SG 21/24
The US state of New Jersey has banned firefighting foams containing intentionally added PFAS. The prohibition applies from January 8, 2026.
On January 8, 2024, the governor of New Jersey signed AB 4125 into law to prohibit the sale, manufacture, distribution and use of Class B firefighting foams (FFF) containing intentionally added per- and polyfluoroalkyl substances (PFAS).
The new law also contains several important derogations. These include, but are not limited to:
- Use of PFAS as required by federal law, such as 14 CFR 139.317 ‘Aircraft rescue and firefighting: Equipment and agents’
- A temporary exemption for the use of PFAS-containing FFF by certain facilities that have fixed foam fire suppression systems for Class B fires
- A temporary exemption for the use of PFAS-containing FFF by oil refineries and petroleum terminals
According to the definitions in the new law, PFAS means any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Highlights of the new law are summarized in Table 1.
AB 4125 ‘An Act concerning perfluoroalkyl and polyfluoroalkyl substances in firefighting foam and supplementing Title 56 and Title 58 of the Revised Statutes, and making an appropriation ‘
P.L. 2023, c. 243
| Substance | Scope | Requirement | Effective date |
|---|---|---|---|
| PFAS | Class B firefighting foams | Prohibited if intentionally added | January 8, 2026* |
*
- A manufacturer of Class B FFF containing intentionally added PFAS must notify persons that sell the manufacturer’s products about the provisions of the law by January 8, 2025
- Unless authorized, a manufacturer that produces, sells or distributes Class B FFF containing intentionally added PFAS after January 8, 2025, is obliged to recall the product within 27 months of the effective date, and reimburse the retailer or any other purchaser for the product
Table 1
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