliance that must be provided within 30 days of the request. In that time, the manufacturer must also notify sellers of the product in Vermont that the sale is prohibited and submit the sellers’ contact information to the attorney general.

The statute is enforced by the attorney general or a state’s attorney. Either may request and the court is authorized to render any other temporary or permanent relief. These consequences may include: “a civil penalty of not more than $10,000 for each unfair or deceptive act or practice in commerce and of not more than $100,000 for an individual or $1,000,000 for any other person for each unfair method of competition in commerce”; “an order for restitution of cash or goods on behalf of a consumer or a class of consumers similarly situated”; or “an order requiring reimbursement to the State of Vermont for the reasonable value of its services and its expenses in investigating and prosecuting the action.”

Ambiguity

There is ambiguity around reporting. It is not clear what may prompt the attorney general to request a certificate of compliance.

Chapter 33B: PFAS in Rugs, Carpets, and Aftermarket Stain and Water Resistant Treatments

Prohibits the manufacturing, sale and distribution of residential rug or carpet that has intentionally added PFAS.

Affected Products

Residential rug or carpet

Key Definitions

“Rug or carpet” means “a thick fabric used to cover floors.”
“Aftermarket stain and water resistant treatments” are “treatments for textile and leather consumer products used in residential settings that have been treated during the manufacturing process for stain, oil, and water resistance but excludes products marketed or sold exclusively for use at industrial facilities during the manufacture of a carpet, rug, clothing, or shoe.” “Intentionally added” means “the addition of a chemical in a product that serves an intended function in the product component.”

Enforcement/Compliance

Except for the sale or resale of used rugs and carpets, the manufacture and sale of rug or carpet to which PFAS has been intentionally added is banned. The attorney general may request a certificate of compliance from “a manufacturer of rugs, carpets, or aftermarket stain and water resistant treatments,” which must be provided within 30 days. In that time, the manufacturer must also notify sellers of the product in Vermont that the sale is prohibited and submit the sellers’ contact information to the attorney general.

Enforcement/Consequences

The statute is enforced by the attorney general or a state’s attorney. Either may request and the court is authorized to render any other temporary or permanent relief. These consequences may include: “a civil penalty of not more than $10,000 for each unfair or deceptive act or practice in commerce and of not more than $100,000 for an individual or $1,000,000 for any other person for each unfair method of competition in commerce”; “an order for restitution of cash or goods on behalf of a consumer or a class of consumers similarly situated”; or “an order requiring reimbursement to the State of Vermont for the reasonable value of its services and its expenses in investigating and prosecuting the action.”

Ambiguity

There is ambiguity around reporting. It is not clear what may prompt the attorney general to request a certificate of compliance.

Chapter 33C: PFAS in Ski Wax

Prohibits the manufacturing, sale and distribution of ski wax or related tuning products that have intentionally added PFAS, which the statute specifies as “perfluoroalkyl and polyfluoroalkyl substances.”

Affected Products

Ski wax

Key Definitions

“Intentionally added” means “the addition of a chemical in a product that serves an intended function in the product component.”
“Ski wax” is “a lubricant applied to the bottom of snow runners, including skis and snowboards, to improve their grip and glide properties.”

Enforcement/Compliance

To comply with this statute, a manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use ski wax or related tuning products to which PFAS have been intentionally added. The sale or resale of used products is exempted.

The attorney general may request a certificate of compliance from a manufacturer of ski wax, which must be provided within 30 days. In that time, the manufacturer must also notify sellers of the product in Vermont that the sale is prohibited and submit the sellers’ contact information to the attorney general.

The statute is enforced by the attorney general or a state’s attorney. Either may request and the court is authorized to render any other temporary or permanent relief. These consequences may include: “a civil penalty of not more than $10,000 for each unfair or deceptive act or practice in commerce and of not more than $100,000 for an individual or $1,000,000 for any other person for each unfair method of competition in commerce”; “an order for restitution of cash or goods on behalf of a consumer or a class of consumers similarly situated”; or “an order requiring reimbursement to the State of Vermont for the reasonable value of its services and its expenses in investigating and prosecuting the action.”

Ambiguity

There is ambiguity around reporting. It is not clear what may prompt the attorney general to request a certificate of compliance.

