Rhode Island's Consumer PFAS Ban Act of 2024 (RI H7356)

The primary goal of RI H7356 is to protect public health and the environment by eliminating the intentional addition of PFAS in consumer products sold or manufactured in Rhode Island. The bill also seeks to encourage manufacturers to find safer alternatives to PFAS.

Key Provisions of the RI H7356

The Act provides clear definitions for various terms, ensuring that all stakeholders have a common understanding. Some key definitions include:

• Adult Mattress: A mattress other than a crib or toddler mattress.
• Apparel: Clothing items for regular or formal wear, excluding personal protective equipment or military clothing.
• Artificial Turf: Man-made material simulating the appearance of live turf.
• Carpet/Rug: Fabric products intended for floor covering inside buildings, excluding certain specific uses like outdoor carpets or vehicle mats.
• Cookware: Durable items used to prepare, dispense, or store food, such as pots, pans, and cooking utensils.
• Cosmetic: Products applied to the human body for cleansing or beautifying purposes, excluding soap.
• Covered Product: Includes artificial turf, carpets, cookware, cosmetics, fabric treatments, juvenile products, menstrual products, ski wax, and textile articles.
• Intentionally Added PFAS: PFAS added to a product for a specific characteristic or function, including breakdown products of an added chemical.

Prohibitions and Restrictions of PFAS in Rhode Island

General Ban

Starting January 1, 2027, the manufacture, sale, or distribution of covered products containing intentionally added PFAS is prohibited in Rhode Island. This broad prohibition is aimed at eliminating the use of PFAS in everyday consumer items to reduce environmental and health risks.

Specific Products

By January 1, 2029, additional restrictions will apply to specific products:

• Artificial Turf: Banned if it contains intentionally added PFAS.
• Outdoor Apparel for Severe Wet Conditions: Banned unless labeled with "Made with PFAS chemicals."

Enforcement and Compliance

The Act outlines robust enforcement mechanisms to ensure compliance:

1. Manufacturer Responsibilities:

   • Certification: Manufacturers must certify that their products do not contain intentionally added PFAS.
   • Notification: Manufacturers must notify retailers about the prohibition of non-compliant products.

2. Penalties:

   • First-time violators are subject to civil penalties of up to $1,000.
   • Repeat offenders face penalties up to $5,000 per violation.

3. Director’s Authority:

   • The Director of the Department of Environmental Management can require manufacturers to provide certificates of compliance or notify sellers of the prohibition.

Firefighting Foam ban in Rhode Island

A significant part of the Act focuses on banning PFAS in firefighting foam:

• Class B Firefighting Foam: The manufacture, sale, or use of Class B firefighting foam containing PFAS is prohibited starting January 1, 2025, except where required by federal law.
• Temporary Exemptions: Terminals can apply for a one-year exemption if no viable alternatives exist and they can contain and manage the PFAS on-site.

Exemptions and Exceptions

The Act allows for specific exemptions, such as:

• Unavoidable Trace Quantities: Cosmetic products with unavoidable trace quantities of PFAS due to impurities or packaging migration are not in violation.
• Used Products: The sale or resale of used products containing PFAS is not restricted.

Implementation and Impact

Rules and Regulations

The Department of Environmental Management is authorized to promulgate rules and regulations to implement the provisions of the Act. This ensures that the legislation is adaptable and can address any unforeseen challenges during its implementation.

Impact on Stakeholders

Manufacturers

Manufacturers will need to reformulate products to eliminate intentionally added PFAS or find safer alternatives. They must also ensure proper certification and compliance with the new regulations.

Retailers

Retailers must stay informed about which products are compliant and ensure they are not selling banned items. They may need to work closely with suppliers to verify product certifications.

Consumers

Consumers can expect to see fewer products containing PFAS on the market, leading to safer and healthier choices. The labeling requirements for certain products will also provide transparency, allowing consumers to make informed decisions.

Conclusion

The Rhode Island Consumer PFAS Ban Act Rhode Island House Bill 7356 of 2024 aims to create a safer, healthier future for all Rhode Islanders.

Manufacturers, retailers, and consumers will need to adapt to the new regulations and move towards safer, PFAS-free products.

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