[First Reprint]

SENATE, No. 3669

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED SEPTEMBER 26, 2024

 


 

Sponsored by:

Senator  M. TERESA RUIZ

District 29 (Essex and Hudson)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Senators Cryan, Diegnan, Singleton and Singer

 

 

 

 

SYNOPSIS

     Limits regulated perfluoroalkyl and polyfluoroalkyl substances in menstrual products.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Commerce Committee on November 17, 2025, with amendments.

  


     An Act 1[banning] limiting1 perfluoroalkyl and polyfluoroalkyl substances 1[from] in1 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.

     “1[Regulated perfluoroalkyl] Perfluoroalkyl1 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) 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] "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 PFAS1; or

     (2) The presence of PFAS in a product or product component 1[at or]1 above 1[10 parts per million] a technically unavoidable trace quantity1, 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)1The 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] 25th1 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.