§ 23-18.18-3. Definitions.
As used in this chapter:
(1) “Adult mattress” means a mattress other than a crib mattress or toddler mattress.
(2) “Apparel” means any of the following:
(i) 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 for workwear. Clothing items intended for regular wear or formal occasions does not include personal protective equipment or clothing items for exclusive use by the United States military; and
(ii) Outdoor apparel.
(3) “Artificial turf” means a man-made material that simulates the appearance of live turf, organic turf, grass, sod, or lawn.
(4) “Carpet” or “rug” means a consumer product made from natural or synthetic fabric intended for use as a floor covering inside commercial or residential buildings. “Carpet or rug” does not include:
(i) A carpet or rug intended solely for outdoor use;
(ii) A carpet or rug intended solely for use inside an aircraft, train, watercraft, automobile, light duty truck, van, bus, or any other vehicle and any aftermarket or replacement part marketed solely for use in a vehicle;
(iii) A resilient floor covering;
(iv) Artificial turf;
(v) A wall hanging or covering;
(vi) A table mat; or
(vii) A camping sleeping mat.
(5) “Cookware” means durable cookware items that are used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages. “Cookware” includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.
(6) “Cosmetic” means:
(i) 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
(ii) Articles intended for use as a component of any such article; except that such term shall not include soap.
(7) “Covered product” means the following:
(i) Artificial turf;
(ii) Carpets or rugs;
(iii) Cookware;
(iv) Cosmetics;
(v) Fabric treatments;
(vi) Juvenile products;
(vii) Menstrual products;
(viii) Ski wax;
(ix) Textile articles.
(8) “Department” means the department of environmental management.
(9) “Director” means the director of the department of environmental management.
(10) “Fabric treatment” means a substance applied to fabric to give the fabric one or more characteristics, including, but not limited to, stain resistance or water resistance.
(11) “Ingredient” has the same meaning as defined in 21 C.F.R. Part 700 § 700.3(e) and does not include any incidental ingredient as defined in 21 C.F.R. Part 701 § 701.3.
(12) “Intentionally added PFAS” means PFAS added to a covered product or one of its product 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 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 for the purposes of this chapter where PFAS is detected in the final covered product.
(13) “Juvenile product” means a product designed for use by infants and children under twelve (12) years of age, including, but not limited to: a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and 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, and toddler mattress. “Juvenile product” shall not include any of the following:
(i) A children’s electronic product, including, but not limited to: 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, power cord, film, camera, audio, visual, or imaging equipment or sensors;
(ii) A medical device;
(iii) An adult mattress; or
(iv) Children’s electronic products containing integrated circuits, semiconductor package, or device that contains a semiconductor chip.
(14) “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.
(15) “Medical device” has the same meaning as the term “device” as defined in 21 U.S.C. § 321(h).
(16) “Menstrual product” means a product used to collect menstruation and vaginal discharge, including, but not limited to: tampons, pads, sponges, menstruation underwear, disks, applicators, and menstrual cups, whether disposable or reusable.
(17) “Outdoor apparel” means clothing items intended primarily for outdoor activities, including, but not limited to: hiking, camping, skiing, climbing, bicycling, and fishing.
(18) “Outdoor apparel for severe wet conditions” means 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. Examples of extreme and extended use products include outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering.
(19) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(20) “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.
(21) “Product” means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including its product components, sold or distributed for personal or residential use, including for use in making other products. “Product” does not mean used products offered for sale or resale.
(22) “Product component” means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(23) “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.
(24) “Textile” means any item made in whole or 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” does not include single-use paper hygiene products, including, but not limited to: toilet paper, paper towels or tissues, or single-use absorbent hygiene products.
(25) “Textile articles” means textile goods of a type customarily and ordinarily used in households and businesses, and include, but are not limited to: apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and tablecloths. “Textile articles” does not include:
(i) A carpet or rug;
(ii) A treatment for use on covered textiles or leathers;
(iii) A textile used in or designed for laboratory analysis and testing;
(iv) A stadium shade or other architectural fabric structure; or
(v) Filtration or separation media processing equipment and plumbing, or a filter product used in industrial applications, including but not limited to, chemical or pharmaceutical manufacturing and environmental control technologies.
History of Section.
P.L. 2024, ch. 344, § 1, effective June 26, 2024; P.L. 2024, ch. 345, § 1, effective
June 26, 2024.