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Session of 2026
HOUSE BILL No. 2674
By Representative Bohi
2-3
AN ACT concerning the environment; enacting the PFAS protection act;
prohibiting certain products that contain intentionally added PFAS;
authorizing the department of health and environment to adopt rules
and regulations to prohibit certain products that contain intentionally
added PFAS; requiring disclosure of information and the testing of
products that contain intentionally added PFAS and are sold, offered for
sale, distributed or distributed for sale in this state.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Sections 1 through 6, and amendments thereto, shall be
known and may be cited as the PFAS protection act.
Sec. 2. As used in this act, unless the context requires otherwise:
(a) "Act" means the PFAS protection act.
(b) "Carpet" or "rug" means a fabric marketed or intended for use as a
floor covering.
(c) "Chemical" means a substance with a distinct molecular
composition or a group of structurally related substances and includes the
breakdown products of the substance or substances that form through
decomposition, degradation or metabolism.
(d) "Cleaning product" means a finished product used for general
cleaning purposes, including:
(1) A polish or floor maintenance product;
(2) an air care product labeled for the intended use of enhancing or
conditioning the indoor environment by eliminating unpleasant odors or
freshening the air; or
(3) an automotive maintenance product, other than automotive paint
or an automotive paint repair product, that is labeled for the intended use
of maintaining the appearance of a motor vehicle.
(e) "Consumer product" means a tangible personal property that is
distributed in commerce and normally used for personal, family or
household use, including product categories that are normally used in
households but designed for or sold to businesses, such as commercial
carpet or floor waxes.
(f) "Cookware" means durable houseware items intended for direct
food contact and used to prepare, dispense or store food, foodstuffs or
beverages.
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(g) "Cosmetic" means a product or product component, other than
soap, intended to be applied to the human body for cleansing, beautifying
or promoting attractiveness.
(h) "Currently unavoidable use" means the use of a PFAS that the
department has determined by rule to be essential for health, safety or the
functioning of society and for which alternatives are not reasonably
available.
(i) "Department" means the department of health and environment.
(j) "Fabric treatment" means a substance applied to fabric for stain,
grease or water resistance or flame retardance.
(k) "Feminine hygiene product" means a disposable or reusable
product to collect menstruation and vaginal discharge, including, but not
limited to, tampons, pads, sponges, menstruation underwear, discs,
applicators and menstruation cups.
(l) "Firefighting foam" means an aqueous film-forming foam
containing intentionally added PFAS.
(m) "Food packaging" means a container, unit package, intermediate
package or shipping container applied or providing a means to market,
protect, handle, deliver, serve, contain or store food or beverage, including
an individual assembled part of a food package.
(n) "Intentionally added" means PFAS that is deliberately added or
used during the manufacture of a product in which the continued presence
of such PFAS is desired in the final product or one of the product's
components to perform a specific function.
(o) (1) "Internal components" means internal parts of a product,
whether permanently affixed or removable, that are designed and intended
not to be touched by a person during the intended use or handling.
(2) "Internal components" include parts of a product used for holding
batteries, regardless of whether the parts are touched when replacing
batteries.
(p) (1) "Juvenile product" means a product designed or marketed for
use by children under 12 years of age, including, but not limited to,
children's car seats, clothing and toys.
(2) "Juvenile product" does not include any electronic product,
including, but not limited to:
(A) Personal computers and any associated equipment;
(B) audio and video equipment;
(C) calculators;
(D) wireless phones;
(E) gaming consoles;
(F) handheld devices incorporating a video screen; or
(G) any associated peripheral device, such as a mouse, keyboard,
power supply unit or power cord.
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(q) "Manufacturer" means:
(1) A person, a firm, an association, a partnership, a corporation or an
organization, or a combination thereof, or a joint venture that creates,
produces or assembles a product or whose brand name is affixed to a
product; or
(2) in the case of a product imported into the United States, an
importer or first domestic distributor of the product, if the person or entity
that created, produced or assembled the product or whose brand name is
affixed to the product does not have an office or employees in the United
States.
(r) "Medical device" means an instrument, an apparatus, an
implement, a machine, an implant or an in vitro reagent, or other similar or
related device, including any component or accessory thereof, that is a
product regulated as a medical device by the United States pursuant to the
federal food, drug, and cosmetic act, 21 U.S.C. § 321 et seq. and is:
(1) Recognized in an official compendium;
(2) intended for use in the diagnosis of disease or other conditions or
in the cure, mitigation, treatment or prevention of disease in a human or an
animal; or
(3) intended to affect the structure or function of the body of a human
or an animal, does not achieve its principal intended purposes through
chemical action within or on the body of a human or an animal and is not
dependent on being metabolized for achievement of its principal intended
purpose.
