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SECOND REGULAR SESSION
HOUSE BILL NO. 2400
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURRA Y .
5641H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 640, RSMo, by adding thereto seven new sections relating to products
containing intentionally added perfluoroalkyl and polyfluoroalkyl substances, with
penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 640, RSMo, is amended by adding thereto seven new sections, to
2 be known as sections 640.1700, 640.1701, 640.1702, 640.1703, 640.1704, 640.1705, and
3 640.1706, to read as follows:
640.1700. 1. For purposes of sections 640.1700 to 640.1706, the following terms
2 mean:
3 (1) "Air car e prod uct", a chemically formulated consumer pr oduct labeled to
4 indicate that the purpose of the prod uct is to enhance or condition the indoor
5 envir onment by eliminating odors or freshen ing the air;
6 (2) "Automotive maintenance pr oduct", a chemically formulated consumer
7 pr oduct labeled to indicate that the purpose of the pr oduct is to maintain the
8 appearance of a motor vehicle, including pr oducts for washing, waxing, polishing,
9 cleaning, or trea ting the exterior or interior surfaces of motor vehicles. Automotive
10 maintenance prod uct does not include automotive paint or paint repai r pr oducts;
11 (3) "Cleaning pr oduct", a finished pro duct used primarily for domestic,
12 commer cial, or institutional cleaning purposes including, but not limited to, an air car e
13 pr oduct, an automotive maintenance prod uct, a general cleaning pr oduct, or a polish or
14 floor maintenance pr oduct;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
15 (4) "Cookware", durable housewar e items used to pr epar e, dispense, or stor e
16 food, foodstuffs, or beverages. Cookware includes, but is not limited to, pots, pans,
17 skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils;
18 (5) "Cosmetic", consists of articles, excluding soap, intended to be rubbed,
19 pour ed, sprinkled, or sprayed on, introd uced into, or otherwise applied to the human
20 body or any part ther eof for the purpose of cleansing, beautifying, pro moting
21 attractiveness, or altering the appearance, for use as a component of any such article;
22 (6) "Curr ently unavoidable use", a use of PF AS that the dir ector has
23 determined by rule under section 640.1704 to be essential for health, safety , or the
24 functioning of society and for which alternatives ar e not reas onably available;
25 (7) "Department", the department of natural res ource s;
26 (8) "Dir ector", the dir ector of the department of natural res our ces;
27 (9) "Fabric tr eatment", a substance applied to fabric to give the fabric one or
28 mor e characteristics including, but not limited to, stain res istance or water res istance;
29 (10) "Intentionally added PF AS", PF AS deliberately added during the
30 manufactur e of a pro duct wher e the continued pr esence of PF AS is desir ed in the
31 final pr oduct or one of the pro duct's components to perform a specific function;
32 (1 1) "Internal components", internal parts of a pro duct, whether permanently
33 affixed or r emovable, that are designed and intended to not be touched by a person
34 during intended use or handling. Internal components include parts of a prod uct used
35 for holding batteries reg ardless of whether the parts are touched when r eplacing
36 batteries;
37 (12) (a) "Juvenile prod uct", a pro duct designed or marketed for use by infants
38 and children under twelve years of age including, but not limited to:
39 a. Baby or toddler foam pillows;
40 b. Bassinets;
41 c. Bedside sleepers;
42 d. Booster seats;
43 e. Changing pads;
44 f. Child restrain t systems for use in motor vehicles and air craft;
45 g. Co-sleepers;
46 h. Crib mattr esses;
47 i. Highchair and highchair pads;
48 j. Infant pro ducts, such as:
49 (i) Bouncers;
50 (ii) Carriers;
51 (iii) Seats;
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52 (iv) Sleep positioners;
53 (v) Swings;
54 (vi) T ravel beds; or
55 (vii) W alkers;
56 k. Nap cots;
57 l. Nursing pads;
58 m. Nursing pillows;
59 n. Play mats;
60 o. Playpens;
61 p. Playyards;
62 q. Polyur ethane foam mats, pads, or pillows;
