Senate Might Move Legislation Regulating PFAS and Other Chemicals in Certain Products and Packaging

One of the non-COVID-19 related bills that have been sitting on the Senate action calendar since March and now might be called for a floor vote in the coming days (see related post here)  is S.295, which would impose a number of new regulations on the use of PFAS in several products, as well as certain uses of phthalates and bisphenols.  The bill had passed the Senate Health and Welfare Committee and has been awaiting votes on the floor.  After concerns were raised with senators, the bill appears to have been moved near the back of the line of legislation put on the fast track, but it could still come to the floor later next week or soon thereafter.  It would then be expected to go to the House Human Services Committee.

You can review the bill as passed by the Senate Health and Welfare Committee clicking here.  To track the bill, click here.  In its current form, the bill would:

  • Ban PFAS in certain firefighting foam and uses, and require disclosure of PFAS in certain firefighting PPE. (As passed by Committee, an exemption for fighting fires related to fuel infrastructure and chemical manufacturing was deleted).
  • Ban PFAS, phthalates, and possibly bisphenols from “food contact packaging”, but with a definition of packaging that could impact materials well beyond actual food contact. (Note that there appears to be a typo in the food packaging provisions – the intent was understood to be to ban PFAS and phthalates outright and provide authority to ban bisphenols, which is not entirely clear regarding PFAS as currently drafted – contact us at info@aivt.org if this is an issue you would like to discuss further).
  • Ban PFAS in rugs and carpeting.
  • Add the entire class of PFAS to the reporting requirements and potential regulatory scope of Vermont statutes addressing chemicals in children’s products.

AIV has been actively working on this legislation and is working to coordinate industry engagement.  Companies that might be impacted by S.295 should contact us at info@aivt.org for more information and to discuss options and opportunities for engaging on the bill.