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PRIOR PRINTER'S NO. 2770 PRINTER'S NO. 3517
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2145
Session of
2026
INTRODUCED BY SCOTT, MIHALEK, KHAN, MUNROE, SANCHEZ, STEELE,
BRENNAN, McNEILL, PIELLI, RABB, PROBST, HILL-EVANS, WAXMAN,
DONAHUE, HANBIDGE, HOHENSTEIN, MERSKI, GUENST, SHUSTERMAN,
RIVERA, D. WILLIAMS, BELLMON, O'MARA, VITALI, CURRY, BOYD,
CIRESI, SALISBURY, DOUGHERTY, BOROWSKI, GREEN, MALAGARI,
GAYDOS, FRANKEL, ISAACSON AND TIBURCIO, JANUARY 15, 2026
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 3, 2026
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, providing for consumer protection and
prohibiting the use of perfluoroalkyl and polyfluoroalkyl
substances in certain products; imposing powers and duties on
the Department of Environmental Protection; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 12 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART VI
CONSUMER PROTECTION
Chapter
71. PFAS Chemicals
CHAPTER 71
PFAS CHEMICALS
Subchapter
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A. General Provisions
B. Administration and Enforcement
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
7101. Scope of chapter.
7102. Definitions.
§ 7101. Scope of chapter.
This chapter relates to the prohibition of PFAS chemicals in
certain products.
§ 7102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult mattress." A mattress other than a crib mattress or
toddler mattress.
"Cosmetic." As defined in section 2 of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
"Covered product." Any of the following:
(1) A cosmetic.
(2) Dental floss.
(3) A juvenile product.
(4) A menstrual product.
"Dental floss." A waxed or unwaxed thread used to remove
food particles and plaque from between the teeth and under the
gums.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Intentionally added PFAS chemical." Any of the following:
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(1) A PFAS chemical that is added to a product, or a
component of a product, and has a functional or technical
effect on the product. The term includes the components of a
PFAS chemical and a PFAS chemical that is the intentional
product of an added chemical.
(2) A PFAS chemical that is used or produced during the
manufacture or processing of a product and introduced into or
onto the product. The term includes any source of a PFAS
chemical that is reasonably known to be present, including
the use of a processing agent, a mold release agent or
fluorination.
"Juvenile product." As follows:
(1) A product that is designed for use by an infant or
child under 12 years of age.
(2) The term includes a baby or toddler foam pillow,
bassinet, bedside sleeper, booster seat, changing pad, child
restraint system for use in motor vehicles or aircraft, co-
sleeper, crib mattress, floor playmat, highchair, highchair
pad, infant bouncer, infant carrier, infant seat, infant
sleep positioner, infant swing, infant travel bed, infant
walker, nap cot, nursing pad, nursing pillow, playmat,
playpen, play yard, polyurethane foam mat, pad or pillow,
portable foam nap mat, portable infant sleeper, portable
hook-on chair, soft-sided portable crib, stroller or toddler
mattress.
(3) The term does not include:
(i) An electronic product, including 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
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mouse, keyboard, power supply unit or power cord.
(ii) An all-terrain vehicle or ATV as defined in 75
Pa.C.S. § 7702 (relating to definitions).
(iii) A dirt bike as defined in 75 Pa.C.S. § 3722
(relating to off-road vehicles in urban municipalities).
(iv) A pedalcycle with electric assist as defined in
75 Pa.C.S. § 102 (relating to definitions).
(v) A snowmobile as defined in 75 Pa.C.S. § 7702.
(vi) A medical device.
(vii) An adult mattress.
"Manufacturer." As follows:
(1) A person that manufactures a product or whose brand
name is affixed to a product.
(2) In the case of a product imported into the United
States, the term includes the importer or first domestic
distributor of the product if the person that manufactured or
assembled the product or whose brand name is affixed to the
product does not have a presence in the United States.
"Medical device." As the term "device" is defined in 21
U.S.C. § 321(h) (relating to definitions; generally).
