The Rhode Island General Assembly has passed the Consumer PFAS Ban Act of 2024. The legislation, introduced by Representatives Cortvriend, Speakman, Bennett, McGaw, Carson, Kislak, Boylan, Spears, McEntee, and Fogarty, seeks to phase out the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in various consumer products by 1 January 2029, unless deemed unavoidable.
Key Provisions of the Act
The Act, codified as Chapter 18.18 in Title 23 of the General Laws, outlines a comprehensive ban on intentionally added PFAS in a wide array of consumer goods, including:
- Artificial Turf
- Carpets and Rugs
- Cookware
- Cosmetics
- Fabric Treatments
- Juvenile Products
- Menstrual Products
- Ski Wax
- Textile Articles
From 1 January 2027, the manufacture, sale, and distribution of covered products containing intentionally added PFAS will be prohibited within the state. Notably, this includes everyday items such as clothing, cookware, and personal care products.
Exceptions and Compliance
The Act allows for certain exceptions. For instance, if a product is found to contain unavoidable trace amounts of PFAS due to impurities in natural or synthetic ingredients or through manufacturing processes, it will not be considered in violation. Additionally, used products are exempt from these restrictions, ensuring that second-hand markets remain unaffected.
Manufacturers are required to provide certification to the Rhode Island Department of Environmental Management (DEM) attesting to the absence of intentionally added PFAS in their products. If a product is found to be non-compliant, the manufacturer must notify sellers and distributors, and the DEM can enforce penalties for violations.
Ban on PFAS in Firefighting Foam
A significant aspect of the Act is the prohibition on Class B firefighting foam containing PFAS, effective 1 January 2025. This measure aims to curb the environmental impact of PFAS, known for their persistence in the environment and potential health risks. The Act mandates that alternatives to PFAS-containing foams be utilised unless federal regulations necessitate their use. In such cases, detailed reporting and containment measures are required to prevent environmental contamination.
Enforcement and Penalties
The Act authorises the DEM to enforce these provisions, with penalties for non-compliance set at $1,000 for the first violation and up to $5,000 for subsequent offences. Manufacturers, local governments, and other entities involved in firefighting operations must adhere to stringent documentation and reporting requirements to ensure transparency and accountability.
Legislative Intent and Public Health
The passage of the Consumer PFAS Ban Act of 2024 underscores the General Assembly’s commitment to safeguarding public health and preserving Rhode Island’s natural resources. PFAS, often referred to as "forever chemicals" due to their persistence in the environment, have been linked to various health issues, including cancer and hormone disruption. This legislation represents a proactive step towards reducing exposure to these harmful substances.
