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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3512
Sponsored by Representative NERON, Senator PATTERSON
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act prohibits the sale of certain products that contain PFAS. (Flesch Readability
Score: 72.6).
Prohibits the distribution or sale of certain covered products that contain intentionally added
perfluoroalkyl or polyfluoroalkyl substances. Requires a manufacturer of covered products to pro-
vide a certificate of compliance to persons that sell or distribute covered products in this state.
Authorizes the Attorney General to investigate and bring an action to obtain an injunction or
a civil penalty for violations of the Act.
Becomes operative on January 1, 2027.
A BILL FOR AN ACT
Relating to PFAS.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
As used in sections 1 to 4 of this 2025 Act:
(1) “Air care product” means a consumer product sold for the purpose of eliminating
unpleasant odors from the air.
(2) “Artificial turf” means a synthetic material that simulates the appearance of turf
grass.
(3)(a) “Automotive maintenance product” means a consumer product sold for the purpose
of maintaining the appearance of a motor vehicle, including products for washing, waxing,
polishing, cleaning or treating the exterior or interior surfaces of motor vehicles.
(b) “Automotive maintenance product” does not include automotive paint or automotive
paint repair products.
(4) “Cleaning product’” means an air care product, automotive maintenance product,
general cleaning product or a polish or floor maintenance product.
(5) “Cookware” means durable items used to prepare, store or serve food or beverages,
including but not limited to pots, pans, skillets, grills, baking sheets, baking molds, trays,
bowls, food storage containers and cooking utensils.
(6)(a) “Cosmetic” means a product intended to be rubbed, poured, sprinkled, sprayed on,
introduced into or otherwise applied to the human body, or any part thereof, for cleansing,
beautifying, promoting attractiveness or altering an individual’s appearance.
(b) “Cosmetic” does not include soap.
(7) “Covered product” means any of the following products, including any of the products’
components:
(a) Aqueous film-forming foam;
(b) Artificial turf;
(c) Cleaning products;
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1708
HB 3512
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(d) Carpets or rugs;
(e) Cookware;
(f) Cosmetics;
(g) Dental floss;
(h) Fabric treatments;
(i) Packaging;
(j) Juvenile products;
(k) Menstrual products;
(L) Refrigerators;
(m) Textile articles; or
(n) Ski wax.
(8) “Fabric treatment” means a substance applied to fabric to give the fabric one or more
characteristics, including but not limited to stain resistance or water resistance.
(9) “General cleaning product” means a soap, detergent or other consumer product sold
for the purpose of cleaning or disinfecting fabric, dishes or other foodwares or household or
institutional surfaces.
(10) “Intentionally added perfluoroalkyl or polyfluoroalkyl substance” means a
perfluoroalkyl or polyfluoroalkyl substance found in or on a covered product:
(a) That serves an intended function in the covered product;
(b) That is the intended result of a chemical reaction during the manufacture of the
covered product; or
(c) That is a by-product of a process used to manufacture the covered product, including
the use of processing agents, mold release agents or fluorination, if the manufacturer knew
or should have known that the process would introduce the perfluoroalkyl or polyfluoroalkyl
substance into or on the covered product.
(11)(a) “Juvenile product” means a product designed for use by infants and children under
12 years of age.
(b) “Juvenile product” does not include:
(A) A consumer electronic product, including but not limited to a personal computer,
audio and video equipment, calculator, wireless phone, game console, handheld device incor-
porating a video screen or any associated peripheral such as a mouse, keyboard, power sup-
ply unit or power cord.
(B) A medical device.
(C) A mattress designed for use by an adult.
(12) “Manufacturer” means:
(a) The person that manufactures a product;
(b) The person whose brand name is affixed to a product;
(c) The importer of a product; or
(d) The first domestic distributor of a product.
(13) “Medical device” means a device, as defined in 21 U.S.C. 321(h) as in effect on the
effective date of this 2025 Act.
(14) “Menstrual product” means a product used to collect menstruation and vaginal dis-
charge, including but not limited to tampons, pads, sponges, menstruation underwear, disks
and menstrual cups.
(15) “Packaging” means:
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(a) A package or container that provides a means of marketing, protecting or handling
a product; or
(b) An individually assembled component of a package or container, such as any interior
or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, clo-
sures or inks.
(16) “Perfluoroalkyl or polyfluoroalkyl substance” means a substance included in a class
of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, also
commonly known as PFAS.
(17) “Polish or floor maintenance product” means a polish, wax, restorer or similar con-
sumer product sold for the purpose of polishing, protecting, buffing, conditioning, temporar-
ily sealing or maintaining furniture, floors, metal, leather or other surfaces.
