ASSEMBLY CONSUMER AFFAIRS COMMITTEE

STATEMENT TO

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 1281

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 4, 2026

      The Assembly Consumer Affairs Committee reports favorably and with committee amendments Senate Bill No. 1281 SCS.

      The amended committee substitute would prohibit, beginning two years after the bill’s effective date, the sale, manufacture, and distribution of apparel containing intentionally added PFAS within the State.  As defined in the bill, “apparel” means (1) clothing items intended for regular wear or formal occasions including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, footwear, and everyday uniforms or work-wear; (2) outdoor apparel; and (3) outdoor apparel designed for severe wet conditions.  Personal protective equipment, clothing items for exclusive use by the United States military, and equipment and protective apparel designed to be used for the safe operation of a motorcycle or off-highway vehicle would be exempt from the bill’s provisions.  The committee amended the bill to remove the word diapers from the definition of “apparel,” define “diaper product, and clarify that the bill’s provisions apply to apparel and diaper products.

      A violation of the bill’s provisions would be a violation of P.L.2025, c.202 (C.56:3-53 et al.), known as the “Protecting Against Forever Chemicals Act.”  A violator would be subject to a civil administrative penalty of between $1,000 and $20,000 per violation, with each day the violation occurs being a separate and distinct offense.

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      As amended and reported by the committee, Senate Bill No. 1281 SCS is identical to Assembly Bill No. 5048, which was also amended and reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amended the Senate committee substitute to:

1) remove the word diapers from the definition of “apparel”;

2) define “diaper product” as an absorbent product, either disposable or reusable, manufactured to be worn to contain human waste.  The term excludes a “menstrual product” as that term is defined in subsection a. of section 1 of P.L.2025, c.232 ( C.56:3-52.1);

3) clarify that the provisions of the bill apply to apparel and diaper products; and

4) make certain technical corrections to resolve errors in punctuation, grammar, and syntax.