U.S. – DTSC Adopts Carpets and Rugs with PFASs as Priority Products

Vol. 1256 | 08 Jul 2021

On July 1, 2021, the Department of Toxic Substances Control (DTSC) adopted carpets and rugs containing per- or polyfluoroalkyl substances (PFASs) as a Priority Product, based on their finalized regulations.

Domestic and foreign carpet and rug manufacturers whose products contain any member of the class of PFASs in their carpets or rugs must submit following documents:

1. A Priority Product Notification (PPN) for those products by August 30, 2021. The PPN must name all the products that contain PFASs and are sold in California.
2. Manufacturers will have the option to submit one of the following by December 28, 2021:  
   • a Chemical Removal Intent/Confirmation Notification
   • a Product Removal Intent/Confirmation Notification
   • a Product-Chemical Replacement Intent/Confirmation Notification
   • a Preliminary Alternatives Analysis Report or one of the Alternatives Analysis reporting options

Carpets and rugs refer to any consumer product made from natural or synthetic fabric intended to be used as a floor covering inside commercial or residential buildings. This includes carpeted door mats. Carpets and rugs solely for outdoor use, products for use in vehicles, resilient floor coverings, artificial turf, wall hangings/coverings, table mats, and camping sleeping mats are excluded.

Manufacturers of carpets and rugs that do not contain PFASs do not need to take any action.

DTSC adopted these regulations due to concerns that carpets and rugs treated with PFASs for stain- or soil-resistance are potential long-term sources for exposures to this class of chemicals. On February 28, 2020, DTSC proposed to adopt regulations listing Carpets and Rugs Containing Perfluoroalkyl or Polyfluoroalkyl Substances as a Priority Product. On May 15, 2020, DTSC held a public hearing to gather comments on the proposal.

Detailed information can be found at: https://dtsc.ca.gov/scp/carpets-and-rugs-with-perfluoroalkyl-and-polyfluoroalkyl-substances-pfass/

Final Regulation: https://dtsc.ca.gov/wp-content/uploads/sites/31/2021/06/v_PFAS-CR_-Final-Regulatory-Text_revised-per-OAL.pdf

For questions, please contact Dr. Stella Li (xingyu.li@intertek.com, +1- 503-351-9612), Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).