A. "Carpet or rug" means a consumer product made from natural or synthetic fabric intended to be used as a floor covering inside commercial or residential buildings. "Carpet or rug" includes, but is not limited to, a carpeted doormat, but does not include:  

A-1. "Adult mattress" means a mattress that is not a crib mattress or a toddler mattress.   [PL 2023, c. 630, §1 (NEW).]

A-2. "Aerosol propellant" has the same meaning as in section 1613, subsection 1, paragraph A.   [PL 2023, c. 630, §1 (NEW).]

A-3. "Air care product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition an indoor environment by eliminating odors or freshening the air.   [PL 2023, c. 630, §1 (NEW).]

A-4. "Aircraft" means a contrivance operated by direct physical contact from a human that is used or designed for navigation of or flight in the air that requires certification and registration as prescribed by federal law or regulation. "Aircraft" does not include:  

A-5. "Alternative" means a substance or chemical that, if used in place of a PFAS in a product, would result in a functionally equivalent product and would reduce the potential for harm to human health or the environment or that has not been shown to pose the same or greater potential harm to human health or the environment as the PFAS. "Alternative" includes:  

A-6. "Architectural fabric structure" means a permanent fabric structure that is intrinsic to the design or construction of a building.   [PL 2023, c. 630, §1 (NEW).]

A-7. "Artificial turf" means an artificial product made from synthetic material that simulates the appearance of natural turf, grass, sod or lawn.   [PL 2023, c. 630, §1 (NEW).]

A-8. "Automotive maintenance product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle. "Automotive maintenance product" includes products for washing, waxing, polishing, cleaning or treating the exterior or interior surface of a motor vehicle, but does not include automotive paint or automotive paint repair products.   [PL 2023, c. 630, §1 (NEW).]

A-9. "Cleaning product" means a finished product used primarily for domestic, commercial or institutional cleaning purposes, including, but not limited to, an air care product, an automotive maintenance product, a general cleaning product and a polish or floor maintenance product.   [PL 2023, c. 630, §1 (NEW).]

A-10. "Cookware product" means a durable houseware product intended to be used to prepare, dispense or store food, foodstuffs or beverages, including, but not limited to, a pot, pan, skillet, grill, baking sheet, baking mold, tray, bowl and cooking utensil.   [PL 2023, c. 630, §1 (NEW).]

A-11. "Cosmetic product" means a product intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance. "Cosmetic product" includes any product intended for use as a component of another cosmetic product, but does not include soap or a product that requires a prescription for distribution or dispensing.   [PL 2023, c. 630, §1 (NEW).]

B. "Currently unavoidable use" means a use of PFAS that the department has determined by rule under this section to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available.   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

B-1. "Essential for health, safety or the functioning of society" means a use of a PFAS in a product when the function provided by the PFAS is necessary for the product to perform as intended, such that the unavailability of the PFAS for use in the product would cause the product to be unavailable, which would result in:  

C. "Fabric treatment" means a substance applied to fabric to give the fabric one or more characteristics, including but not limited to stain resistance or water resistance.   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

C-1. "Foam" has the same meaning as in section 1613, subsection 1, paragraph K. "Foam" does not include a firefighting or fire-suppressing foam or related product regulated under section 424‑C.   [PL 2023, c. 630, §1 (NEW).]

D. "Intentionally added PFAS" means PFAS added to a product or one of its product components to provide a specific characteristic, appearance or quality or to perform a specific function. "Intentionally added PFAS" also includes any degradation by-products of PFAS.   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

D-1. "Juvenile product" means a product designed or marketed for use by infants and children under 12 years of age including, but not limited to: a baby or toddler foam pillow; bassinet; bedside sleeper; booster seat; changing pad; child restraint system for use in motor vehicles and aircraft; co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad or pillow; portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable crib; stroller; and toddler mattress. "Juvenile product" does not include an adult mattress or an electronic product marketed for use by children under 12 years of age, including a personal computer, audio and video equipment, calculator, wireless telephone, game console, handheld device incorporating a video screen and any associated peripheral, such as a mouse, keyboard, power supply unit or power cord.   [PL 2023, c. 630, §1 (NEW).]

D-2. "Known to or reasonably ascertainable by" means, with respect to a person, all information in the person's possession or control as well as all information that a reasonable person similarly situated might be expected to possess, control or know.   [PL 2023, c. 630, §1 (NEW).]

E. "Manufacturer" means the person that manufactures a product or whose brand name is affixed to the product. 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.   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

E-1. "Medical device" has the same meaning as the term "device" as defined in 21 United States Code, Section 321(h).   [PL 2023, c. 630, §1 (NEW).]