63 r . Portable prod ucts, such as:
64 (i) Foam nap mats;
65 (ii) Infant sleepers;
66 (iii) Hook-on chairs; or
67 (iv) Soft-sided cribs;
68 s. Str ollers; and
69 t. T oddler mattr esses;
70 (b) "Juvenile pro duct" does not include an adult mattr ess or a children's
71 electr onic product such as a personal computer , audio and video equipment, calculator ,
72 wir eless phone, game console, handheld device incorporating a video scr een, or any
73 associated peripheral pr oducts such as a mouse, keyboard, power supply unit, or power
74 cord, or an adult mattr ess. In addition, "juvenile pro duct" does not include the
75 following:
76 a. A recr eational off-highway vehicle, as defined in section 301.010, made for
77 childr en;
78 b. An all-terrain vehicle, as defined in section 301.010, made for childr en;
79 c. A motor cycle, as defined in section 301.010, made for childr en;
80 d. An electric bicycle, as defined in section 301.010, made for children ; and
81 e. A rep lacement part for a vehicle described in subparagraphs a. to d. of this
82 paragraph;
83 (13) "Manufacturer", the person or entity that creat es or prod uces a product or
84 whose brand name is affixed to the prod uct. In the case of a pr oduct imported into the
85 United States, manufactur er includes the importer or first domestic distributor of the
86 pr oduct if the person or entity that manufactur ed or assembled the prod uct or whose
87 brand name is affixed to the prod uct does not have a presence in the United States;
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88 (14) "Medical device", the meaning given to the term "device" under 21 U.S.C.
89 Section 321(h);
90 (15) "Perfluor oalkyl and polyfluoroalk yl substances" or "PF AS", a class of
91 fluorinated organic chemicals containing at least one fully fluorinated carbon atom;
92 (16) "Pr oduct", an item manufactur ed, assembled, packaged, or otherwise
93 pr epar ed for sale to consumers including, but not limited to, its pr oduct components,
94 sold or distributed for personal, res idential, commer cial, or industrial use, including for
95 use in making other prod ucts;
96 (17) "Pr oduct component", an identifiable component of a pro duct, regardl ess
97 of whether the manufactur er of the pr oduct is the manufactur er of the component;
98 (18) "Ski wax", a lubricant applied to the bottom of snow runners, including
99 but not limited to skis and snowboards, to impr ove their grip or glide pr operties. "Ski
100 wax" includes r elated tuning pr oducts;
101 (19) "T extile", an item made in whole or part fro m a natural or synthetic fiber ,
102 yarn, or fabric. "T extile" includes but is not limited to leather , cotton, silk, jute, hemp,
103 wool, viscose, nylon, and polyester;
104 (20) "T extile furnishings", textile goods of a type customarily used in households
105 and businesses, including but not limited to draperies, floor coverings, furnishings,
106 bedding, towels, and tablecloths;
107 (21) "Upholster ed furniture" , an article of furniture that is designed to be used
108 for sitting, res ting, or reclin ing and that is wholly or partly stuffed or filled with any
109 filling material.
640.1701. 1. Befor e January 1, 2027, the manufactur er of any pr oduct sold,
2 offer ed for sale, or distributed in this state that contains intentionally added PF AS shall
3 submit to the dir ector information that includes:
4 (1) A brief description of the pr oduct, including a universal pr oduct code (UPC),
5 stock keeping unit (SKU), or other numeric code assigned to the pr oduct;
6 (2) The purpose for which PF AS are used in the prod uct, including in any
7 pr oduct components;
8 (3) The amount of each PF AS in the pr oduct, identified by its chemical abstracts
9 service reg istry number repor ted as an exact quantity determined using commer cially
10 available analytical methods or as falling within a range appr oved for rep orting
11 purposes by the director;
12 (4) The name and addr ess of the manufactur er and the name, addr ess, and
13 phone number of a contact person for the manufactur er; and
14 (5) Any additional information requ ested by the director as necessary to
15 implement the re quir ements of this section.
