SB76A - Establishes provisions governing certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances. (BDR 52-291)

(Reprinted with amendments adopted on May 23, 2023) SECOND REPRINT S.B. 76 - *SB76_R2* SENATE BILL NO. 76–SENATOR NEAL PREFILED JANUARY 23, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Establishes provisions governing certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances. (BDR 52-291) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to hazardous materials; prohibiting, with certain exceptions, the sale and distribution of certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances; requiring, with certain exceptions, manufacturers of cookware containing intentionally added perfluoroalkyl and polyfluoroalkyl substances to provide certain information to a customer; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits, with certain exceptions, the discharge, use or release of 1 any Class B firefighting foam that contains intentionally added perfluoroalkyl and 2 polyfluoroalkyl substances for the purpose of testing the Class B firefighting foam 3 or firefighting training. (NRS 459.682) Beginning on October 1, 2024, section 21 4 of this bill prohibits, with certain exceptions, a manufacturer from selling, offering 5 for sale, distributing for sale or distributing for use any carpet or rug, fabric 6 treatment, food packaging, juvenile product, cosmetics, indoor textile furnishings or 7 indoor upholstered furniture that contains intentionally added perfluoroalkyl and 8 polyfluoroalkyl substances. Section 21 also authorizes a manufacturer of such 9 products to include a sticker on the product label that states “NO PFAS” to inform 10 consumers that perfluoroalkyl and polyfluoroalkyl substances were not 11 intentionally added or used to make the product. 12 Section 22 of this bill requires, with certain exceptions, a manufacturer of 13 cookware sold in this State that contains intentionally added perfluoroalkyl and 14 polyfluoroalkyl substances to list those substances on the cookware product label 15 and on any product listing for online sales: (1) that the product contains 16 intentionally added perfluoroalkyl and polyfluoroalkyl substances; and (2) an 17 Internet address and quick response code for a website that contains certain 18 – 2 – - *SB76_R2* information about the intentionally added perfluoroalkyl and polyfluoroalkyl 19 substances. Section 22 also authorizes a manufacturer of cookware that does not 20 contain intentionally added perfluoroalkyl and polyfluoroalkyl substances to 21 include a sticker on the product label that states “NO PFAS” to inform consumers 22 that the product does not contain intentionally added perfluoroalkyl and 23 polyfluoroalkyl substances. 24 Section 23 of this bill provides that a person who willfully and knowingly 25 violates the provisions of section 21 or 22 is guilty of a misdemeanor. 26 Section 20 of this bill provides an exception to the requirements and 27 prohibitions set forth in this bill to the extent that such provisions are preempted by 28 or conflict with federal law. 29 Sections 3-19 of this bill define certain terms related to these requirements. 30 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 597 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 23, inclusive, of this 2 act. 3 Sec. 2. As used in sections 2 to 23, inclusive, of this act, the 4 words and terms defined in sections 3 to 19, inclusive, of this act 5 have the meanings ascribed to them in those sections. 6 Sec. 3. “Adult mattress” means any mattress other than a 7 toddler mattress, crib mattress or other sleep product for infants. 8 Sec. 4. “Carpet or rug” means a fabric product marketed or 9 intended for use as a floor covering in a household or business. 10 Sec. 5. (Deleted by amendment.) 11 Sec. 6. “Component” means an identifiable component of a 12 product, regardless of whether the manufacturer of the product is 13 the manufacturer of the component. 14 Sec. 7. “Cookware” means a durable houseware product that 15 is used in a residence or kitchen to prepare, dispense or store food 16 or beverages, including, without limitation, any pot, pan, skillet, 17 grill, baking sheet, baking mold, tray, bowl or cooking utensil. 18 Sec. 8. 1. “Cosmetic” means a product that is intended to 19 be rubbed onto or introduced into, poured, sprinkled, sprayed on 20 or otherwise applied to the human body for the purposes of 21 cleaning, cleansing, beautifying, promoting or altering the 22 appearance of a person, including, without limitation, any skin 23 moisturizer, perfume, lipstick, nail polish, eye or facial makeup, 24 shampoo, conditioner, permanent wave, hair dye or deodorant. 