A5195

An Act concerning perfluoroalkyl and polyfluoroalkyl substances in firefighting personal protective equipment and supplementing Title 56 of the Revised Statues.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.

“Firefighting personal protective equipment” means any clothing or wearable items designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties that are designed for use in fire and rescue activities, including, but not limited to, jackets, pants, footwear, gloves, helmets, and respiratory equipment.

“Intentionally added PFAS” means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).

“Manufacturer” means the person that manufactures firefighting agents or firefighting equipment or whose brand name is affixed to the firefighting agent or firefighting equipment. In the case of a product imported into the United States, “manufacturer” includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

“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).

2. a. Beginning six months after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), any manufacturer that sells firefighting personal protective equipment containing PFAS shall provide written notice to the purchaser at the time of sale stating:

(1) that the firefighting personal protective equipment contains PFAS;

(2) the reason for which the firefighting personal protective equipment contains PFAS; and

(3) the specific PFAS contained within the product, listed by chemical name and abbreviated name.

b. A manufacturer that sells firefighting personal protective equipment containing PFAS and the purchaser of the firefighting personal protective equipment containing PFAS shall retain a copy of the written notice provided pursuant to subsection a. of this section for at least three years from the date of purchase. Upon request from the division, the manufacturer or purchaser shall furnish the written notice, or a copy of the written notice, and associated sales documentation to the division within 60 days of the request.

3. a. Beginning two years after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), no person shall sell, offer for sale, manufacture, or distribute for sale or use in the State any firefighting personal protective equipment containing intentionally added PFAS.

b. A violation of subsection a. 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 remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

4. This act shall take effect immediately.

STATEMENT

This bill would require manufacturers of firefighting personal protective equipment containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) to provide written notice to the purchaser to inform the purchaser that the product contains PFAS and would prohibit the sale, manufacture, and distribution of firefighting personal protective equipment containing intentionally added PFAS. As defined in the bill, “PFAS” means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom and “intentionally added PFAS” means PFAS added to a product or one of the product's components to provide a specific characteristic, appearance, or quality or to perform a specific function. “Intentionally added PFAS” also includes any degradation byproducts of PFAS.

Specifically, this bill would require, beginning six months after the bill’s effective date, any manufacturer that sells firefighting personal protective equipment containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) to provide written notice to the purchaser at the time of sale stating: (1) that the firefighting personal protective equipment contains PFAS; (2) the reason for which the firefighting personal protective equipment contains PFAS; and (3) the specific PFAS contained within the product, listed by chemical name and abbreviated name. The bill would require that both the manufacturer that sells the firefighting personal protective equipment containing PFAS and the purchaser of the firefighting personal protective equipment containing PFAS retain a copy of the written notice for at least three years from the date of purchase. Upon request from the Division of Consumer Affairs (division) in the Department of Law and Public Safety, the manufacturer or purchaser would be required to furnish the written notice, or a copy of the written notice, and associated sales documentation to the division within 60 days of the request.

The bill would also prohibit, beginning two years after the bill’s effective date, the sale, manufacture, and distribution of firefighting personal protective equipment containing intentionally added PFAS within the State. A violation of the bill’s provisions would be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), commonly known as the State's “Consumer Fraud Act.” An unlawful practice under the Consumer Fraud Act is 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. In addition, a violation 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.