E-2. "Off-highway vehicle" means a vehicle designed to be or marketed as capable of off-highway operation, including, but not limited to:  

E-3. "Outdoor apparel for severe wet conditions" means a clothing item that is an extreme and extended use product designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions to protect the health and safety of the user and that are not marketed for general consumer use, including, but not limited to, such extreme and extended use products designed for offshore fishing, offshore sailing, whitewater kayaking and mountaineering.   [PL 2023, c. 630, §1 (NEW).]

F. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

G. "Product" means an item manufactured, assembled, packaged or otherwise prepared for sale to consumers, including its product components, sold or distributed for personal, residential, commercial or industrial use, including for use in making other products.   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

H. "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

H-1. "Proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available.   [PL 2023, c. 630, §1 (NEW).]

I. "Publicly owned treatment works" has the same meaning as in section 361‑A.   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

J. "Refrigerant" has the same meaning as in section 1613, subsection 1, paragraph Y.   [PL 2023, c. 630, §1 (NEW).]

K. "Single-use" means, with respect to a product, conventionally disposed of after one use or not sufficiently durable or washable to be, or not intended to be, reusable or refillable.   [PL 2023, c. 630, §1 (NEW).]

L. "Ski wax" means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve grip or glide properties. "Ski wax" includes related tuning products.   [PL 2023, c. 630, §1 (NEW).]

M. "Textile" means an item made in whole or in part from natural or synthetic fiber, yarn or fabric, including, but not limited to, leather, cotton, silk, jute, hemp, wool, viscose, nylon and polyester. "Textile" does not include a single-use absorbent hygiene product or a single-use paper hygiene product, including, but not limited to, toilet paper, paper towels or tissues.   [PL 2023, c. 630, §1 (NEW).]

N. "Textile article" means a textile good of a type customarily and ordinarily used in households and businesses. "Textile article" includes, but is not limited to, apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins and tablecloths, but does not include:  

O. "Upholstered furniture" means an article of furniture that is designed to be used for sitting, resting or reclining and that is wholly or partly stuffed or filled with any filling material.   [PL 2023, c. 630, §1 (NEW).]

P. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a way but does not include such a device that is moved exclusively by human power or that is used exclusively upon stationary rails or tracks.   [PL 2023, c. 630, §1 (NEW).]

A. The manufacturer shall submit to the department a written notification that includes, to the extent known to or reasonably ascertainable by the manufacturer:  

A-1. At the time the manufacturer submits to the department the written notice required in paragraph A, the manufacturer shall also pay to the department the applicable fee established by the department by rule pursuant to subsection 6.   [PL 2023, c. 630, §1 (NEW).]

B. With the approval of the department, the manufacturer may supply the information required in paragraph A for a category or type of product rather than for each individual product.   [PL 2023, c. 630, §1 (AMD).]

C. In accordance with rules adopted by the department, the manufacturer shall update and revise the information in the written notification whenever there is significant change in the information or when requested to do so by the department.   [PL 2023, c. 630, §1 (AMD).]

D. The requirements of this subsection do not apply to a manufacturer that employs 100 or fewer people.   [PL 2023, c. 630, §1 (AMD).]

A. A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;   [PL 2023, c. 138, §3 (AMD).]

B. A package, as defined in Title 32, section 1732, subsection 4, for a product, except when the package is the product of the manufacturer. The exemption under this paragraph does not apply to the package of a product prohibited from sale, offer for sale or distribution for sale pursuant to subsection 5, paragraph B, B‑1, D or E if that package is a fluorinated container or a container that otherwise contains intentionally added PFAS;   [PL 2023, c. 630, §1 (AMD).]

C. A used product or used product component;   [PL 2023, c. 630, §1 (AMD).]

D. A firefighting or fire-suppressing foam or related product regulated under section 424‑C;   [PL 2023, c. 630, §1 (NEW).]

E. A prosthetic or orthotic device or any product that is a medical device, drug or biologic or that is otherwise used in a medical setting or in medical applications that are regulated by or under the jurisdiction of the United States Food and Drug Administration;   [PL 2023, c. 630, §1 (NEW).]

F. A veterinary product intended for use in or on animals, including diagnostic equipment or test kits and their components and any product that is a veterinary medical device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical setting or in veterinary medical applications that are regulated by or under the jurisdiction of:  

G. A product developed or manufactured for the purposes of public health, environmental or water quality testing;   [PL 2023, c. 630, §1 (NEW).]

H. A product required to meet standards or requirements of the United States Department of Transportation, Federal Aviation Administration, the National Aeronautics and Space Administration, the United States Department of Defense or the United States Department of Homeland Security, except that the exemption under this paragraph does not apply to any textile article or refrigerant that is included in or as a component part of such products;   [PL 2023, c. 630, §1 (NEW).]

