Requires producer of certain firefighting equipment containing perfluoroalkyl and polyfluoroalkyl substances to provide written notice to purchaser; prohibits sale, manufacture, and distribution of certain firefighting equipment containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.

A1328

ASSEMBLY, No. 1328

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Assemblyman GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Co-Sponsored by:

Assemblymen Hutchison, Stanley, Assemblywomen McCoy, Swain
and Assemblyman Tully

SYNOPSIS

���� Requires producer of certain firefighting equipment
containing perfluoroalkyl and polyfluoroalkyl substances to provide written
notice to purchaser; prohibits sale, manufacture, and distribution of certain
firefighting equipment containing intentionally added perfluoroalkyl and
polyfluoroalkyl substances.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning perfluoroalkyl and polyfluoroalkyl substances in firefighting
personal protective equipment and supplementing Title 56 of the Revised Statutes.

����
Be It Enacted

by the Senate and General Assembly of the State of New Jersey:

���� 1.� As used in this act:

���� �Firefighting personal
protective equipment� means any clothing or wearable items designed, intended,
or marketed to be worn by firefighting personnel in the performance of their
duties that are designed for use in fire and rescue activities, including, but
not limited to, jackets, pants, footwear, gloves, helmets, and respiratory
equipment.

���� �Intentionally added PFAS� means
PFAS added to a product or intentionally used during the development of a
product or one of its product components to provide a specific characteristic,
appearance, or quality, or to perform a specific function.� �Intentionally
added PFAS� includes any degradation byproducts of PFAS.� �Intentionally added
PFAS� shall not include any technically unavoidable trace quantity of PFAS,
which stems from impurities in the ingredients of the product, or from the
manufacturing process, storage, or packaging of the product.

����
�Perfluoroalkyl
and polyfluoroalkyl substances� or �PFAS�
means the same as defined in
subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).

���� 2.� a.� For the purposes of
this section, a person shall be considered a producer of a piece of
firefighting personal protective equipment if the person meets one of the
following criteria:

���� (1) the person manufactures the
firefighting personal protective equipment and owns, or is the licensee of, the
brand or trademark under which the firefighting personal protective equipment
is used in a commercial enterprise, sold, offered for sale, or distributed in
the State;

���� (2) if there is no person in
the State who is the producer pursuant to paragraph (1) of this subsection, the
producer shall be the owner, or, if the owner is not in the State, the
exclusive licensee of, a brand or trademark under which the firefighting
personal protective equipment is used in a commercial enterprise, sold, offered
for sale, or distributed in the State.� As used in this paragraph,
"licensee" means a person holding the exclusive right to use a
trademark or brand in the State in connection with the manufacture, sale, or
distribution of a product; or

���� (3) if there is no person in
the State who is the producer pursuant to paragraphs (1) or (2) of this
subsection, the producer shall be the person who first sells the firefighting
personal protective equipment in the State.

���� b.�
Beginning
one year after the effective date of
this
act
, a producer that sells

firefighting personal protective equipment containing
intentionally added PFAS shall provide written notice to the purchaser at the
time of sale stating:

���� (1)
that the firefighting personal protective equipment contains intentionally
added PFAS;

���� (2)
the reason for which the firefighting personal protective equipment contains
intentionally added PFAS; and

���� (3)
the specific intentionally added PFAS contained within the product, listed by
chemical name and abbreviated name.

���� c.�
A producer that sells firefighting personal protective equipment containing
intentionally added PFAS and the purchaser of the firefighting personal
protective equipment containing intentionally added PFAS shall retain a copy of
the written notice provided pursuant to subsection b. of this section for at
least three years from the date of purchase.� Upon request from the
Division
of Consumer Affairs in the Department of Law and Public Safety or the Division
of Fire Safety in the Department of Community Affairs
,
the producer or purchaser shall furnish the written notice, or a copy of the
written notice, and associated sales documentation to the applicable entity
within 30 days of the request.

���� d.�
A violation of the provisions of subsection b. of this section shall constitute
an unlawful practice for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), and
the violator shall be subject to all remedies and penalties available pursuant
to P.L.1960, c.39 (C.56:8-1 et seq.).

���� 3.
�a.�
Except as provided in subsection c. of this section, b
eginning two years
after the effective date of
this act
, no
person shall sell, offer for sale, manufacture, or distribute for sale or use
in the State any firefighting personal protective equipment containing
intentionally added PFAS.

���� b.� A violation of the
provisions of subsection a. of this section shall constitute an unlawful
practice for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), and the
violator shall be subject to all remedies and penalties available pursuant to
P.L.1960, c.39 (C.56:8-1 et seq.).

���� c.� The provisions of this
section shall not apply to non-clothing personal protective equipment,
including self-contained breathing apparatuses and other respiratory protection
products, hearing protection products, and protective communication devices,
until January 1, 2032.

���� 4.� Nothing in this act shall
be construed to impose liability on any news media that accept or publish
advertising for any product that would otherwise be subject to the provisions
of this act.

���� 5.� This act shall take effect
immediately.

STATEMENT

����� This bill would require producers of firefighting
personal protective equipment containing intentionally added perfluoroalkyl and
polyfluoroalkyl substances (PFAS) to provide written notice to the purchaser to
inform the purchaser that the product contains intentionally added PFAS.� The bill
would also prohibit the sale, manufacture, and distribution of firefighting
personal protective equipment containing intentionally added PFAS.

����� The bill would require written notices to be provided
beginning one year after the bill�s effective date.� The bill would also
require that the written notice state: (1) that the firefighting personal
protective equipment contains intentionally added PFAS; (2) the reason for
which the firefighting personal protective equipment contains intentionally
added PFAS; and (3) the specific PFAS contained within the product, listed by
chemical name and abbreviated name.� The bill would require both the producer
and the purchaser to retain a copy of the written notice for at least three
years from the date of purchase.� Upon request from the Division of Consumer
Affairs in the Department of Law and Public Safety, or the Division of Fire
Safety in the Department of Community Affairs, the producer or purchaser would
be required to furnish the written notice, or a copy of the written notice, and
associated sales documentation to the requesting agency within 30 days of the
request.� The bill would establish provisions to determine who is to be
considered the producer of a given piece of firefighting personal protective
equipment, based on whether the person is the manufacturer, brand-holder, or
first seller of the equipment.

����� The bill would also prohibit, beginning two years
after the bill�s effective date, the sale, manufacture, and distribution of
firefighting personal protective equipment containing intentionally added PFAS
within the State.�

����� A violation of the bill�s provisions
would be an unlawful practice under the consumer fraud act,
P.L.1960, c.39 (C.56:8-1 et seq.). An unlawful practice is punishable by a
monetary penalty of not more than $10,000 for a first offense and not more than
$20,000 for any subsequent offense.� In addition, a violation can result in
cease and desist orders issued by the Attorney General, the assessment of
punitive damages, and the awarding of treble damages and costs to the injured.