25 2. The term does not include: 26 (a) A product that requires a prescription for distribution or 27 dispensation; or 28 (b) Hydrofluoroolefins used as propellants in cosmetics. 29 – 3 – - *SB76_R2* Sec. 9. “Fabric treatment” means a product applied to fabric 1 to give the fabric one or more characteristics, including, without 2 limitation, stain resistance or water resistance. The term does not 3 include hydrofluoroolefins used as propellants in fabric 4 treatments. 5 Sec. 10. “Food packaging” means a package or packaging 6 component that is used in direct contact with food and is 7 composed, in substantial part, of paper, paperboard or other 8 materials originally derived from plant fibers. 9 Sec. 11. 1. “Intentionally added perfluoroalkyl and 10 polyfluoroalkyl substances” means perfluoroalkyl and 11 polyfluoroalkyl substances that a manufacturer has intentionally 12 added to a product and that have a functional or technical effect 13 on the product. The term includes, without limitation, 14 perfluoroalkyl and polyfluoroalkyl substances that are intentional 15 breakdown products of an added chemical that also have a 16 functional or technical effect on the product. 17 2. The term does not include the use of recycled materials 18 which may contain perfluoroalkyl and polyfluoroalkyl substances 19 due to the use of perfluoroalkyl and polyfluoroalkyl substances in 20 the original product. 21 Sec. 11.5. 1. “Juvenile product” means a product designed 22 by a manufacturer for use by an infant or child less than 12 years 23 of age, including, without limitation, a bassinet, child restraint 24 system for use in motor vehicles, changing pad, toddler mattress, 25 crib mattress or other sleep product for infants, high chair, infant 26 carrier, infant seat, polyurethane foam mat, pad or pillow, nap cot, 27 play mat, playpen or stroller. 28 2. The term does not include: 29 (a) Electronic products, including, without limitation, any 30 personal computer and any associated equipment, audio and video 31 equipment, calculator, wireless phone, gaming console, handheld 32 device incorporating a video screen or any associated peripheral 33 device such as a mouse, keyboard, power supply unit or power 34 cord; 35 (b) An internal component of a juvenile product that is not 36 designed or intended to come into direct contact with the skin or 37 mouth of a child as a result of the reasonably foreseeable use of 38 the product; 39 (c) An adult mattress; or 40 (d) An off-highway vehicle, as defined in NRS 490.060, 41 designed for use by a child, a replacement part for such an off- 42 highway vehicle and any protective clothing or equipment 43 intended for use by a child while operating such an off-highway 44 vehicle. 45 – 4 – - *SB76_R2* Sec. 12. “Manufacturer” means a person that manufactures 1 or assembles a product. The term includes, without limitation, the 2 importer or first domestic distributor of the product if a product is 3 imported into the United States and the manufacturer does not 4 have a presence in the United States. 5 Sec. 13. “Package” means the material that is intended or 6 used to contain, protect, handle, deliver or present a product. 7 Sec. 14. “Packaging component” means an individual part 8 of a package, including, without limitation, the interior or exterior 9 blocking, bracing, cushioning, weatherproofing, exterior 10 strapping, coating, closure, ink or label. 11 Sec. 15. “Perfluoroalkyl and polyfluoroalkyl substances” has 12 the meaning ascribed to it in NRS 459.678. 13 Sec. 16. 1. “Product” means an item, and any component 14 of such an item, that is manufactured, assembled or otherwise 15 prepared for sale or distribution to a customer and that is sold or 16 distributed for personal, residential, commercial or industrial use, 17 including, without limitation, for use in making other products. 18 2. The term does not include: 19 (a) Any drug, medical device, biologic or diagnostic regulated 20 by the United States Food and Drug Administration or the United 21 States Department of Agriculture; 22 (b) Any drug, medical device, biologic, parasiticide or 23 diagnostic administered or used to treat animals regulated by the 24 United States Food and Drug Administration pursuant to the 25 Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 351 et seq., 26 the United States Department of Agriculture pursuant to the 27 Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 et seq. or the United 28 States Environmental Protection Agency pursuant to the Federal 29 Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et 30 seq.; 31 (c) A veterinary pesticide product approved by the United 32 States Environmental Protection Agency for use in animals; 33 (d) Medical food, as defined in section 5(b)(3) of the Orphan 34 Drug Act, 21 U.S.C. § 360ee(b)(3); 35 (e) Infant formula, as defined in NRS 597.990; 36 (f) Any packaging used for a product described in paragraphs 37 (a) to (e), inclusive; or 38 (g) A used product offered for sale or resale. 