I. A motor vehicle or motor vehicle equipment regulated under a federal motor vehicle safety standard, as defined in 49 United States Code, Section 30102(a)(10), and any other motor vehicle, including an off-highway vehicle or specialty motor vehicle, such as an all-terrain vehicle, side-by-side vehicle, farm equipment or personal assistive mobility device, except that the exemption under this paragraph does not apply to any textile article or refrigerant that is included in or as a component part of such products;   [PL 2023, c. 630, §1 (NEW).]

J. A watercraft, as defined in Title 12, section 13001, subsection 28, or a seaplane, except that the exemption under this paragraph does not apply to any textile article or refrigerant that is included in or as a component part of such products;   [PL 2023, c. 630, §1 (NEW).]

K. A semiconductor, including semiconductors incorporated in electronic equipment, and equipment and materials used in the manufacture of semiconductors;   [PL 2023, c. 630, §1 (NEW).]

L. Nonconsumer electronics and nonconsumer laboratory equipment not ordinarily used for personal, family or household purposes; and   [PL 2023, c. 630, §1 (NEW).]

M. Equipment directly used in the manufacture or development of the products described in paragraphs E to L.   [PL 2023, c. 630, §1 (NEW).]

A. Except as provided pursuant to paragraph F or G, effective January 1, 2023, a person may not sell, offer for sale or distribute for sale in this State a carpet or rug that contains intentionally added PFAS. The prohibition under this paragraph does not apply to the sale, offer for sale or distribution for sale of any carpet or rug in used condition.   [PL 2023, c. 630, §1 (AMD).]

B. Except as provided pursuant to paragraph F or G, effective January 1, 2023, a person may not sell, offer for sale or distribute for sale in this State a fabric treatment that contains intentionally added PFAS.  

B-1. Except as provided pursuant to paragraph F or G, effective January 1, 2026, a person may not sell, offer for sale or distribute for sale in this State:  

B-2. Except as provided pursuant to paragraph F or G, effective January 1, 2029, a person may not sell, offer for sale or distribute for sale in this State:  

C. The department may by rule identify products by category or use that may not be sold, offered for sale or distributed for sale in this State if they contain intentionally added PFAS. The department shall prioritize the prohibition of the sale of product categories that, in the department's judgment, are most likely to cause contamination of the State's land or water resources if they contain intentionally added PFAS. The department may not prohibit by rule pursuant to this paragraph the sale, offer for sale or distribution for sale of products in used condition.  

D. Except as otherwise provided in this paragraph or pursuant to paragraph F or G, effective January 1, 2032, a person may not sell, offer for sale or distribute for sale in this State any product that contains intentionally added PFAS that is not already prohibited from sale, offer for sale or distribution for sale pursuant to paragraph A, B, B‑1, B‑2 or C, unless the department has determined by rule in accordance with paragraph F that the use of PFAS in the product is a currently unavoidable use.  

E. Except as provided pursuant to paragraph F or G, effective January 1, 2040, a person may not sell, offer for sale or distribute for sale in this State:  

F. The department may by rule identify specific products or product categories containing intentionally added PFAS for which it has determined the use of PFAS in the product is a currently unavoidable use. If the department determines by rule that the use of PFAS in a product or product category is a currently unavoidable use:  

G. The prohibitions in this subsection do not apply to a retailer in the State unless the retailer sells, offers for sale or distributes for sale a product containing intentionally added PFAS in the State for which the retailer has received a notification pursuant to subsection 8, paragraph B that the sale of the product is prohibited.   [PL 2023, c. 630, §1 (NEW).]

A. [PL 2023, c. 630, §1 (RP).]

B. [PL 2023, c. 630, §1 (RP).]

C. [PL 2023, c. 630, §1 (RP).]

D. [PL 2023, c. 630, §1 (RP).]

E. [PL 2023, c. 630, §1 (RP).]

A. Provide the department with a certificate attesting that the product does not contain intentionally added PFAS; or   [PL 2023, c. 630, §1 (AMD).]

B. Notify persons that sell, offer for sale or distribute for sale the product in this State that the sale of the product is prohibited in this State and provide the department with a list of the names and addresses of those persons notified.   [PL 2023, c. 630, §1 (AMD).]

A. Information resources targeted to industrial or commercial users of PFAS;   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

B. Education of the general public;   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

C. To the extent funds are available, grants to operators of publicly owned treatment works for the purposes of developing, expanding or implementing pretreatment standards for PFAS and education of users on sources of PFAS and proper management;   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

D. To the extent funds are available, grants to municipalities for the purposes of educating solid waste disposal users on sources of PFAS and proper management; and   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

E. Other efforts determined by the department to be prudent to achieve the program's purpose.   [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]