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Colorado, USA, Revises Law on PFAS in Consumer Goods

SafeGuardSHardgoods, Automotive, Electrical & Electronics, Personal and Protective Equipment, Softlines, Toys and Juvenile ProductsMay 14, 2024

SG74/24

The US state of Colorado has revised its law on products containing intentionally added PFAS. These amendments will be implemented in phases, starting January 2025.

In June 2022, Colorado approved HB 22-1345 (Chapter 338) to regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS) in a variety of consumer goods (SafeGuardS 76/22). It adds the ‘Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act’ to Title 25 Article 16 Part 6 of the Colorado Revised Statutes (C.R.S. 25-15-601-604).

On May 1, 2024, the governor of Colorado signed SB 24-081 into law to revise the state’s aforementioned act. The amendment contains several important changes to the current law. It:

  • Renames the title to ‘Perfluoroalkyl and Polyfluoroalkyl Chemicals Protection Act’
  • Prohibits the installation of artificial turfs that contain intentionally added PFAS
  • Adds several new terms and/or their definitions, including but not limited to the following products:
    • Apparel
    • Automotive cleaning products
    • Cleaning products
    • Cookware
    • Outdoor apparel
    • Outdoor apparel for severe conditions
    • Ski wax
    • Textile articles
  • Repeals the disclosure requirements for PFAS in cookware on January 1, 2026
  • Revokes the 2025 prohibition of outdoor apparel for severe wet conditions containing intentionally added PFAS, unless these products are accompanied by the phrase ‘Made with PFAS Chemicals’, on January 1, 2028, but will prohibit these goods from January 1, 2028

Highlights of product prohibitions falling under the Act, as amended by SB 24-081, are summarized in Table 1.

SubstanceScopeRequirementEffective date
PFAS• In handle of cookware or any cookware surface that comes into contact with food, foodstuffs or beverages
List the presence of intentionally added PFAS on product label, including on the product listing for online sales (see legislation for labeling details)January 1, 2024 (current law, will be repealed January 2, 2026)
PFAS• Cookware
 
Unless no individual PFAS is intentionally added, manufacturers (include 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 (current law, will be repealed January 2, 2026)
PFAS• Carpets and rugs
• Fabric treatments¹
• Food packaging derived from plan fibers
• Juvenile products
• Oil and gas products
 
Prohibited if intentionally addedJanuary 1, 2024 (current law)
PFAS• Outdoor apparel for severe wet conditionsProhibited if intentionally added, unless the product is accompanied by the phrase 'Made with PFAS Chemicals'January 1, 2025 (will be repealed January 1, 2028)
PFAS• Cosmetics¹
• Indoor textile furnishings
• Indoor upholestered furniture
 
Prohibited if intentionally addedJanuary 1, 2025 (current law)
PFAS• Cleaning products, except those that are floor maintenance products used in hospital or medical settings
• Cookware
• Dental floss
• Menstruation products
• Ski wax
 
Prohibited if intentionally addedJanuary 1, 2026
PFAS• Artificial turfs
 
Prohibited to be installed on state property if intentionally addedJanuary 1, 2026
PFAS• Outdoor textile furnishings
• Outdoor upholstered furniture
 
Prohibited if intentionally addedJanuary 1, 2027 (current law)
PFAS• Cleaning products that are floor maintenance products used in hospital or medical settings
• Food equipment intended primarily for used in commercial settings that comes into direct contact with food
• Outdoor apparel for severe wet conditions
• Textile articles
 
Prohibited if intentionally addedJanuary 1, 2028

¹Exempts hydrofluoroolefins used as propellants but such exemption will be repealed on January 1, 2027

Table 1

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