Rhode Island Enacts 2024 Consumer Protection Act Banning PFAS in Multiple Products

Vol. 1412 | 16 Jul 2024

On June 26, 2024, Rhode Island Governor McKee approved the Consumer PFAS Ban Act of 2024 (Senate Bill S2152). This legislation imposes a sweeping prohibition on the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in products available for sale or produced within the state. Commencing on Jan 1, 2027, the law specifically targets PFAS in items such as juvenile products, carpets, and rugs, with the primary goal of safeguarding Rhode Islanders from exposure to these hazardous chemicals. The details of the bills are as follows.

Products	Requirement	Effective Date
Artificial turf; Carpets or rugs; Cookware; Cosmetics; Fabric treatments; Juvenile products; Menstrual products; Ski wax; Textile articles	No person shall manufacture, sell, offer for sale or distribute for sale in the state any covered product that contains intentionally added PFAS.	Jan 1, 2027
Outdoor apparel for severe wet conditions	Prohibited unless disclosure that includes following statement is affixed to the outdoor apparel ‘Made with PFAS chemicals.’	Jan 1, 2029

 

Definitions:

"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.

"Outdoor apparel" means clothing items intended primarily for outdoor activities, including, but not limited to, hiking, camping, skiing, climbing, bicycling, and fishing.

"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

"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. "

"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.

"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.

If you have further questions, please contact our technical expert Pankaj Sarda (Pankajkumar.Sarda@intertek.com).