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AB1191: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0147/1
MCP:emw
2025 ASSEMBLY BILL 1191
March 19, 2026 - Introduced by Representative
Palmeri
, cosponsored by Senators
Pfaff
and
Habush Sinykin
. Referred to Committee on Environment.
AB1191,1,2
1
An Act
to create
299.485 of the statutes;
relating to:
banning products
2
containing intentionally added PFAS and providing a penalty.
Analysis by the Legislative Reference Bureau
Beginning January 1, 2032, this bill prohibits the sale or distribution of certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), including food packaging, cleaning products, cosmetics, and textile furnishings. The bill prohibits the sale or distribution of all products containing intentionally added PFAS beginning January 1, 2038. The bill provides certain exemptions to this ban, including by allowing the Department of Natural Resources to identify, by rule, products in which the use of PFAS is an unavoidable use.
The bill allows DNR to require manufacturers to test certain products for PFAS. A person that violates the prohibition on sales and distribution is subject to a civil forfeiture of $100 for each violating product, for each day that the violation continues.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1191,1
1
Section
1
.
299.485 of the statutes is created to read:
AB1191,2,2
2
299.485
Products containing PFAS.
(1)
Definitions.
In this section:
AB1191,2,4
3
(a) “Fabric treatment” means a substance applied to fabric to give the fabric
4
one or more characteristics, such as stain or water resistance.
AB1191,2,12
5
(b) “Food packaging” means a container applied to or providing a means to
6
market, protect, handle, deliver, serve, contain, or store a food or beverage. “Food
7
packaging” includes a unit package, an intermediate package, and a shipping
8
container; unsealed receptacles, such as carrying cases, crates, cups, plates, bowls,
9
pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs; and
10
an individually assembled part of a food package, such as any interior or exterior
11
blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure,
12
ink, and label.
AB1191,2,16
13
(c) “Intentionally added PFAS” means PFAS that are deliberately added
14
during the manufacture of a product where the continued presence of PFAS is
15
desired in the final product or one of the product’s components to perform a specific
16
function.
AB1191,2,20
17
(d) “Juvenile product” means a product designed or marketed for use by
18
infants and children under the age of 12, but does not include an electronic product
19
such as a personal computer, audio and video equipment, calculator, wireless
20
phone, game console, or any associated peripheral.
AB1191,2,22
21
(e) “PFAS” means a fluorinated organic chemical containing at least one fully
22
fluorinated carbon atom.
AB1191,3,2
23
(f) “Textile furnishings” means textile goods of a type customarily used in
1
households and businesses, including draperies, floor coverings, furnishings,
2
bedding, towels, and tablecloths.
AB1191,3,5
3
(g) “Unavoidable use” means a use of PFAS that is protective or beneficial to
4
public health or safety or to the environment and for which there are no feasible
5
alternatives available with a lower risk to public health and the environment.
AB1191,3,8
6
(2)
Prohibitions.
(a) Beginning on January 1, 2032, no person may
7
distribute, sell, or offer for sale any of the following products if the product contains
8
intentionally added PFAS:
AB1191,3,9
9
1. Food packaging, or food products contained in food packaging.
AB1191,3,10
10
2. Carpets or rugs.
AB1191,3,11
11
3. Cleaning products.
AB1191,3,12
12
4. Cookware.
AB1191,3,13
13
5. Cosmetics.
AB1191,3,14
14
6. Dental floss.
AB1191,3,15
15
7. Fabric treatments.
AB1191,3,16
16
8. Juvenile products.
AB1191,3,17
17
9. Menstruation products.
AB1191,3,18
18
10. Textile furnishings.
AB1191,3,19
19
11. Ski wax.
AB1191,3,20
20
12. Upholstered furniture.
AB1191,3,22
21
13. A product for which the manufacturer has failed to provide the
22
information required under sub. (4).
AB1191,4,2
23
(b) The department may, by rule, identify products, in addition to those under
1
par. (a) 1. to 13., by category or use that may not be distributed, sold, or offered for
2
sale, and designate effective dates for such prohibitions.
AB1191,4,5
3
(c) Beginning on January 1, 2038, no person may distribute, sell, or offer for
4
sale any product that contains intentionally added PFAS, unless the department
5
has determined, by rule, that the use of PFAS in the product is an unavoidable use.
AB1191,4,6
6
(3)
Exemptions.
This section does not apply to any of the following:
AB1191,4,8
7
(a) A product for which federal law governs the presence of PFAS in the
8
product in a manner that preempts state law.
AB1191,4,9
9
(b) Firefighting foam regulated under s. 299.48.
AB1191,4,10
10
(c) The sale or resale of a used product.
AB1191,4,13
11
(d) A prosthetic or orthotic device, or any product that is a medical device or
12
drug or that is otherwise used in a medical setting or in medical applications
13
regulated by the U.S. food and drug administration.
AB1191,4,15
14
(e) A product for which the department has determined, by rule, that the use
15
of PFAS in the product is an unavoidable use.
AB1191,4,22
16
(4)
Information required.
(a) On or before January 1, 2032, a
17
manufacturer of a product distributed, sold, or offered for sale that contains
18
intentionally added PFAS shall submit to the department a brief description of the
19
product; the purpose for which PFAS is used in the product; the amount of each
20
type of PFAS in the product; the name, address, and phone number for the
21
manufacturer; and any additional information requested by the department as
22
needed to implement this section.
AB1191,5,3
23
(b) A manufacturer shall submit the information required under par. (a)
1
whenever a new product that contains intentionally added PFAS is distributed,
2
sold, or offered for sale, and shall revise information provided to the department
3
whenever there is a significant change in the information.
AB1191,5,13
4
(5)
Testing; certificate of compliance.
If the department has reason to
5
believe that a product contains intentionally added PFAS and the product is being
6
distributed, sold, or offered for sale, the department may direct the manufacturer of
7
the product to, within 30 days, provide the department with testing results that
8
demonstrate the amount of each of the PFAS in the product. If testing shows that
9
the product does not contain intentionally added PFAS, the manufacturer shall
10
provide the department with the testing results and a certificate attesting that the
11
product does not contain intentionally added PFAS. If testing shows that the
12
product contains intentionally added PFAS, the manufacturer shall provide the
13
department with the testing results and the information required under sub. (4).
AB1191,5,16
14
(6)
Penalty.
A person that violates sub. (2) (a) or (c) shall be subject to a
15
forfeiture of $100 for each violating product, for each day that the violation
16
continues.
AB1191,5,17
17
(end)
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