Section 1. Short Title.  

This act may be cited as the “PFAS Model Policy Act.” 

Section 2. Definitions.   

As used in the PFAS Model Policy Act: 

• (A) “carpet or rug” means a fabric marketed or intended for use as a floor covering; 
• (B) “chemical” means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism; 
• (C) “cleaning product” means a finished product used for general cleaning purposes, including: 
  1. a polish or floor maintenance product; 
  2. an air care product labeled for the intended use of enhancing or conditioning the indoor environment by eliminating unpleasant odors or freshening the air; and 
  3. an automotive maintenance product labeled for the intended use of maintaining the appearance of a motor vehicle, but does not include automotive paint or paint repair products; 
• (D) “consumer product” means a tangible personal property that is distributed in commerce and normally used for personal, family or household use, including product categories that are normally used in households but designed for or sold to businesses, such as commercial carpet or floor waxes; 
• (E) “cookware” means durable houseware items intended for direct food contact and used to prepare, dispense or store food, foodstuffs or beverages; 
• (F) “cosmetic” means a product or product component, other than soap, intended to be applied to the human body for cleansing, beautifying or promoting attractiveness; 
• (G) “currently unavoidable use” means a use of a per- or poly-fluoroalkyl substance that the department has determined by rule to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available; 
• (H)“department” means the department of environment; 
• (I) “fabric treatment” means a substance applied to fabric for stain, grease or water resistance or flame retardance; 
• (J) “feminine hygiene product” means a disposable or reusable product to collect menstruation and vaginal discharge, including tampons, pads, sponges, menstruation underwear, discs, applicators and menstruation cups; 
• (K) “firefighting foam” means an aqueous film-forming foam containing an intentionally added per- or poly-fluoroalkyl substance; 
• (L) “food packaging” means a container, unit package, intermediate package or shipping container applied to or providing a means to market, protect, handle, deliver, serve, contain or store a food or beverage, including an individual assembled part of a food package; 
• (M) “intentionally added” means a per- or polyfluoroalkyl substance deliberately added or used during the manufacture of a product where the continued presence of the per- or poly-fluoroalkyl substance is desired in the final product or one of the product’s components to perform a specific function; 
• (N) “internal components” means internal parts of a product, whether permanently affixed or removable, that are designed and intended to not be touched by a person during intended use or handling. Internal components include parts of a product used for holding batteries regardless of whether the parts are touched when replacing batteries. 
• (O) “juvenile product” means a product designed or marketed for use by children under twelve years old, including children’s car seats, clothing and toys, but does not include an electronic product, including: 
  1. personal computers and any associated equipment;  
  2. audio and video equipment;  
  3. calculators;  
  4. wireless phones;  
  5. gaming consoles;  
  6. handheld devices incorporating a video screen; and  
  7. any associated peripheral device, such as a mouse, keyboard, power supply unit or power cord;  
• (P)“manufacturer” means: 
  1. a person, a firm, an association, a partnership, a corporation, an organization or a combination or a joint venture that creates, produces or assembles a product or whose brand name is affixed to a product; or 
  2. in the case of a product imported into the United States, an importer or first domestic distributor of the product; provided that the entity or person that created, produced or assembled the product or whose brand name is affixed to the product does 1 not have an office or employees in the United States; 
• (Q) “medical device” means an instrument, an apparatus, an implement, a machine, 3 an implant, an in vitro reagent or other similar or related device, including any component 4 or accessory, that is a product regulated as a drug or medical device by the United States 5 Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 6 321 et seq.: 
  1. recognized in an official compendium;  
  2. intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in a human or an animal; or  
  3. intended to affect the structure or function of the body of a human or an animal and that does not achieve its principal intended purposes through chemical action within or on the body of a human or an animal and that is not dependent on being metabolized for achievement of its principal intended purpose; 
• (R) “official compendium” means a comprehensive, authoritative listing of recognized medical devices, including listings published by a federal regulatory body, which detail specifications standards, and accepted uses of medical devices; 
• (S) “per- or poly-fluoroalkyl substance” means a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom; 
• (T) “Proprietary information” means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submitter and would make available information that would not otherwise be publicly available. 
• (U) “product” means an item created, produced, assembled, packaged or otherwise prepared for sale to a consumer, including a product component sold or distributed for personal, residential, commercial or industrial use or for use in making a product; 
• (V) “ski wax” means a lubricant applied to the bottom of a snow runner, including a ski or snowboard, to improve grip or glide properties and includes associated tuning products;
• (W)  “textile” means an item made in whole or in part from a natural or synthetic fiber, yarn or fabric, including leather, cotton, silk, jute, hemp, wool, viscose, nylon or polyester; 
• (X) “textile furnishings” means a textile product made in whole or part from a natural or synthetic fiber, yarn or fabric that is used as furniture or a decorative accessory; and 
• (Y) “upholstered furniture” means furniture that is wholly or partially stuffed with a filling material. 

Section 3. Exemptions and Phase Out of Products Containing Per- Or Polyfluoroalkyl Substances.    