39 Sec. 17. “Textile” means any product made in whole or in 40 part from a natural or synthetic fiber, yarn or fabric, including, 41 without limitation, leather, cotton, silk, jute, hemp, wool, nylon or 42 polyester. The term does not include any textile used in a medical, 43 professional or industrial setting. 44 – 5 – - *SB76_R2* Sec. 18. “Textile furnishing” means a type of textile intended 1 for use in households and businesses, including, without 2 limitation, any drapery, floor covering, furnishing, bedding, towel 3 or tablecloth. The term does not include a textile furnishing 4 intended for use in a medical, professional or industrial setting. 5 Sec. 19. “Upholstered furniture” means any article of 6 furniture that is: 7 1. Designed for sitting, resting or reclining; and 8 2. Wholly or partially stuffed with filling material. 9 Sec. 20. The provisions of sections 2 to 23, inclusive, of this 10 act do not apply to the extent that those provisions are preempted 11 by or conflict with federal law, including, without limitation, any 12 provision of federal law requiring the use of products that contain 13 intentionally added perfluoroalkyl and polyfluoroalkyl substances 14 or authorizing the use of intentionally added perfluoroalkyl and 15 polyfluoroalkyl substances in a product or any product surface 16 that comes into contact with food or beverages. 17 Sec. 21. 1. A manufacturer shall not sell, offer for sale, 18 distribute for sale or distribute for use in this State any of the 19 following types of products if the product contains intentionally 20 added perfluoroalkyl and polyfluoroalkyl substances: 21 (a) Carpets or rugs; 22 (b) Fabric treatments; 23 (c) Food packaging; 24 (d) Juvenile products; 25 (e) Cosmetics; 26 (f) Indoor textile furnishings; or 27 (g) Indoor upholstered furniture. 28 2. A manufacturer of the products described in subsection 1 29 may include on the product label a sticker suitable to the size of 30 the product label stating “NO PFAS” to inform the consumer that 31 the product does not contain intentionally added perfluoroalkyl 32 and polyfluoroalkyl substances. 33 3. The provisions of this section do not apply to: 34 (a) A product which contains perfluoroalkyl and 35 polyfluoroalkyl substances due to the use of recycled materials 36 containing perfluoroalkyl and polyfluoroalkyl substances in the 37 original product; 38 (b) A carpet or rug that was manufactured or imported before 39 October 1, 2024; or 40 (c) Any other textile product, other than a carpet or rug, that 41 was manufactured or imported before October 1, 2024. 42 Sec. 22. 1. A manufacturer of cookware sold in this State 43 that contains intentionally added perfluoroalkyl and 44 polyfluoroalkyl substances in the handle of the product or in any 45 – 6 – - *SB76_R2* product surface that comes into contact with any food or 1 beverages shall: 2 (a) Except as otherwise provided in subsection 3, list the 3 presence of those substances on the product label. The list of such 4 substances must be prefaced by the phrase “This product 5 contains:”; 6 (b) Except as otherwise provided in subsection 3, include on 7 the product label a statement, in both English and Spanish, that 8 reads: “For more information about chemicals in this product, 9 visit” followed by: 10 (1) An Internet address for a website that provides 11 information about why the perfluoroalkyl and polyfluoroalkyl 12 substances are intentionally added; and 13 (2) A quick response (QR) code or other machine-readable 14 code used for storing an Internet address for the website that 15 provides information about why the perfluoroalkyl and 16 polyfluoroalkyl substances are intentionally added; 17 (c) Include in any product listing for online sales in this State, 18 the information required to be included on the product label 19 pursuant to paragraphs (a) and (b); and 20 (d) Ensure that the information required pursuant to 21 paragraphs (a), (b) and (c) is clearly visible and legible to the 22 customer on the label and on the product listing for online sales. 23 2. A manufacturer of cookware: 24 (a) Shall not claim on the packaging for cookware that the 25 cookware is free of perfluoroalkyl and pol [Text truncated for display. Full text available on LegiScan.]