"Menstrual product." As follows:
(1) A product that is used to collect menstruation and
vaginal discharge.
(2) The term includes a tampon, pad, sponge,
menstruation underwear, disk or menstrual cup, whether
disposable or reusable.
"PFAS chemical." A substance that contains a member of the
class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom, including perfluoroalkyl and
polyfluoroalkyl substances.
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"Product." As follows:
(1) An item that is manufactured, assembled, packaged or
otherwise prepared for sale to consumers, including the
item's product components, sold or distributed for personal,
residential, commercial or industrial use, including for use
in making other products.
(2) The term does not include:
(i) A used product that is offered for sale or
resale.
(ii) A pharmaceutical that has been approved by the
United States Food and Drug Administration under section
505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. § 355).
(iii) A medical device that has been approved by the
United States Food and Drug Administration under section
515 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. § 360e) or cleared under section 510(k) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. §
360(k)).
(iv) A product for which Federal law governs the
presence of PFAS chemicals in the product in a manner
that preempts state authority.
"Product component." An identifiable component of a product,
regardless of whether the manufacturer of the product is the
manufacturer of the component.
SUBCHAPTER B
ADMINISTRATION AND ENFORCEMENT
Sec.
7111. Prohibition of PFAS chemicals for covered products.
7112. Enforcement of prohibition AND PENALTIES .
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7113. Penalties.
7114. Rules and regulations.
§ 7111. Prohibition of PFAS chemicals for covered products.
(a) Covered products generally.--Beginning January 1, 2028,
a person may not manufacture, sell or offer for sale in this
Commonwealth, a covered product that contains an intentionally
added PFAS chemical.
(b) Certificate of compliance.--
(1) A manufacturer of a covered product shall provide
persons who offer the covered product for sale in this
Commonwealth with a certificate of compliance stating that
the covered product is in compliance with the requirements of
this chapter and does not contain an intentionally added PFAS
chemical.
(2) A certificate of compliance under this subsection:
(i) Shall be signed by an authorized official of the
manufacturer.
(ii) May be provided electronically.
(3) A distributor or retailer of a covered product, if
not also the manufacturer of the covered product, is not in
violation of this chapter if the distributor or retailer
relied in good faith on the certificate of compliance
provided by the manufacturer under this subsection.
(c) Noncompliance notification.--
(1) No later than July 1, 2027, the manufacturer of a
covered product or product component containing an
intentionally added PFAS chemical that is sold, offered for
sale, distributed or offered for promotional purposes in or
imported into this Commonwealth shall notify each vendor,
purveyor or supplier of the covered product or product
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component containing the intentionally added PFAS chemical
and its lack of compliance with law.
(2) The manufacturer shall obtain written confirmation
from each vendor, purveyor or supplier's owner or member of
senior management that the notification was received and
acknowledged.
(d) Applicability.--This section shall not apply to the sale
or resale of a used product.
§ 7112. Enforcement of prohibition AND PENALTIES .
If the department has reason to believe that a covered
product contains an intentionally added PFAS chemical and is
being distributed, sold or offered for sale in violation of
section 7111(a) (relating to prohibition of PFAS chemicals for
covered products), the department may direct the manufacturer of
the product to, within 30 days of the discovery:
(1) provide the department with a statement attesting
that the covered product does not contain an intentionally
added PFAS chemical; or
(2) notify persons that sell the covered product in this
Commonwealth that the sale of the covered product is
prohibited in this Commonwealth and provide the department
with a list of the names and addresses of the persons
notified.
§ 7113. Penalties.
A violation of this chapter constitutes an unfair method of
competition and unfair or deceptive act or practice within the
meaning of section 2(4) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, and shall be subject to the enforcement
provisions, civil penalties and private rights of action
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contained in that act.
§ 7114. Rules and regulations.
The department shall adopt or promulgate rules or regulations
necessary to implement, administer and enforce this chapter.
Section 2. This act shall take effect immediately.
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