SG 076.22
Colorado has become the latest jurisdiction to regulate PFAS in consumer goods. The new law will be implemented in phases, starting January 2024.
On June 3, 2022, the governor of Colorado signed HB 22-1345 into law to regulate the sale or distribution of a wide variety of products and product categories that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), also known as PFAS chemicals, including PFAS chemicals that are intentional breakdown products of an added chemical (PFAS precursors).
According to the definitions in the new law,
- Cookware means a durable houseware product that is used in residences or kitchens to prepare, dispense or store food or beverages, including baking molds, baking sheets, bowls, cooking utensils, grills, pans, pots, skillets and trays
- Food package or food packaging means a package or packaging component used in direct contact with food and that is composed, in substantial part, of paper, paperboard or other materials originally derived from plant fibers
- Juvenile products means a product designed for use by infants or children under 12 years of age, including bassinets and other bedside sleepers, booster seats, car seats and other child restraint systems, changing pads, co-sleepers, crib or toddler mattresses, floor play mats, highchairs and highchair pads, infant bouncers, infant carriers, infant or toddler foam pillows, infant seats, infant sleep positioners, infant swings, infant travel beds, infant walkers, nap cots, nursing pads and pillows, play mats, playpens, play yards, polyurethane foam mats, pads or pillows, portable foam nap mats, portable infant sleepers and hook-on chairs, soft-sided portable cribs and strollers
- PFAS means a class of fluorinated organic chemicals containing at least on fully fluorinated carbon atom (C.R.S 25-5-1302)
- Textile furnishings means textiles of a type used in households and businesses, including draperies, floor coverings, furnishings, bedding, towels and tablecloths but does not include those used in medical, professional or industrial settings
Highlights of several important provisions on PFAS in consumer goods in the new law are summarized in Table 1.
Colorado HB 22-1345 ‘A Bill for an Act Concerning Measures to Increase Protections from Perfluoroalkyl and Polyfluoroalkyl Chemicals’ | |||
|---|---|---|---|
| Substance | Scope | Requirement | Effective Date |
| PFAS |
| Prohibited if intentionally added | January 1, 2024 |
| List the presence of intentionally added PFAS on product label, including on the product listing for online sales3,4 | January 1, 2024 | |
| Unless no individual PFAS is intentionally added, manufacturers (includes importers or first domestic distributors by statute) must not make a claim that the cookware is free of any PFAS on cookware package | January 1, 2024 | |
| Prohibited if intentionally added | January 1, 2025 | |
| Prohibited if intentionally added | January 1, 2027 | |
1Exempts hydrofluoroolefins used as propellants but such exemption will be repealed on January 1, 2027 2Exempts a) electronic products, including personal computers and associated equipment, audio and video equipment, calculators, wireless phones, gaming consoles. Handheld devices incorporating a video screen and any associated peripheral device such as a mouse, keyboard, power supply unit or power cord, b) internal components of a juvenile product that would not come into contact with a child’s skin or mouth during reasonably foreseeable use and abuse of the product or c) adult mattresses 3Must include a statement in both English and Spanish, that reads ‘For more information about PFAS chemicals in this product, visit’ followed by both of the following: a) an internet website address for a web page that provides information about why the PFAS chemicals are intentionally added, and b) a quick response (QR) code or other machine-readable code, consisting of an array of squares, used for storing an internet website for a web page that provides information about why the PFAS chemicals are intentionally added 4Cookware meeting both of the following is exempt from product label: a) the surface area of the cookware cannot fit a product label of least two square inches, and b) the cookware does not have either i) an exterior container or wrapper on which a product label can appear or be affixed, or ii) a tag or other attachment with information about the product attached to the cookware | |||
Table 1
The new law also restricts the use of intentionally added PFAS in Class B firefighting foams from January 1, 2024.
SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. Please do not hesitate to contact us for further information.
For inquiries, please contact:
Dr. Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420
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