• (A) Subsections B through G of this section do not apply to:  
  1. a product for which federal law governs the presence of a per- or poly-fluoroalkyl substance in the product in a manner that preempts state authority;  
  2. used products offered for sale or resale;  
  3. medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States Food and Drug Administration, including prosthetic and orthotic devices;  
  4. cooling, heating, ventilation, air conditioning or refrigeration equipment that contains intentionally added per- or poly-fluoroalkyl substances or refrigerants listed as acceptable, acceptable subject to use conditions or acceptable to narrowed use limits by the United States Environmental Protection Agency pursuant to the Significant New Alternatives Policy Program, 40 Code of Federal Regulations, Part 82, Subpart G and sold, 16 offered for sale or distributed for sale for the use for which the refrigerant is listed pursuant to that program;  
  5. a veterinary product and its packaging intended for use in or on animals, including diagnostic equipment or test kits and the veterinary product’s components and any product that is a veterinary medical device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical setting or in veterinary medical applications that are 22 regulated by or under the jurisdiction of: 
     • (a) the United States Food and Drug Administration;  
     • (b) the United States Department of Agriculture pursuant to the federal Virus-Serum-Toxin Act; or  
     • (c) the United States Environmental Protection Agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act; 
  6. a product developed or manufactured for the purpose of public health or environmental or water quality testing;  
  7. a motor vehicle or motor vehicle equipment regulated under a federal motor vehicle safety standard, as defined in United States Code, Section 30102(a)(10);  
  8. any other motor vehicle, including an off-highway vehicle or a specialty motor vehicle, such as an all-terrain vehicle, a side-by-side vehicle, farm equipment or a personal assistive mobility device;  
  9. a watercraft, an aircraft, a lighter than-air aircraft or a seaplane;  
  10. a semiconductor, including semiconductors incorporated in electronic equipment, and materials used in the manufacture of semiconductors;  
  11. non-consumer electronics and non-consumer laboratory equipment not ordinarily used for personal, family or household purposes and products that contain intentionally added PFAS only in electronic components or internal components;  
  12. a product that contains intentionally added per- or poly-fluoroalkyl substances with uses that are currently listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits in the United States Environmental Protection Agency’s rules under the Significant New Alternatives Policy program; provided that the product contains per- or poly-fluoroalkyl substances that are being used as substitutes for ozone-depleting substances under the conditions specified in the rules;  
  13. a product used for the generation, distribution or storage of electricity;  
  14. a product that contains fluoropolymers consisting of polymeric substances for which the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone and that are solid at standard temperature and pressure;  
  15. a pesticide that is regulated by or under the jurisdiction of the Federal 21 Insecticide Fungicide Rodenticide Act, 7 U.S.C. §§ 136 et seq.;  
  16. a product for which the department has adopted a rule providing that the use of 23 the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use; or  
  17. equipment, parts, components or materials directly used in the manufacture, 25 development, servicing or maintenance of the products described in Paragraphs (1) 26 through (16) of this subsection. 
• (B) Except as provided in Subsection A of this section, beginning January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: 
  1. cookware, except as exempted under section 3(A)(14);  
  2. food packaging;  
  3. dental floss;  
  4. juvenile products;  
  5. firefighting foam;  
  6. carpets or rugs; 
  7. cleaning products;  
  8. cosmetics;  
  9. fabric treatments;  
  10. feminine hygiene products;  
  11. textiles;  
  12. textile furnishings;  
  13. ski wax; and  
  14. upholstered furniture. 
• (C) By January 1, 2029, the department shall report to the legislature on any consumer products, other than those enumerated under Subsections A and B, of this section, that the department recommends for legislation to prohibit sale, offer for sale, distribution or distribution for sale in the state. 
• (D) By January 1, 2032, the department shall report to the legislature on any products or product categories, other than those enumerated under Subsections A, B, and C of this section, that the department recommends for legislation to prohibit sale, offer for sale, distribution or distribution for sale in the state. 
• (E) The department may adopt rules to designate that the use of a per or poly-fluoroalkyl substance in a certain product or product category is a currently unavoidable use. 
• (F) The department shall consult with the state department of agriculture before making a recommendation or adopting a rule pursuant to Subsection D or E of this section with respect to a, fertilizer, agricultural liming material or plant or soil amendment that contains an intentionally added per- or poly-fluoroalkyl substance. 

Section 4. Rules.  

• (A) The Department Shall Adopt Rules To:
  1. exempt from the reporting requirements established pursuant to Section 5 of the PFAS Model Policy Act any product that contains an intentionally added per- or poly-fluoroalkyl substance that is exempt pursuant to Subsection A of Section 3 of that act or that has been designated as a currently unavoidable use;  
  2. create a series of ranges for the amount of a per- or poly-fluoroalkyl substance in a product that contains an intentionally added per- or poly-fluoroalkyl substance for 6 reporting purposes unless exempted in Subsection A of Section 3 of the PFAS Model Policy Act;  
  3. identify currently unavoidable uses of a per- or poly-fluoroalkyl substance that are essential for health, safety or the functioning of society and for which alternatives are not reasonably available unless exempted in Subsection A of Section 3 of the PFAS Model Policy Act; and  
  4. as pertaining to firefighting foam: 
     • (a) require a periodic inventory of firefighting foam quantities stored or used in the state;  
     • (b) require the use of firefighting foam for emergency purposes only; and  
       • i. For purposes of this subsection, “emergency purposes” does not include training or the use of firefighting foam in fire suppression systems.
     • (c) require the cleanup of discarded firefighting foam pursuant to the state’s Hazardous Waste Act.