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16 2. Wi th the appr oval of the dir ector , a manufactur er may supply the information
17 r equir ed under subsection 1 of this section for a category or type of pr oduct rather than
18 for each individual prod uct.
19 3. A manufactur er shall submit the information requi red under this section
20 whenever a new pro duct that contains intentionally added PF AS is sold, offer ed for sale,
21 or distributed in this state and shall update and rev ise the information whenever ther e is
22 significant change in the information or when r equested to do so by the dire ctor .
23 4. A person shall not sell, offer for sale, or distribute for sale in the state a
24 pr oduct containing intentionally added PF AS if the manufactur er has failed to provi de
25 the information req uired under this section and the person has recei ved notification
26 under section 640.1703.
640.1702. 1. The dir ector may waive all or part of the information req uirement
2 under section 640.1701 if the dire ctor determines that substantially equivalent
3 information is alr eady publicly available. The director may grant a waiver under
4 this section to a manufactur er or a gr oup of manufactur ers for multiple pro ducts or a
5 pr oduct category .
6 2. For a pesticide reg ulated under chapter 281, a fertilizer , an agricultural liming
7 material reg ulated under chapter 266, a plant amendment reg ulated under chapter 281,
8 or a soil amendment regul ated under chapter 266, a manufactur er may satisfy the
9 r equir ements of section 640.1701 by submitting the information requi red by that section
10 as part of its annual regi stration or appr oval pr ocess under sections 281.210 to 281.310
11 of the Missouri Pesticide Registration Act. For information that is re gulated under
12 chapters 266 and 281, the direc tor of the department of natural res our ces and the
13 dir ector of the department of agricultur e shall jointly determine whether to make the
14 information publicly available based on applicable statutes.
15 3. The dir ector may enter into an agr eement with one or mor e other states or
16 political subdivisions of a state, as authorized by federal or state law , to collect
17 information and may accept information to a shar ed system as meeting the information
18 r equir ement under section 640.1701.
19 4. The dir ector may extend the deadline for submission by a manufactur er of the
20 information r equir ed under section 640.1701 if the dir ector determines that mor e time is
21 needed by the manufactur er to comply with the submission r equir ement.
640.1703. 1. If the dir ector has reas on to believe that a prod uct contains
2 intentionally added PF AS and the pro duct is being offered for sale in this state, the
3 dir ector may dir ect the manufactur er of the prod uct to, within thirty days, pr ovide the
4 dir ector with testing re sults that demonstrate the amount of each of the PF AS in the
5 pr oduct, identified by its chemical abstracts service r egistry number , rep orted as an
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6 exact quantity determined using commer cially available analytical methods or as falling
7 within a range appr oved for reporting purposes by the dir ector .
8 2. If testing demonstrates that the pr oduct does not contain intentionally added
9 PF AS, the manufactur er shall pr ovide the director a certificate attesting that the
10 pr oduct does not contain intentionally added PF AS, including testing res ults and any
11 other rel evant information.
12 3. If testing demonstrates that the pr oduct contains intentionally added PF AS,
13 the manufactur er shall pr ovide the dir ector with the testing results and the information
14 r equir ed under section 640.1701.
15 4. A manufactur er shall notify persons who sell or offer for sale a pr oduct
16 pr ohibited under section 640.1701 or 640.1704 that the sale of that prod uct is pr ohibited
17 in this state and pr ovide the dir ector with a list of the names and addr esses of those
18 notified.
19 5. The dir ector may notify persons who sell or offer for sale a pro duct pr ohibited
20 under section 640.1701 or 640.1704 that the sale of that pro duct is pr ohibited in this
21 state.
