PFAS – Connecticut Ban on PFAS in fire fighting foam and food packaging in real time

In 2019, Governor Ned Lamont held a bill signing ceremony at the edge of the Farmington River in Windsor to commemorate the adoption of a new state law banning the use of firefighting foam and food packaging that contains per- and polyfluoroalkyl substances. Commonly known as PFAS, the large group of man-made “forever chemicals” are used in a variety of materials and products around the world.

Specifically, per the Governor’s office, Public Act 21-191An Act Concerning the Use of PFAS Substances in Class B Firefighting Foam, banned the use of PFAS-containing firefighting foam, or “AFFF,” effective October 1, 2021.  Thereafter, AFFF was no longer permitted for use in training activities. Additionally, the law also phased out PFAS-containing food packaging by  the end of 2023.  The Act is now operative on both fronts and has taken hold.

The Act was an attempt to operationalize the Governor’s 2019 PFAS Action Plan: with a stated goal to minimize future releases of PFAS to the environment, and minimize human health risk for Connecticut residents caused by PFAS. The action plan was developed by the Connecticut Interagency PFAS Task Force, which was established in 2019 by Governor Lamont and led by the Department of Energy and Environmental Protection and the Department of Public Health, with assistance from many other agencies, including the state Department of Emergency Services and Public Protection.

Public Act 21-191 makes mandatory a takeback program the Department of Energy and Environmental Protection had already been engaged in to collect AFFF foam from municipal fire departments at no charge. The takeback program is funded by a $2 million allocation approved by the State Bond Commission in July 2020. As of late 2022,  over 170 fire departments have requested pickups of their existing foam inventories. A total of 50 municipalities have completed the takeback program, with more than 6,000 gallons of PFAS-containing foam collected thus far.

Connecticut’s Public Act 21-191 is being used as a model in other states looking to reduce and/or eliminate PFAS in fire fighting foam and in food packaging.  The Act gave various manufacturers time to modify their approach to including PFAS in their products and now, 4 years later, the applicable bans are being enforced in fire fighting foam and in food packaging.

Duane Morris has an active PFAS team to help organizations and individuals plan, respond to and execute on PFAS issues and initiatives in order to manage risk, ensure compliance and minimize litigation risk. We are available to discuss your concerns and objectives and how new rules, regulations and rulings might apply to you.

For More Information:

If you have any questions about this post, please contact Lindsay Ann BrownLori A. Mills, Kelly Bonner, Brad A. Molotsky, any of the attorneys in our PFAS Group or the attorney in the firm with whom you are regularly in contact.

PFAS – Colorado enacts PFAS Ban in various household items and Fire Fighting Foam

On May 1, 2024, Colorado enacted the “Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act” (the “PPCCA“) to establish a regulatory scheme that prohibits the sale or distribution of certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS).

The full bill – SB 081 can be found here https://legiscan.com/CO/text/SB081/2024

As of January 1, 2024, the PPCCPA, restricts the sale and distribution of each  of the following products in Colorado if the products contain  intentionally added PFAS chemicals:

  • Carpets or rugs;
  • Fabric treatments;
  • Food packaging;
  • Juvenile products; and
  • Oil and gas products.

In addition, after January 1, 2024, a manufacturer of cookware sold in Colorado 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.

Further, per the PPCCA, 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, the sale or distribution in Colorado of any products in the following product categories is prohibited if the products contain intentionally added PFAS chemicals:

  • Cosmetics;
  • Indoor textile furnishings; and
  • Indoor upholstered furniture.

On and after January 1, 2027, the sale or distribution in Colorado of any of the products in the following product categories is prohibited if the products contain intentionally added PFAS chemicals:

  • Outdoor textile furnishings; and
  • Outdoor upholstered furniture.

Moreover, manufacturers and distributors should also be aware that the PCCAA 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 PPCCA 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.

Duane Morris has an active PFAS team to help organizations and individuals plan, respond to and execute on PFAS issues and initiatives in order to manage risk, ensure compliance and minimize litigation risk. We are available to discuss your concerns and objectives and how new rules, regulations and rulings might apply to you.

For More Information:

If you have any questions about this post, please contact Lindsay Ann Brown, Lori A. MillsBrad A. Molotsky, any of the attorneys in our PFAS Group or the attorney in the firm with whom you are regularly in contact.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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