(18) “Ski wax” means a lubricant applied to the bottom of snow runners, skis and
snowboards to improve their grip or glide properties, and related tuning products.
(19) “Textile” means an item made in whole or part from a natural or synthetic fiber,
yarn or fabric, including but not limited to leather, cotton, silk, jute, hemp, wool, viscose,
nylon or polyester.
(20)(a) “Textile article” means textile goods of a type customarily and ordinarily used in
households and businesses, including but not limited to apparel, accessories, handbags,
backpacks, draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins and
tablecloths.
(b) “Textile article” does not include:
(A) Personal protective equipment; or
(B) Clothing items for exclusive use by members of the United States military.
SECTION 2.
(1) A person may not manufacture, sell, offer for sale or distribute in or into
this state a new covered product that contains an intentionally added perfluoroalkyl or
polyfluoroalkyl substance.
(2) A manufacturer of a covered product shall provide to a person that offers a covered
product for sale in this state with a certificate of compliance stating that the covered prod-
uct does not contain any intentionally added perfluoroalkyl or polyfluoroalkyl substances. A
certificate of compliance must be signed by an authorized official of the manufacturer that
issued the certificate. A certificate of compliance may be provided electronically.
(3) This section does not apply to the sale or resale of used covered products.
SECTION 3.
(1) If it appears to the Attorney General that a manufacturer has pos-
session, custody or control of any information, document or other material that is relevant
to an investigation of a violation of section 2 (1) of this 2025 Act, or that could lead to the
discovery of relevant information in an investigation of a violation of section 2 (1) of this 2025
Act, the Attorney General may execute an investigative demand and may cause an investi-
gative demand to be served upon the manufacturer. The investigative demand may require
the manufacturer:
(a) To appear and testify under oath at the time and place stated in the investigative
demand;
(b) To answer written interrogatories; or
(c) To produce relevant documentary material or physical evidence for examination at
the time and place stated in the investigative demand.
(2) An investigative demand under this section shall be served in the manner provided
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by ORS 646.622 and may be enforced in the manner provided by ORS 646.626.
(3) At any time before the return date specified in an investigative demand, or within 20
days after the demand has been served, whichever period is shorter, a petition to extend the
return date, or to modify or set aside the demand, stating good cause including privileged
material, may be filed in the appropriate court.
(4) Information submitted to the Attorney General under this section that is a trade se-
cret, as defined in ORS 192.345, is confidential and is not subject to public disclosure under
ORS 192.311 to 192.478.
SECTION 4.
(1) The Attorney General may bring a civil action in the name of the state
in any court of appropriate jurisdiction to:
(a) Obtain an injunction to restrain violations of section 2 (1) of this 2025 Act; or
(b) Impose a civil penalty under subsection (2) of this section for violations of section 2
(1) of this 2025 Act.
(2) In addition to any other penalty provided by law, a person that violates section 2 (1)
of this 2025 Act incurs a civil penalty not to exceed $5,000 for a first violation of section 2
(1) of this 2025 Act and $10,000 for any subsequent violation. A violation consists of a single
course of conduct with regard to an entire line of covered products that are manufactured,
sold or offered for sale or distributed in or into this state.
(3) In any civil action under this section, there is a rebuttable presumption that the
presence of total fluorine in a covered product indicates that the covered product contains
an intentionally added perfluoroalkyl or polyfluoroalkyl substance.
(4) It is a defense to an action to impose a civil penalty under this section that a retailer
or distributor that violated section 2 (1) of this 2025 Act relied in good faith on a certificate
of compliance issued in compliance with section 2 (2) of this 2025 Act.
(5) A civil penalty recovered under this section shall be deposited in the General Fund.
SECTION 5.
Sections 1 to 4 of this 2025 Act become operative on January 1, 2027.
SECTION 6. Section 1 of this 2025 Act is amended to read:
Sec. 1. As used in sections 1 to 4 of this 2025 Act:
(1) “Air care product” means a consumer product sold for the purpose of eliminating unpleasant
odors from the air.
(2) “Artificial turf” means a synthetic material that simulates the appearance of turf grass.
(3)(a) “Automotive maintenance product” means a consumer product sold for the purpose of
maintaining the appearance of a motor vehicle, including products for washing, waxing, polishing,
cleaning or treating the exterior or interior surfaces of motor vehicles.
(b) “Automotive maintenance product” does not include automotive paint or automotive paint
repair products.
(4) “Cleaning product’” means an air care product, automotive maintenance product, general
cleaning product or a polish or floor maintenance product.
