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New Hampshire prohibits intentional addition of PFAS in certain products


Time:

2024-08-20

The Governor of New Hampshire has signed a bill to ban the sale of consumer goods containing PFAS from 2028, and the exemption list includes old products. Manufacturers need to provide written notification and label with PFAS content. The label must be clear and durable, and the responsibility lies with the manufacturer.

On August 6, 2024, in the state of New Hampshire, USA, after several major revisions to HB1649, the governor signed a ban on intentionally adding PFAS to certain products.

 


▶ Prohibition Requirements

Starting from July 1, 2028, it is prohibited to sell, use, or distribute the following consumer goods with PFAS added for promotional purposes at terminals in New Hampshire:

(1) Carpet

(2) Cosmetics

(3) Fabric treatment agent

(4) Female hygiene products

(5) Fluorinated containers

(6) Food packaging containers

(7) Youth products

(8) Personal care products

(9) Dental floss

(10) Soft cushion furniture

 

▶ Exemption List

The following products are exempt from this regulation:

Products produced before the implementation of this ban.

Products containing PFAS regulated by federal law (federal regulations take precedence over state regulations).

Products containing at least 85% recycled ingredients.

Replacement parts for products produced before the implementation of this ban.

 

▶ Written Notice

By no later than July 1, 2026, product manufacturers shall not sell, use, or distribute products prohibited by this Act for promotional purposes in the state without prior written notice to the relevant authorities as required by this regulation. The notice should at least include:

A brief description of the product to be sold, used, or distributed. The product category and functional category defined by regulations should be provided in the description;

All relevant CAS numbers. If there is no CAS number, the molecular formula and molecular weight of all PFAS intentionally added to the product should be provided;

PFAS content, mass concentration range, or total fluoride content in each type of product;

The purpose of using PFAS in products;

The name and address of the manufacturing enterprise, as well as the name, address, and contact phone number of its contact person.

 

▶ Label Requirements

After five years from the effective date of the regulation, consumer goods containing PFAS may not be provided in the state for final sale, use, or promotional materials unless the product is labeled, all labels must be clearly visible before sale, and approved text or symbols must be used to inform buyers that the product contains PFAS.

The label attached to the product should be made of durable materials to maintain readability throughout the product's lifespan. The responsibility for product and packaging labels should be borne by the manufacturer, not by the wholesaler or retailer, unless the wholesaler or retailer agrees to assume responsibility with the manufacturer.

 

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