Subchapter 12: Chemicals in Cosmetic and Menstrual Products

This law, which takes effect January 1, 2026, prohibits manufacturers from manufacturing, selling or distributing cosmetic and menstrual products that intentionally contain PFAS or other listed chemicals.

Affected Products

Cosmetic and menstrual products

Key Definitions

“Intentionally added” means “the addition of a chemical in a product that serves an intended function in the product component.”
“Cosmetic product” means “articles or a component of articles intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise applied to the human body or any part thereof for cleansing, promoting attractiveness, or improving or altering appearance, including those intended for use by professionals.” The definition of cosmetic product excludes “soap, dietary supplements, or food and drugs approved by the U.S. Food and Drug Administration.”
“Menstrual product” is “a product used to collect menstruation and vaginal discharge, including tampons, pads, sponges, menstruation underwear, disks, applicators, and menstrual cups, whether disposable or reusable.”

Enforcement/Compliance

To comply with this statute, a manufacturer shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in Vermont any cosmetic or menstrual product to which the listed chemicals or chemical classes (including PFAS) have been intentionally added in any amount.

The statute is enforced by the attorney general. The attorney general “shall adopt rules, when necessary and proper to carry out the purposes of this chapter.” The rules shall not be inconsistent with the rules, regulations, and decisions of the Federal Trade Commission (FTC) and the federal courts interpreting the FTC Act. Specific consequences are not included.

Subchapter 012A: PFAS in Consumer Products

Effective January 1, 2026, no manufacturer, supplier or distributor shall manufacture, sell, offer for sale, distribute for sale, or distribute for use certain consumer products to which PFAS have been intentionally added. The sale or resale of used products is exempted. PFAS is specified within the bill as “perfluoroalkyl and polyfluoroalkyl substances” to mean “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”

Affected Products

Stain and water-resistant treatments
Artificial turf
Cleaning products
Cookware
Dental floss
Incontinency protection products
Juvenile products
Residential rugs and carpets
Ski wax
Textiles or textile articles
Any of these products that do not contain intentionally added PFAS but that are sold, offered for sale, distributed for sale, or distributed for use in the state in a fluorine-treated container

Key Definitions

“Intentionally added PFAS” means “PFAS added to a product regulated under this subchapter or one of its product components to provide a specific characteristic, appearance, or quality or to perform a specific function. It also includes “any degradation byproducts of PFAS or PFAS that are intentional breakdown products of an added chemical.” The use of PFAS “as a processing agent, mold release agent, or intermediate is considered intentional introduction where PFAS are detected in the final covered product.”
“Aftermarket stain and water resistant treatments” means “treatments for textile and leather consumer products used in residential settings that have been treated during the manufacturing process for stain, oil, and water resistance, but excludes products marketed or sold exclusively for use at industrial facilities during the manufacture of a carpet, rug, clothing, or shoe.”
“Artificial turf” means “a surface of synthetic fibers that is used in place of natural grass in recreational, residential, or commercial applications.”
“Cleaning product” means “a compound intended for routine cleaning, including general purpose cleaners, bathroom cleaners, glass cleaners, carpet cleaners, floor care products, and hand soaps.” It does not include antimicrobial pesticides.
“Cookware” means “durable houseware items used to prepare, dispense, or store food, foodstuffs, or beverages and that are intended for direct food contact, including pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.”
“Dental floss” means “a string-like device made of cotton or other fibers intended to remove plaque and food particles from between the teeth to reduce tooth decay. The fibers of the device may be coated with wax for easier use.”
“Incontinency protection product” means “a disposable, absorbent hygiene product designed to absorb bodily waste for use by individuals 12 years of age and older.”
“Juvenile product” means a “product designed or marketed for use by infants and children under 12 years of age.”
“Rug or carpet” means “a fabric marketed or intended for use as a floor covering.”
“Ski wax” means “a lubricant applied to the bottom of snow runners, including skis and snowboards, to improve their grip and glide properties.”
“Textile” means “any item made in whole or part from a natural, manmade, or synthetic fiber, yarn, or fabric, and includes leather, cotton, silk, jute, hemp, wool, viscose, nylon, or polyester.” “Textile” does not include “single-use paper hygiene products, including toilet paper, paper towels, tissues, or single-use absorbent hygiene products.”
“Textile articles” means “textile goods of a type customarily and ordinarily used in households and businesses, and includes apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins, and table cloths.”
“Fluorine treated container” means a fluorinated treated plastic container.