640.1704. 1. Beginning January 1, 2027, a person shall not sell, offer for sale, or
2 distribute for sale in this state the following pr oducts if the pr oduct contains
3 intentionally added PF AS:
4 (1) Carpets or rugs;
5 (2) Cleaning prod ucts;
6 (3) Cookware;
7 (4) Cosmetics;
8 (5) Dental floss;
9 (6) Fabric trea tments;
10 (7) Juvenile pr oducts;
11 (8) Menstruation pr oducts;
12 (9) T extile furnishings;
13 (10) Ski wax; or
14 (1 1) Upholstered furniture .
15 2. Subsection 1 of this section does not proh ibit the sale, offer for sale, or
16 distribution for sale of a pr oduct that contains intentionally added PF AS only in
17 electr onic components or internal components.
18 3. The dire ctor may by rule identify additional prod ucts by category or use that
19 shall not be sold, offered for sale, or distributed for sale in this state if they contain
20 intentionally added PF AS and designate effective dates. A pr ohibition adopted under
21 this subsection shall be effective no earlier than January 1, 2027, and no later than
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22 January 1, 2033. The dir ector shall prioritize the pr ohibition of the sale of pr oduct
23 categories that, in the dir ector's judgment, are most likely to contaminate or harm this
24 state's envir onment and natural r esources if they contain intentionally added PF AS.
25 4. Beginning January 1, 2033, a person shall not sell, offer for sale, or distribute
26 for sale in this state any pr oduct that contains intentionally added PF AS unless the
27 dir ector has determined by rule that the use of PF AS in the prod uct is a curr ently
28 unavoidable use. The dir ector may specify specific prod ucts or prod uct categories for
29 which the dir ector has determined the use of PF AS is a curren tly unavoidable use. The
30 dir ector shall not determine that the use of PF AS in a pr oduct is a curr ently unavoidable
31 use if the pr oduct is listed in subsection 1 of this section.
32 5. Unless the dir ector of the department of agricultur e appr oves the action, the
33 dir ector shall not take action under subsection 2 or 3 of this section with res pect to the
34 following:
35 (1) A pesticide, as defined under section 281.020;
36 (2) A fertilizer , as defined under section 266.291;
37 (3) An agricultural liming material, as defined in section 266.505;
38 (4) A soil conditioner , as defined under section 266.361; or
39 (5) A plant amendment, as such term is used in sections 281.010 to 281.1 15 of the
40 "Missouri Pesticide Use Act".
640.1705. 1. The pr ovisions of sections 640.1700 to 640.1706 shall not apply to
2 any law or regu lation rel ating to PF AS in food packaging and fir e suppr ession foam for
3 fir efighters.
4 2. In the enfor cement of sections 640.1700 to 640.1706, the dir ector may
5 coordinate with the department of agricultur e, department of commer ce and insurance,
6 and department of health and senior services, as needed.
7 3. Any person who wilfully violates the pr ovisions of sections 640.1700 to
8 640.1706, or any rule or order issued or adopted by the dir ector rega rding prod ucts
9 containing intentionally added PF AS, shall be guilty of a misdemeanor and, upon
10 conviction, shall be fined not mor e than five hundr ed dollars or imprisoned for not mor e
11 than one year , or be subject to both fine and imprisonment. It shall be the duty of any
12 pr osecuting attorney to whom any violation of sections 640.1700 to 640.1706 is r eported
13 to cause appr opriate pro ceedings to be instituted and pro secuted in a court of competent
14 jurisdiction without delay .
640.1706. 1. The dir ector shall establish by rule a fee payable by a manufactur er
2 to the dir ector upon submission of information re quir ed under section 640.1701 to cover
3 the department's r easonable costs to implement the pr ovisions of sections 640.1700 to
4 640.1706.
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5 2. The director may pro mulgate all necessary rules and regul ations for the
6 administration of sections 640.1700 to 640.1706. Any rule or portion of a rule, as that
7 term is defined in section 536.010, that is creat ed under the authority delegated in this
8 section shall become effective only if it complies with and is subject to all of the
9 pr ovisions of chapter 536 and, if applicable, section 536.028. This section and chapter
10 536 are nonseverable and if any of the powers vested with the general assembly
11 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
12 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
13 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
✔
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