(s) "Official compendium" means a comprehensive, authoritative
listing of recognized medical devices, including listings published by a
federal regulatory body, that details specifications, standards and accepted
uses of medical devices.
(t) "PFAS" or "perfluoroalkyl or polyfluoroalkyl substance" means a
substance in a class of fluorinated organic chemicals containing at least
one fully fluorinated carbon atom.
(u) "Proprietary information" means information that is a trade secret
or a production, commercial or financial information of which disclosure
would impair the competitive position of the submitter and make available
information that would not otherwise be publicly available.
(v) "Product" means an item created, produced, assembled, packaged
or otherwise prepared for sale to a consumer, including a product
component sold or distributed for personal, residential, commercial or
industrial use or for use in making a product.
(w) "Ski wax" means a lubricant applied to the bottom of a snow
runner, including a ski or snowboard, to improve grip or glide properties.
"Ski wax" includes associated tuning products.
(x) "Textile" means an item made in whole or in part from a natural
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or synthetic fiber, yarn or fabric, including, but not limited to, leather,
cotton, silk, jute, hemp, wool, viscose, nylon or polyester.
(y) "Textile furnishings" means a textile product made in whole or
part from a natural or synthetic fiber, yarn or fabric that is used as furniture
or a decorative accessory.
(z) "Upholstered furniture" means furniture that is wholly or partially
stuffed with a filling material.
Sec. 3. (a) Subsections (b) through (g) shall not apply to any:
(1) Product for which federal law governs the presence of PFAS in
such product in a manner that preempts state authority;
(2) used product offered for sale or resale;
(3) medical device or drug and the packaging of any such medical
device or drug that is regulated by the United States food and drug
administration, including any prosthetic and orthotic device;
(4) cooling, heating, ventilation, air conditioning or refrigeration
equipment that contains intentionally added PFAS or any refrigerant listed
as acceptable, acceptable subject to use conditions or acceptable to
narrowed use limits pursuant to the significant new alternatives policy
program, 40 C.F.R. part 82, subpart G, and sold, offered for sale or
distributed for sale for use according to which such refrigerant is listed
pursuant to such program;
(5) veterinary product, including any packaging thereof, that is
intended for use in or on animals, including, but not limited to, diagnostic
equipment or test kits and the veterinary product's components and any
product that is a veterinary medical device, drug, biologic or parasiticide
or otherwise used in a veterinary medical setting or in veterinary medical
applications that are regulated by or under the jurisdiction of:
(A) The United States food and drug administration;
(B) the United States department of agriculture pursuant to the federal
virus-serum-toxin act, 21 U.S.C. 151 et seq.; or
(C) the United States environmental protection agency pursuant to the
federal insecticide, fungicide, and rodenticide act, 7 U.S.C. § 136 et seq;
(6) product developed or manufactured for the purpose of public
health or environmental or water quality testing;
(7) motor vehicle or motor vehicle equipment that is regulated under
a federal motor vehicle safety standard, as defined in 49 U.S.C. § 30102(a)
(10);
(8) other motor vehicle, including, but not limited to, any off-
highway vehicle or any specialty motor vehicle, such as an all-terrain
vehicle, any side-by-side vehicle, farm equipment or any personal assistive
mobility device;
(9) watercraft, aircraft, lighter-than-air aircraft or seaplane;
(10) semiconductor, including semiconductors incorporated in
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electronic equipment, and materials used in the manufacture of
semiconductors;
(11) nonconsumer electronics and nonconsumer laboratory equipment
not ordinarily used for personal, family or household purposes and
products that contain intentionally added PFAS only in electronic
components or internal components;
(12) product that contains intentionally added PFAS with uses that are
currently listed as acceptable, acceptable subject to use conditions or
acceptable subject to narrowed use limits in the United States
environmental protection agency's rules pursuant to the significant new
alternatives policy program if the product contains intentionally added
PFAS that is being used as a substitute for ozone-depleting substances
under the conditions specified in such rules;
(13) product used for the generation, distribution or storage of
electricity;
(14) product that contains fluoropolymers, consisting of polymeric
substances for which the backbone of the polymer is either a
perfluorinated or polyfluorinated carbon-only backbone or a perfluorinated
polyether backbone and that are solid at standard temperature and
pressure;
(15) pesticide that is regulated by or under the jurisdiction of the
federal insecticide fungicide rodenticide act, 7 U.S.C. § 136 et seq.;
(16) product for which the department has adopted a rule providing
that the use of the PFAS in such product is a currently unavoidable use; or
(17) equipment, parts, components or materials directly used in the
manufacture, development, servicing or maintenance of the products
described in paragraphs (1) through (15).
