SG 129/24
New Hampshire has become the latest state in the US to ban PFAS in certain consumer products. The prohibitions will become effective on January 1, 2027.
On August 2, 2024, the governor of New Hampshire signed HB 1649 (Chapter 349, the Act) into law to regulate per- and polyfluoroalkyl substances (PFAS) in a wide variety of consumer goods.
The Act provides several terms and their definitions, including, but not limited to, the following:
Highlights of the Act are summarized in Table 1.
| Substance | Scope¹ | Requirement² | Effective date |
PFAS |
| Prohibited if intentionally added | January 1, 2027 |
Table 1
¹Exempts, among other things, second-hand products and products made with at least 85% recycled content.
²The Department of Environmental Services (DES) may request a certificate attesting that a product is in compliance.
The Act also prohibits intentionally added PFAS in cosmetics and feminine hygiene products.
While many US states have enacted PFAS prohibitions in a variety of consumer products, one notable deviation about this new law is its utilized PFAS definition. While most existing US states consider any fluorinated chemical containing at least one fully fluorinated carbon atom under its PFAS definition, New Hampshire HB 1649 references the PFAS definition as set under the US EPA PFAS reporting rule (SG 133/23), which is a smaller and more defined scope.
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