ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 4767

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 20, 2025

      The Assembly Appropriations Committee reports favorably and with committee amendments Assembly Bill No. 4767 (1R).

      As amended and reported, the bill limits the use of regulated perfluoroalkyl and polyfluoroalkyl (PFAS) substances in menstrual products.

      The bill defines menstrual products as those 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 includes both disposable and reusable products.

      Under the bill, regulated PFAS are defined as PFAS which are intentionally added to a product and have a functional or technical effect in the product, including the 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 the presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine.

      The bill requires the Department of Environmental Protection (DEP) to establish a system to test for regulated PFAS and approve of laboratories to conduct the tests.  Results of any test conducted pursuant to the bill are required to be available to the Department of Health (DOH) for inspection, either from the manufacturer or the laboratory. 

      A violation of the bill’s provisions would be an unlawful practice under the “Consumer Fraud Act,” P.L.1960, c.39 (C.56:8-1 et seq.), and would be punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense.  Additionally, a violation of the “Consumer Fraud Act” can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.

      The bill would be effective two years after enactment, but permits the commissioners of DEP and DOH to take anticipatory administrative action.

COMMITTEE AMENDMENTS:

      The committee amended the bill to increase the allowable amount of PFAS present in a product or product component to 100 parts per million of organic fluorine.  Other committee amendments are technical in nature.

FISCAL IMPACT:

      The Office of Legislative Services (OLS) determines that the bill would result in indeterminate annual State expenditure and revenue increases.

      The Department of Environmental Protection would incur one-time expenditures to establish a system for manufacturers to periodically test for the presence of perfluoroalkyl or polyfluoroalkyl substances in various menstrual products.

      The Department of Health would incur annual costs to the extent the department requests to inspect the results of tests performed under the bill.

      The Department of Law and Public Safety would incur annual costs for enforcement activities to the extent there are violations of the bill’s provisions.

      The OLS anticipates an increase in State revenues from unlawful practices penalties of up to $10,000 for a first offense and up to $20,000 for any subsequent offense.  However, the OLS has no information on which to base an estimate of the number and magnitude of future penalty assessments and payments and thus cannot project the amount the State will collect.