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NEWMOA proposes PFAS Prevention Model Legislation

SafeGuardSElectrical & Electronics, Personal and Protective Equipment, Hardgoods, SoftlinesMay 17, 2023

SG 59/23

The Northeast Waste Management Officials’ Association (NEWMOA) has published a proposed model legislation addressing PFAS in consumer products. The model legislation aims to harmonize US state’s efforts in regulating PFAS. Comments are accepted until June 29, 2023.

The Northeast Waste Management Officials’ Association (NEWMOA) has published a proposed model legislation to regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS) in consumer products. The legislation is intended to help jurisdictions develop a more consistent approach to addressing PFAS and PFAS-containing products. Following the concept of the toxics in packaging, US states can adopt the model legislation and by that make it legally binding under their jurisdiction.

The draft defines PFAS as ‘all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom’ and is by that in alignment with other US state legislation on PFAS.

The model legislation would set in place notification requirements as well as prohibitions. Please see Table 1 for further details on those. It would provide the option for manufacturers to apply for an unavoidable use waiver for up to five years after the product ban. In case of products, which will be marketed under a waiver, labeling and producer responsibility requirements would apply. Any state’s implementing agency would also be authorized to participate in multi-jurisdiction clearinghouse to assist in carrying out the requirements of the adopted model legislation.

SubstanceScopeRequirement Effective Date
PFASConsumer productsProduct manufacturer to submit notification if product contains intentionally added PFASTwo years after adoption
Prohibited unless an unavoidable use has been determinedThree years after adoption

Table 1

Comments will be accepted until June 29, 2023.

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