SENATE DOCKET, NO. 1853        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1387

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joanne M. Comerford

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act restricting toxic PFAS chemicals in consumer products to protect our health.

_______________

PETITION OF:

SENATE DOCKET, NO. 1853        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1387

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act restricting toxic PFAS chemicals in consumer products to protect our health.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 5S the following section:-

Section 5T. (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:-

“Child passenger restraint”, a child passenger restraint under section 7AA of chapter 90.

“Cookware”, pots and pans used for cooking.

“Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart characteristics, including, but not limited to, stain resistance or water resistance.

“Intentionally added”, the addition of a chemical to a final product or product component for the purpose of providing a specific characteristic, appearance or quality or to perform a specific function in the product or product component.

“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS substances”, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

“Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance; provided, personal care products shall include products such as skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and deodorants, as well as any material intended for use as a component of a cosmetic product; and provided further that personal care products shall also include disposable menstrual products such as sanitary napkins, tampons, and underwear liners.

“Rugs and carpets”, fabric used to or marketed to cover floors.

'Upholstered furniture'', upholstered furniture as defined in section 270 of chapter 94.

(b) No person shall offer for sale, sell, or distribute in the commonwealth any of the following products to which PFAS substances have been intentionally added or, if not intentionally added, in which PFAS substances are present and measurable by testing for total fluorine at a level greater than 1 part per million:

(1) child passenger restraints;

(2) cookware;

(3) fabric treatments;

(4) personal care products;

(5) rugs and carpets; and

(6) upholstered furniture.

(c) The prohibitions of subsection (b) shall not apply to the sale or resale of used products, and shall not apply to a retailer unless the retailer sells the product knowing that the product contains PFAS substances.

(d) The manufacturer of any product listed in subsection (b) that knows or has reason to know will be offered for sale, sold or distributed in the commonwealth shall, prior to the effective date, determine by testing for total fluorine whether PFAS substances are present in the product at a level greater than 1 part per million.  Upon written request by the department, attorney general or an agency of the commonwealth, the manufacturer of such a product sold or distributed in the commonwealth shall, within 30 days of the request, certify that it has tested the product for total fluorine and determined that PFAS substances are not present in the product at a level greater than 1 part per million.

(e) The attorney general shall have the authority to enforce the provisions of this section under section 4 of chapter 93A.

SECTION 2. Section 5T of chapter 111 of the General Laws shall take effect on January 1, 2023.