(5) “Cookware” means durable items used to prepare, store or serve food or beverages, including
but not limited to pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, food storage
containers and cooking utensils.
(6)(a) “Cosmetic” means a product intended to be rubbed, poured, sprinkled, sprayed on, intro-
duced into or otherwise applied to the human body, or any part thereof, for cleansing, beautifying,
promoting attractiveness or altering an individual’s appearance.
(b) “Cosmetic” does not include soap.
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(7) “Covered product” means any of the following products, including any of the products’ com-
ponents:
(a) Aqueous film-forming foam;
(b) Artificial turf;
(c) Cleaning products;
(d) Carpets or rugs;
(e) Cookware;
(f) Cosmetics;
(g) Dental floss;
(h) Fabric treatments;
(i) Packaging;
(j) Juvenile products;
(k) Menstrual products;
(L) Refrigerators;
(m) Textile articles; [or]
(n) Ski wax[ .]; or
(o) Outdoor apparel for severe wet conditions.
(8) “Fabric treatment” means a substance applied to fabric to give the fabric one or more
characteristics, including but not limited to stain resistance or water resistance.
(9) “General cleaning product” means a soap, detergent or other consumer product sold for the
purpose of cleaning or disinfecting fabric, dishes or other foodwares or household or institutional
surfaces.
(10) “Intentionally added perfluoroalkyl or polyfluoroalkyl substance” means a perfluoroalkyl or
polyfluoroalkyl substance found in or on a covered product:
(a) That serves an intended function in the covered product;
(b) That is the intended result of a chemical reaction during the manufacture of the covered
product; or
(c) That is a by-product of a process used to manufacture the covered product, including the use
of processing agents, mold release agents or fluorination, if the manufacturer knew or should have
known that the process would introduce the perfluoroalkyl or polyfluoroalkyl substance into or on
the covered product.
(11)(a) “Juvenile product” means a product designed for use by infants and children under 12
years of age.
(b) “Juvenile product” does not include:
(A) A consumer electronic product, including but not limited to a personal computer, audio and
video equipment, calculator, wireless phone, game console, handheld device incorporating a video
screen or any associated peripheral such as a mouse, keyboard, power supply unit or power cord.
(B) A medical device.
(C) A mattress designed for use by an adult.
(12) “Manufacturer” means:
(a) The person that manufactures a product;
(b) The person whose brand name is affixed to a product;
(c) The importer of a product; or
(d) The first domestic distributor of a product.
(13) “Medical device” means a device, as defined in 21 U.S.C. 321(h) as in effect on the effective
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date of this 2025 Act.
(14) “Menstrual product” means a product used to collect menstruation and vaginal discharge,
including but not limited to tampons, pads, sponges, menstruation underwear, disks and menstrual
cups.
(15)(a) “Outdoor apparel for severe wet conditions” means outdoor apparel that is:
(A) Designed to provide protection against extended exposure to extremely wet conditions
or extended immersion in water in order to protect the health and safety of the user; and
(B) Designed for use by and marketed to expert or professional users.
(b) “Outdoor apparel for severe wet conditions” does not include clothing items for ex-
clusive use by members of the United States military.
[(15)] (16) “Packaging” means:
(a) A package or container that provides a means of marketing, protecting or handling a prod-
uct; or
(b) An individually assembled component of a package or container, such as any interior or ex-
terior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures or inks.
[(16)] (17) “Perfluoroalkyl or polyfluoroalkyl substance” means a substance included in a class
of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, also com-
monly known as PFAS.
[(17)] (18) “Polish or floor maintenance product” means a polish, wax, restorer or similar con-
sumer product sold for the purpose of polishing, protecting, buffing, conditioning, temporarily sealing
or maintaining furniture, floors, metal, leather or other surfaces.
[(18)] (19) “Ski wax” means a lubricant applied to the bottom of snow runners, skis and
snowboards to improve their grip or glide properties, and related tuning products.
[(19)] (20) “Textile” means an item made in whole or part from a natural or synthetic fiber, yarn
or fabric, including but not limited to leather, cotton, silk, jute, hemp, wool, viscose, nylon or
polyester.
[(20)(a)] (21)(a) “Textile article” means textile goods of a type customarily and ordinarily used
in households and businesses, including but not limited to apparel, accessories, handbags, backpacks,
draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins and tablecloths.
(b) “Textile article” does not include:
(A) Personal protective equipment; or
(B) Clothing items for exclusive use by members of the United States military.
SECTION 7.
The amendments to section 1 of this 2025 Act by section 6 of this 2025 Act
become operative on January 1, 2028.
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