Compliance

To follow this statute, a manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use of any of the above consumer products to which PFAS have been intentionally added. The sale or resale of used products is exempted.

The attorney general may request a certificate of compliance from a manufacturer of any of the above consumer products, which must be provided within 60 days. In that time, the manufacturer must also notify sellers of the product in Vermont that the sale is prohibited and submit the sellers’ contact information to the Attorney General.

Enforcement/Consequences

The statute is enforced by the attorney general. The attorney general “shall adopt rules, when necessary and proper to carry out the purposes of this chapter.” The rules shall not be inconsistent with the rules, regulations, and decisions of the FTC and the federal courts interpreting the FTC Act. Specific consequences are not included.

Ambiguity

Several of the products under this statute will be regulated under other statues (e.g., ski wax, rugs and carpets) that put in place the same prohibitions. It is unclear whether the statutes are migrating from one title to another–hence the repeal and new effective date–or if the new statutes will be different from the previously existing ones. They are enforced under separate statutes.

WASHINGTON

HB 1047: Relating to the Use of Toxic Chemicals in Cosmetic Products

Prohibits intentionally added perfluoroalkyl and polyfluoroalkyl substances in cosmetic and personal care products. Effective January 1, 2025, but in-state retailers in possession of cosmetic products may exhaust existing stock through sales to the public until January 1, 2026.

Affected Products

Cosmetics and personal care items

Key Definition

“Cosmetic” means (1) articles 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, and (2) articles intended for use as a component of any such article; except that such term shall not include soap.

Enforcement/Compliance

The Washington Department of Ecology has authority to enforce and impose restrictions on PFAS in cosmetic products. The first offense will result in a civil penalty not exceeding $5,000. Subsequent violations shall not exceed $10,000 for each repeat offense.

Ambiguity

The law does not define “personal care products” or “intentionally added,” nor does it list implicated products or detail compliance procedures.

Safer Products Restrictions and Reporting

The section of this law going into effect on January 1, 2026, aims to restrict “Priority Chemicals,” including PFAS substances, in indoor leather and textile furniture in Washington State. The law prohibits the manufacture, sale or distribution of leather and textile furniture and furnishing intended for indoor use that contain intentionally added PFAS. The law exempts leather and textiles sold separately and not part of furniture and furnishings, products manufactured before January 1, 2026, or repair parts that were made to refurbish a product manufactured before January 1, 2026.

Affected Products

Leather and textile furniture and furnishing intended for indoor use

Key Definitions

“Priority Chemicals” means a chemical or chemical class identified by the state Department of Ecology as a priority chemical under chapter 70A.350 RCW, or a chemical or chemical class identified in chapter 70A.350 RCW, or both. This definition includes perfluoroalkyl and polyfluoroalkyl substances, or PFAS.
“PFAS” is a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
“Priority Consumer Products” means any item, part or packaging sold for residential or commercial use identified by the Department of Ecology to be a significant source or use of a priority chemical.
“Intended for indoor use” means a product that was not designed for use in an outdoor setting and to maintain functionality after exposure to ultra-violet light, exposure to water, or immersion.
“Intentionally added” means a chemical that serves an intended function in the final product or in the manufacturing of the product or part of the product. Chemicals present from the use of recycled materials are not considered intentionally added.

Enforcement/Compliance

The Department of Ecology presumes the detection of total fluorine indicates the intentional addition of PFAS. Manufacturers may rebut this presumption by submitting a statement that PFAS were not intentionally added. If rebutting such a presumption, the manufacturer must also provide credible evidence supporting that statement and include information, data or sources relevant to demonstrate that PFAS were not intentionally added.

Civil penalty will not exceed $5,000 for each violation in the case of first offense. Subsequent violations will not exceed $10,000 for each repeat offense. Appeals may be made to the Pollution Control Hearing Board.

Contacts