(b) Except as provided in subsection (a), beginning on January 1,
2027, a manufacturer shall not sell, offer for sale, distribute or distribute
for sale in this state, directly or indirectly or through intermediaries, the
following products, if any of such products contain intentionally added
PFAS:
(1) Cookware, except as specified by subsection (a)(14);
(2) food packaging;
(3) dental flosses;
(4) juvenile products; and
(5) firefighting foams.
(c) Except as provided in subsection (a), beginning on January 1,
2028, a manufacturer shall not sell, offer for sale, distribute or distribute
for sale in this state, directly or indirectly or through intermediaries, the
following products, if any of such products contain intentionally added
PFAS:
(1) Carpets or rugs;
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(2) cleaning products;
(3) cosmetics;
(4) fabric treatments;
(5) feminine hygiene products;
(6) textiles;
(7) textile furnishings;
(8) ski waxes; and
(9) upholstered furniture.
(d) Except as provided in subsection (a), the department may adopt
rules and regulations to prohibit manufacturers from selling, offering for
sale, distributing or distributing for sale in this state, directly or indirectly
or through intermediaries, consumer products not enumerated in
subsections (b) and (c) but otherwise contain intentionally added PFAS by
category or use upon a finding of fact that a prohibition on the product is
necessary to protect human health or the environment. The department
shall set effective dates for a prohibition established by any such adopted
rule and regulation. Except that the department shall not set an effective
date for prohibiting a product that is less than six months after the adoption
of the final rules and regulations prohibiting such product or earlier than
January 1, 2027. The department shall prioritize prohibiting any consumer
product containing intentionally added PFAS that is most likely to harm
human health or contaminate the environment.
(e) On or before January 1, 2032, the department shall submit a report
to the legislature to recommend legislation to prohibit the sale, offering for
sale, distribution or distribution for sale in this state of any product or
product category containing intentionally added PFAS other than those
enumerated under subsections (a) through (d).
(f) The department may adopt rules and regulations to determine that
the use of PFAS in certain products or product categories is a currently
unavoidable use.
(g) The department shall consult with the Kansas department of
agriculture before adopting any rule and regulation pursuant to subsection
(d) and (f) with respect to a pesticide, fertilizer, agricultural liming
material or plant or soil amendment that contains intentionally added
PFAS.
Sec. 4. (a) The department shall adopt rules and regulations to:
(1) Exempt from the reporting requirements established pursuant to
section 5, and amendments thereto, any product containing intentionally
added PFAS that is exempt pursuant to section 3(a), and amendments
thereto, or that has been designated as a currently unavoidable use;
(2) create a list of ranges for the amount of PFAS in a product
containing intentionally added PFAS for reporting purposes unless
exempted in section 3(a), and amendments thereto;
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(3) identify currently unavoidable uses of PFAS that are essential for
health, safety or the functioning of society and for which alternatives are
not reasonably available unless exempted in section 3(a), and amendments
thereto; and
(4) (A) (i) require a periodic inventory of firefighting foam quantities
stored or used in the state;
(ii) require the use of firefighting foam for emergency purposes only;
and
(iii) require the cleanup of discarded firefighting foam as a hazardous
waste pursuant to K.S.A. 65-3430, and amendments thereto.
(B) For purposes of this paragraph, "emergency purposes" does not
include training or the use of firefighting foam in fire suppression systems.
(b) The department may determine that a product containing
intentionally added PFAS is a currently unavoidable use based on
determinations made by other states.
