ASSEMBLY, No. 4767
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED SEPTEMBER 19, 2024
Sponsored by:
Assemblywoman LISA SWAIN
District 38 (Bergen)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblywoman GARNET R. HALL
District 28 (Essex and Union)
Co-Sponsored by:
Assemblyman Sampson, Assemblywomen McCoy, Flynn and Pintor Marin
SYNOPSIS
Bans regulated perfluoroalkyl and polyfluoroalkyl substances from menstrual products.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on March 6, 2025, with amendments.
An Act banning perfluoroalkyl and polyfluoroalkyl substances from menstrual products and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
“Menstrual product” means a product manufactured for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear. The term shall include both disposable and reusable products.
“Regulated perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).
“Regulated perfluoroalkyl and polyfluoroalkyl substances” or “Regulated PFAS” means:
(1) PFAS which have been intentionally added to a product and have a functional or technical effect in the product, including PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product; or
(2) The presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.
b. A manufacturer of menstrual products shall not sell, distribute, or offer for sale or use in this State any menstrual product containing regulated PFAS.
c. 1(1)1 The Department of Environmental Protection shall establish a system for manufacturers to periodically test for the presence of regulated PFAS in menstrual products, to be conducted by a laboratory approved by the commissioner.
1(2) The commissioner shall publish on the department’s Internet website a list of approved laboratories and a list of acceptable testing methods to be used to satisfy the requirements of paragraph (1) of this subsection.1
d. The results of a test conducted pursuant to subsection c. of this section shall be available to the Department of Health for inspection upon request to the manufacturer or laboratory.
e. A violation of the provisions of this section shall constitute an unlawful practice for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), and the violator shall be subject to all the remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
2. This act shall take effect on the first day of the 1[nineteenth] twenty-fifth1 month next following enactment, except that the Commissioner of Environmental Protection and the Commissioner of Health may take any anticipatory administrative action in advance as may be necessary for the implementation of this act.