HB 22-1345

HB 22-1345, also known as the "Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act," bans the sale or distribution of certain products containing harmful PFAS chemicals in Colorado starting January 1, 2024. This includes items like carpets, food packaging, and cookware if they contain intentionally added PFAS. Manufacturers must label cookware with PFAS chemicals and direct consumers to a website for more information. The ban will expand to include cosmetics and indoor furniture by 2025, and outdoor furniture by 2027. Additionally, the bill restricts the use of firefighting foam containing PFAS and requires reporting if there's an accidental release. Since it has been signed into law, these regulations are now in effect or will be starting next year.

Official Summary

The act enacts the "Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act" to establish a regulatory scheme that prohibits the sale or distribution of certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals). On and after January 1, 2024, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals: Carpets or rugs; Fabric treatments; Food packaging; Juvenile products; and Oil and gas products. On and after January 1, 2024, a manufacturer of cookware sold in the state that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages is required to: List the presence of PFAS chemicals on the product label of the cookware; and Include a statement on the product label of the cookware that directs the consumer to a website with information about why PFAS chemicals were intentionally added to the product. On and after January 1, 2024, a manufacturer of cookware is prohibited from making a statement that the cookware is free of PFAS chemicals unless no individual PFAS chemical is intentionally added to the cookware. On and after January 1, 2025, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals: Cosmetics; Indoor textile furnishings; and Indoor upholstered furniture. On and after January 1, 2027, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals: Outdoor textile furnishings; and Outdoor upholstered furniture. The act includes products that do not contain intentionally added PFAS chemicals in the definition of "environmentally preferable products" for the purposes of state agency procurement. The act also: Requires a person that uses class B firefighting foam that contains intentionally added PFAS chemicals (firefighting foam) to prohibit a release of the firefighting foam into the environment, fully contain the firefighting foam during its use, safely store the firefighting foam, and report certain information to the water quality spills hotline within 24 hours if there is a release of the firefighting foam into the environment; Requires a person that uses firefighting foam to report its use to the water quality spills hotline within 24 hours after the use; Authorizes the attorney general to enforce laws regulating firefighting foams that contain PFAS chemicals; and Extends to January 1, 2024, the effective date of an existing restriction on the use of firefighting foam that contains intentionally added PFAS chemicals at certain airports.(Note: This summary applies to this bill as enacted.)

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