LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
SENATE, No. 3669
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: NOVEMBER 28, 2025
SUMMARY
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Synopsis: |
Limits regulated perfluoroalkyl and polyfluoroalkyl substances in menstrual products. |
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Type of Impact: |
Annual State expenditure and revenue increases. |
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Agencies Affected: |
Department of Law and Public Safety; Department of Environmental Protection; Department of Health. |
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Office of Legislative Services Estimate |
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Fiscal Impact |
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Annual State Expenditure Increase |
Indeterminate |
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Annual State Revenue Increase |
Indeterminate |
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· 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 ongoing 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 ongoing 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.
BILL DESCRIPTION
The bill limits the use of perfluoroalkyl and polyfluoroalkyl (PFAS) substances in menstrual products.
Under the bill, regulated PFAS are defined as "intentionally added PFAS," which 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 and includes any degradation byproducts of PFAS, or the presence of PFAS in a product or product component at or above a technically unavoidable trace quantity, as measured in total organic fluorine.
The bill requires the Department of Environmental Protection to establish a system for manufacturers to periodically 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 for inspection, either from the manufacturer or the laboratory.
The bill also requires the Department of Environmental Protection to publish on its Internet website a list of approved laboratories and acceptable testing methods.
A violation of the bill’s provisions would be an unlawful practice under the Consumer Fraud Act, P.L.1960, c.39.
The bill would be effective two years after enactment; however, the bill permits the Department of Environmental Protection and the Department of Health to take anticipatory administrative action.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The 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 ongoing 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 ongoing costs for enforcement activities to the extent there are violations of the bill’s provisions. The bill establishes that a violation of the bill’s provisions would be an unlawful practice under the Consumer Fraud Act 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 OLS anticipates an increase in State revenues from unlawful practices penalties; 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.
In 2019, New York became the first state in the nation to require manufacturers of menstrual products to disclose ingredients. Shortly after, California and Nevada joined in the requirement. From November 2021 to February 2022, the non-profit organization Women’s Voices for the Earth conducted a field study examining ingredient disclosures on period product labels both in New York and across the United States. The May 2022 report issued by the organization examined the findings of that field study, notably indicating that the compliance with the law to disclose ingredients had not been perfect. A few products evaluated in the field study did not disclose ingredients at all, or more frequently, only provided vague descriptions of ingredients disclosed without the actual chemical names of ingredients being included.
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Section: |
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Analyst: |
Lead Fiscal Analyst |
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Approved: |
Thomas Koenig Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).