• (B) The department may determine that a product containing intentionally added per- or poly-fluoroalkyl substances are a currently unavoidable use based on determinations made by other states.   

Section 5. Information     

• (A) The department shall adopt rules that enumerate the information required of a manufacturer. The information required shall include to the extent known to or reasonably ascertainable by the submitter: 
  1. a brief description of the product, including a universal product code, stock keeping unit or other numeric code assigned to the product;  
  2. the purpose for which a per- or polyfluoroalkyl substance is used in the product;  
  3. the amount of each per- or polyfluoroalkyl substance in the product, identified by its chemical abstracts service registry number or other identifier (e.g., EPA Accession Number) and reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the department;  
  4. the name and address of the manufacturer and the name, address and phone number of a contact person for the manufacturer; and  
  5. any additional information requested by the department as necessary; provided that the department shall not require disclosure of records, reports or information or particular parts of records, reports or information that would divulge confidential business records or methods or processes entitled to protection as trade secret; and provided further that the manufacturer shall, by a preponderance of evidence, demonstrate that the information requested would divulge confidential business records or methods or processes entitled to protection as trade secrets. Any Proprietary Information submitted by a manufacturer pursuant to the requirements of this section that is identified by the manufacturer as Proprietary Information is confidential and must be handled by the department in the same manner as confidential information is handled under the state Freedom of Information law. 
• (B) On or before January 1, 2028, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substance shall submit to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. 
• (C) On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product if testing requested by the department demonstrates that the product contains an intentionally added per- or poly-fluoroalkyl substance and the manufacturer has failed to provide the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. 
• (D) On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product that contains an intentionally added per- or poly-fluoroalkyl substance unless the manufacturer has submitted to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. A product reported pursuant to this subsection containing an intentionally added per- or poly-fluoroalkyl substance may be prohibited from sale pursuant to the PFAS Model Policy Act and to rules adopted pursuant to that act. 
• (E) A manufacturer shall submit a revision of the information provided on a product within thirty days of a significant change to the information the manufacturer previously submitted or upon the request of the department. 
• (F) Upon written approval from the department, a manufacturer may provide the information required by this section to the department for a category or type of product or product component.  
• (G) The department may waive the obligation of a manufacturer to submit all or part of the information required by this section if the department determines that substantially equivalent information is publicly available. The department may grant a waiver to a manufacturer or a group of manufacturers for multiple products or a product category.  
• (H) The department may enter into an agreement with one or more states or political subdivisions of a state to collect information and may accept information to a shared system as meeting the information requirements of this section.  
• (I) The department may extend the deadline for a manufacturer to submit the information required by this section upon a determination by the department that the circumstances merit an extension of time.  
• (J) Within sixty days of receiving information from a manufacturer, the department shall notify the manufacturer that adequate information has been received or that additional information is required. A manufacturer shall submit to the department any additional information requested by the department within thirty days of the request.  
• (K)The requirements of this section do not apply to products that are exempt pursuant to Subsection A of Section 3 of the PFAS Model Policy Act. 

Section 6. Testing     

• (A) If the department has reason to believe that a product containing an intentionally added per- or polyfluoroalkyl substance is being sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, the department may direct the manufacturer of the product to, within thirty days, provide the department with testing results that demonstrate the amount of each per- or poly-fluoroalkyl substance in the product, identified by its chemical abstracts service registry number reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the department. 
• (B) If testing demonstrates that the product does not contain an intentionally added per- or poly-fluoroalkyl substance, the manufacturer shall provide the department with a certificate of compliance attesting that the product does not contain an intentionally added per- or poly-fluoroalkyl substance, the testing results and any other relevant information.  
• (C) If testing demonstrates that the product contains an intentionally added per- or poly-fluoroalkyl substance, the manufacturer shall: 
  1. provide to the department, within thirty days, the information required for a product pursuant to the PFAS Model Policy Act or rules adopted pursuant to that act; and  
  2. notify a person that sells, offers for sale, distributes or distributes the product for sale in this state that the product is prohibited in this state and provide the department with a list of the names and addresses of the people notified. 
• (D) The department may notify a person that sells, offers for sale, distributes or distributes for sale in this state a product prohibited by the PFAS Model Policy Act or rules adopted pursuant to that act that the product is prohibited in this state. 
• (E) The provisions of this section do not apply to a medical device or drug or the packaging of a medical device or drug that is regulated by the United States Food and Drug Administration or to any other product exempted in Subsection A of Section 3 of the PFAS Model Policy Act.