Sec. 5. (a) The department shall adopt rules and regulations that
enumerate the information required of a manufacturer. The information
required shall include, to the extent known to or reasonably ascertainable
by the submitter:
(1) A brief description of the product, including a universal product
code, stock-keeping unit or other numeric code assigned to the product;
(2) the purpose for which PFAS is used in the product;
(3) the amount of each PFAS in the product, identified by the
chemical abstracts service registry number or other identifier of such PFAS
and reported as an exact quantity determined using commercially available
analytical methods or as falling within a range approved for reporting
purposes by the department;
(4) the name and address of the manufacturer and the name, address
and phone number of a contact person for the manufacturer; and
(5) any additional information requested by the department as
necessary, except that the department shall not require disclosure of
records, reports or information or particular parts of records, reports or
information that would divulge confidential business records or methods
or processes entitled to protection as trade secret. Additionally, the
manufacturer shall, by a preponderance of the evidence, demonstrate that
the requested information would divulge confidential business records,
methods or processes entitled to protection as trade secrets. Any
proprietary information submitted by a manufacturer pursuant to the
requirements of this section that is identified by the manufacturer as
proprietary information is confidential and shall be handled by the
department pursuant to the Kansas open records act, K.S.A. 45-215 et seq.,
and amendments thereto.
(b) On or before January 1, 2027, a manufacturer of a product sold,
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offered for sale, distributed or distributed for sale in the state, directly or
indirectly or through intermediaries, that contains intentionally added
PFAS shall submit to the department the information required by
subsection (a).
(c) On and after January 1, 2028, a manufacturer shall not sell, offer
for sale, distribute or distribute for sale in this state, directly or indirectly
or through intermediaries, a product that contains intentionally added
PFAS as determined by a testing requested by the department and if such
manufacturer has failed to provide the department the information required
by subsection (a).
(d) On and after January 1, 2028, a manufacturer shall not sell, offer
for sale, distribute or distribute for sale in this state, directly or indirectly
or through intermediaries, a product that contains intentionally added
PFAS unless the manufacturer has submitted to the department the
information required by subsection (a). A product reported pursuant to this
subsection containing intentionally added PFAS may be prohibited from
sale pursuant to this act.
(e) A manufacturer shall submit a revision of the information
provided on a product within 30 days of a significant change to the
information that the manufacturer previously submitted or upon the
request of the department.
(f) Upon written approval from the department, a manufacturer may
provide the information required by this section to the department for a
category or type of product or product component.
(g) The department may waive the obligation of a manufacturer to
submit all or part of the information required by this section if the
department determines that substantially equivalent information is publicly
available. The department may grant a waiver to a manufacturer or a group
of manufacturers for multiple products or a product category.
(h) The department may enter into an agreement with one or more
states or political subdivisions of a state to collect information and may
accept information from a shared system as meeting the information
requirements of this section.
(i) The department may extend the deadline for a manufacturer to
submit the information required by this section upon a determination by
the department that the circumstances merit an extension of the deadline.
(j) Within 60 days of receiving information from a manufacturer, the
department shall notify the manufacturer that adequate information has
been received or that additional information is required. A manufacturer
shall submit to the department any additional information requested by the
department within 30 days of such request.
(k) The requirements of this section do not apply to products that are
exempt pursuant to section 3(a), and amendments thereto.
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Sec. 6. (a) If the department has reason to believe that a product
containing intentionally added PFAS is being sold, offered for sale,
distributed or distributed for sale in the state, directly or indirectly or
through intermediaries, the department may direct the manufacturer of the
product to, within 30 days, provide the department with testing results that
demonstrate the amount of each PFAS in the product, identified by the
applicable chemical abstracts service registry number reported as an exact
quantity determined using commercially available analytical methods or as
falling within a range approved for reporting purposes by the department.
(b) If a testing for PFAS demonstrates that the product does not
contain intentionally added PFAS, the manufacturer shall provide the
department with a certificate of compliance attesting that the product does
not contain intentionally added PFAS, the testing results and any other
relevant information.
(c) If a testing for PFAS demonstrates that the product contains
intentionally added PFAS, the manufacturer shall:
(1) Provide to the department, within 30 days, the information
required for a product pursuant to this act; and
(2) notify any person that sells, offers for sale, distributes or
distributes for sale such product in this state that such product is prohibited
in this state and provide the department with a list of the names and
addresses of the people so notified.
(d) Pursuant to subsection (c)(2), the department may also notify any
person that sells, offers for sale, distributes or distributes for sale in this
state a product prohibited by this act that the product is prohibited in this
state.
(e) The provisions of this section do not apply to a medical device or
drug or the packaging of a medical device or drug that is regulated by the
United States food and drug administration or any other product exempted
in section (a)(3), and amendments thereto.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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