H 7621Product Safety

Health and Safety - Consumer PFAS Ban Act of 2024

This bill exempts durable items authorized by the FDA for food contact from the state's upcoming ban on PFAS chemicals.

Held for study

Population
Affected

Introduced Feb 11, 2026Committee House Environment and Natural Resources

Plain-English Summary

This legislation amends the "Consumer PFAS Ban Act of 2024." Currently, state law is set to ban the sale of various products containing intentionally added PFAS (often called "forever chemicals") starting in 2027. This bill creates a specific exemption to that ban. It allows for the continued sale of "durable items" containing PFAS, provided that the United States Food and Drug Administration (FDA) has authorized those items for use in contact with food. Essentially, if the FDA considers a durable product with PFAS safe for food use, Rhode Island will allow it to be sold.

For younger readers

Rhode Island has a new rule coming soon that says stores cannot sell items containing certain chemicals called PFAS, which can stay in the environment for a long time. However, this bill adds a special exception to that rule. It says that "durable items" (things made to last a long time, like certain pots and pans) can still be sold in stores if the U.S. government agency that checks food safety (the FDA) says they are safe to use with food. This means you will still be able to buy these specific kitchen items.

Who & Where It Applies

Impacted groups

Cookware ManufacturersRetailersRestaurant OwnersConsumersFood Service Industry

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Ensures that state regulations regarding food-contact materials align with federal FDA safety standards, creating a consistent scientific framework for consumer safety.
Maintains the availability of affordable, durable cookware and kitchen products for low-income families who might otherwise struggle to afford expensive non-PFAS alternatives.
Allows state environmental regulators to focus their limited enforcement resources on non-FDA authorized products that may pose a higher, unregulated risk to the community.
Weakens the state's environmental protections by creating a loophole that allows "forever chemicals" (PFAS) to remain in circulation, potentially harming public health and ecosystems.
Relies on federal FDA standards which may lag behind the most current scientific understanding regarding the long-term dangers of PFAS accumulation in the human body.
Undermines the original intent of the Consumer PFAS Ban Act, prioritizing corporate manufacturing interests over the immediate health and safety of Rhode Island communities.

For Conservatives

Reduces the regulatory burden on businesses by aligning state restrictions with federal FDA authorizations, preventing unnecessary market interference and compliance costs.
Protects the rights of manufacturers and retailers to sell durable goods that have already been deemed safe for food contact by established federal authorities.
Prevents a patchwork of confusing state-level regulations that increases costs for consumers and hinders the free market operation of interstate commerce.
Implicitly validates the underlying ban on other products, which restricts free enterprise and consumer choice in the broader marketplace.
Cedes state decision-making power to the federal bureaucracy (FDA), rather than allowing the state legislature or the free market to determine safety standards.
Creates potential confusion regarding the definition of "durable items," which could lead to inconsistent enforcement and government overreach against small businesses.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 4 additions

SECTION 1. Section 23-18.18-4 of the General Laws in Chapter 23-18.18 entitled "Consumer PFAS Ban Act of 2024" is hereby amended to read as follows: 23-18.18-4. Prohibition on use of PFAS.

(a) Except as provided otherwise in this section, on and after January 1, 2027, no person shall manufacture, sell, offer for sale, or distribute for sale in the state any covered product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS.

(b) Except as provided otherwise in this section, on and after January 1, 2029, no person shall manufacture, sell, offer for sale, or distribute for sale in the state:

(1) Artificial turf containing intentionally added PFAS; or

(2) Outdoor apparel for severe wet conditions containing intentionally added PFAS, unless it is accompanied by a legible, easily discernable disclosure that includes the following statement: “Made with PFAS chemicals.”

(c) If the department has reason to believe that a covered product contains intentionally added PFAS and the covered product is being offered for sale in the state, the director may direct the manufacturer of the product to, within thirty (30) days:

(1) Provide the director a certificate attesting that the covered product does not contain intentionally added PFAS; or

(2) Notify persons who sell, offer for sale, or distribute for sale a covered product prohibited under subsection (a) of this section, that the sale of that covered product is prohibited in this state and provide the director with a list of the names and addresses of those notified.

(d) The director may notify persons who sell or offer for sale a product prohibited under subsection (a) of this section, that the sale of that product is prohibited in this state.

(e) This section shall not apply to the sale or resale of used products.

(f) Notwithstanding any provision of this section, if a cosmetic product made through manufacturing processes intended to comply with this section contains an unavoidable trace quantity of PFAS that is attributable to impurities of natural or synthetic ingredients, the manufacturing process, storage or migration from packaging, or other such unintentional and unavoidable origin, such unavoidable trace quantity shall not cause the cosmetic product to be in violation of this section.

(g) Products containing perfluoroalkyl and polyfluoroalkyl substances or PFAS used as durable items that the United Stated Food and Drug Administration authorizes for food contact for consumer goods shall be exempt from this section.

SECTION 2. This act shall take effect upon passage.