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Rhode Island, USA, Regulates PFAS in Certain Consumer Goods

SafeGuardSHardgoods, Softlines, Toys and Juvenile ProductsJuly 09, 2024

SG 106/24

The US state of Rhode Island has become the latest state to regulate per- and polyfluoroalkyl substances (PFAS) in several categories of consumer product. The new measures will be implemented in phases, starting January 2027.

On June 26, 2024, the governor of Rhode Island signed S 2152/H 7356 ‘Consumer PFAS Ban Act of 2024’ (the Act) into law to regulate PFAS in several categories of consumer product.

The Act creates Chapter 18.18 to Title 23 of the state’s General Laws. It provides several terms and their definitions, including but not limited to the following:

  • ‘Apparel’ – clothing items intended for regular wear or formal occasions, including but not limited to athletic wear, bibs, bodysuits, costumes, dancewear, diapers, dresses, everyday uniforms for workwear, everyday swimwear, footwear, formal wear, leggings, leisure wear, onesies, pants, saris, scarves, school uniforms, shirts, skirts overalls, suits, tops, undergarments and vests
    • This definition does not include personal protective equipment (PPE), clothing items for the nation’s military and outdoor apparel

  • ‘Artificial turf’ – a man-made material which simulates the appearance of live turf, organic turf, grass, sod or lawn
  • ‘Carpets or rugs’ – consumer product made from natural or synthetic fabric intended for use as a floor covering inside commercial or residential buildings
  • ‘Cookware’ – durable cookware items that are used in homes and restaurants to prepare, dispense or store food and beverages. Includes baking molds, baking sheets, bowls, cooking utensils, grills, pans, pots, skittles and trays
  • ‘Juvenile products’ – a product designed for use by infants and children under 12 years of age, including, but not limited to, a baby or toddler foam pillow, bassinet, beside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, floor playmat, 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, playmat, 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
    • This definition exempts the following:

      • Children’s electronic products – including, but not limited to, personal computers, audio and video equipment, calculators, wireless phones, game consoles, handheld devices incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, power cord, film, camera, audio, visual or imaging equipment or sensors
      • Medical devices
      • Adult mattresses
      • Children’s electronic products containing integrated circuits, semiconductor packages, or a device containing a semiconductor chip

  • ‘Manufacturer’ – the person that creates or produces a product or whose brand name is affixed to the product. This term includes, for any product imported into the United States (U.S), 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 U.S.
  • ‘Perfluoroalkyl and polyfluoroalkyl substances’ or ‘PFAS’ – substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom
  • ‘Textile articles’ – textile products of a type customarily and ordinarily used in households and businesses, including but not limited to accessories, apparel, beddings, backpacks, draperies, furnishings, handbags, napkins, shower curtains, tablecloths, towels and upholstery

Highlights of the Act are summarized in Table 1.


Substance
Scope¹Requirement²
Effective date
PFAS
  • Artificial turfs
  • Carpets and rugs
  • Cookware
  • Fabric treatments
  • Juvenile products
  • Ski wax
  • Textile articles
Prohibited if intentionally added
January 1, 2027
PFAS
  • Outdoor apparel for severe wet conditions
Prohibited if intentionally added, unless accompanied by statement ‘Made with PFAS chemicals’
January 1, 2029

Table 1

¹Exempts second-hand products
² The Department of Environmental Management (DEM) may request a certificate attesting that a product is in compliance

The Act also regulates PFAS in cosmetics, menstrual products and class B firefighting foam.

Rhode Island has recently postponed the prohibition of intentionally added PFAS in food packaging from mid-2024 to January 2025 (SafeGuardS 99/24).

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. Contact us for more information or visit our website. In the end, it’s only trusted because it’s tested. 

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For further information, please contact:

HingWo Tsang

Dr.

Hingwo

Tsang

Global Information and Innovation Manager
Melanie Tamayo

Melanie

Tamayo

Senior Technical Manager, SGS NA

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