§ 37-0121 — Prohibition against the use of perfluoroalkyl and polyfluoroalkyl substances in apparel and outdoor apparel for severe wet conditions

§ 37-0121. Prohibition against the use of perfluoroalkyl and\npolyfluoroalkyl substances in apparel and outdoor apparel for severe wet\nconditions.\n 1. After January first, two thousand twenty-five, no person shall sell\nor offer for sale in this state any new, not previously used, apparel\ncontaining perfluoroalkyl and polyfluoroalkyl substances as\nintentionally added chemicals.\n 2. In addition to the provisions of subdivision one of this section,\none year after the department's adoption of the regulations required by\nthis subdivision, but no later than January first, two thousand\ntwenty-seven, no person shall sell or offer for sale in this state any\nnew, not previously used, apparel containing perfluoroalkyl and\npolyfluoroalkyl substances at or above a level that the department shall\nestablish in regulation.\n 3. On or after January first, two thousand twenty-eight, no person\nshall sell or offer for sale in this state any new, not previously used,\noutdoor apparel for severe wet conditions containing perfluoroalkyl and\npolyfluoroalkyl substances: (a) at or above a level that the department\nshall establish in regulation, or (b) as intentionally added chemicals.\n 4. For the purposes of this section, the following terms shall have\nthe following meanings:\n (a) "Intentionally added chemical" means a chemical in a product that\nserves an intended function or technical effect in the product or\nproduct component, including the PFAS within intentionally added\nchemicals and PFAS that are intentional breakdown products of an added\nchemical that also have a functional or technical effect in the product\nor product component.\n (b) "Apparel" means clothing items intended for regular wear or formal\noccasions including, but not limited to, undergarments, shirts, pants,\nskirts, dresses, overalls, bodysuits, vests, dancewear, suits, saris,\nscarves, tops, leggings, leisurewear, formal wear, outdoor apparel,\nonesies, bibs, and diapers. "Apparel" shall not include:\n (i) professional uniforms that are worn to protect the wearer from\nhealth or environmental hazards, including personal protective\nequipment; or\n (ii) outdoor apparel for severe wet conditions.\n (c) "Outdoor apparel" means clothing items intended primarily for\noutdoor activities, including but not limited to, hiking, camping,\nskiing, climbing, bicycling, and fishing.\n (d) "Outdoor apparel for severe wet conditions" means outdoor apparel\nthat are extreme and extended use products designed for outdoor sports\nexperts for applications that provide protection against extended\nexposure to extreme rain conditions or against extended immersion in\nwater or wet conditions, such as from snow, in order to protect the\nhealth and safety of the user and that are not marketed for general\nconsumer use.\n (e) "Manufacturer" means a person, firm, association, partnership, or\ncorporation:\n (i) that produces or whose brand name is affixed to apparel or outdoor\napparel for severe wet conditions; or\n (ii) in the case of apparel or outdoor apparel for severe wet\nconditions that was imported into the United States, "manufacturer"\nmeans the importer or first domestic distributor of the apparel or\noutdoor apparel for severe wet conditions if no person who is a\nmanufacturer within the meaning of subparagraph (i) of this paragraph\nhas a presence in the United States.\n 5. No person that sells or offers for sale any apparel or outdoor\napparel for severe wet conditions shall be held in violation of this\nsection if they can show that they relied in good faith on the written\nassurance of the manufacturer that such apparel or outdoor apparel for\nsevere wet conditions meets the requirements of this section. Such\nwritten assurance shall take the form of a certificate of compliance\nstating that such apparel or outdoor apparel for severe wet conditions\nis in compliance with the requirements of this section. The certificate\nof compliance shall be signed by an authorized official of the\nmanufacturer.\n 6. In addition to any other applicable penalties, it shall be a\nviolation of this section to provide a certificate of compliance as\ncontemplated by subdivision five of this section when the applicable\napparel or outdoor apparel for severe wet conditions does not satisfy\nthe limitations on the presence of perfluoroalkyl and polyfluoroalkyl\nsubstances set forth in subdivisions one, two and three of this section.\n