§ 23-18.18-4. Prohibition on use of PFAS.
(a) Except as provided otherwise in this section, on and after January 1, 2027, no person shall manufacture, sell, offer for sale, or distribute for sale in the state any covered product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS.
(b) Except as provided otherwise in this section, on and after January 1, 2029, no person shall manufacture, sell, offer for sale, or distribute for sale in the state:
(1) Artificial turf containing intentionally added PFAS; or
(2) Outdoor apparel for severe wet conditions containing intentionally added PFAS, unless it is accompanied by a legible, easily discernable disclosure that includes the following statement: “Made with PFAS chemicals.”
(c) If the department has reason to believe that a covered product contains intentionally added PFAS and the covered product is being offered for sale in the state, the director may direct the manufacturer of the product to, within thirty (30) days:
(1) Provide the director a certificate attesting that the covered product does not contain intentionally added PFAS; or
(2) Notify persons who sell, offer for sale, or distribute for sale a covered product prohibited under subsection (a) of this section, that the sale of that covered product is prohibited in this state and provide the director with a list of the names and addresses of those notified.
(d) The director may notify persons who sell or offer for sale a product prohibited under subsection (a) of this section, that the sale of that product is prohibited in this state.
(e) This section shall not apply to the sale or resale of used products.
(f) Notwithstanding any provision of this section, if a cosmetic product made through manufacturing processes intended to comply with this section contains an unavoidable trace quantity of PFAS that is attributable to impurities of natural or synthetic ingredients, the manufacturing process, storage or migration from packaging, or other such unintentional and unavoidable origin, such unavoidable trace quantity shall not cause the cosmetic product to be in violation of this section.
History of Section.
P.L. 2024, ch. 344, § 1, effective June 26, 2024; P.L. 2024, ch. 345, § 1, effective
June 26, 2024.