Manufacturers are struggling to verify the status of their products against this broad range of requirements at both state and federal levels. And it’s difficult to control product distribution at the individual state level, especially for high-volume products. All of this means that manufacturers feel as though they are forced to prioritize which states’ regulations to focus on, which ultimately increases the risk of non-compliance and limits the ability to provide required data. Or worse, they may end up bombarding their suppliers with countless requests for information tailored to each individual regulation, resulting in supplier fatigue and low response rates. 

Manufacturers need a more practical solution: enter the Toxic Substances Control Act (TSCA) Inventory approach. This logical, risk-based approach involves addressing data based on the PFAS that are included on the TSCA Inventory and, therefore, are being actively used in U.S. commerce. Any PFAS used in an individual state would also need to be listed by TSCA, so collecting data one time against the TSCA Inventory will yield information that can be used for both federal- and state-level requirements, reducing supplier fatigue and the need for countless lists and databases. 

Once you’ve determined the status of PFAS in your products, you need to determine your strategy for complying with the various state and federal regulations where you’re selling products. Here are a few important state PFAS reporting issues to keep an eye on. 

Maine PFAS Requirements

The state of Maine is viewed as a leader of PFAS legislation for products in the U.S.

• In 2021, Maine became the first state to ban non-essential use of PFAS in ALL products, beginning in 2030.
• Maine will also enact a reporting obligation for all products sold in the state with intentionally-added PFAS chemicals.

California PFAS Requirements

California is another state leading the way in addressing the concerns about PFAS in the U.S.

• The state is taking a number of steps to address PFAS in products and has enacted numerous regulations to disclose, control, or restrict the use of PFAS in many products including apparel, cosmetics, cookware, fire fighting foam, packaging, juvenile products, carpets, and rugs, among others.
• Several PFAS chemicals are also included in the list of substances subject to California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) warning requirements.

Minnesota PFAS Requirements

Minnesota is committed to protecting its residents from the harmful effects of PFAS and has followed some of the broad actions implemented by the state of Maine.

• Minnesota will enact a reporting obligation for all products sold in the state with intentionally-added PFAS chemicals.
• Minnesota is also enacting restrictions on the use of PFAS in a wide variety of products, including carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, or upholstered furniture, among others.

Michigan PFAS Requirements

Michigan has also brought forth restrictions related to PFAS in various products.

• Like many other states, PFAS are restricted from food packaging and also prohibit the use of PFAS in many types and applications of fire-fighting foams.
• Michigan is one of many states providing funding for PFAS cleanup and remediation.

Vermont PFAS Requirements

Vermont has legislated reporting and restrictions for some PFAS chemicals. 

• Vermont requires reporting of some PFAS chemicals if they’re present in children’s products
• The state also restricts the use of PFAS in some products, including food packaging among others.

Washington PFAS Requirements

The state of Washington is significantly reducing the use of PFAS in a variety of products.

• Washington has been aggressively limiting the use of PFAS in specific products like cosmetics, packaging materials, and fire-fighting foams, among others.
• The state has also called out PFAS as a Priority Chemical Class under their “Safer Products for Washington” law, which will result in restrictions against their use in additional products.
• The state also provides funding for PFAS cleanup/remediation efforts.

Colorado PFAS Requirements

Colorado has a number of regulations related to the PFAS family of chemicals.

• Colorado already has numerous regulations in effect regarding PFAS, including enacting product-level restrictions for several groups including children’s products, carpets and rugs, paper-based food packaging, and personal care products (including cosmetics), among others.
• The state has also enacted specific rules regarding labeling of “PFAS-free” cookware products to minimize misleading consumers when one specific PFAS is absent but others are present (e.g., “PFOA-free”)

Proactively Mitigate PFAS Reporting Risks

Identifying and reporting PFAS in a supply chain, along with finding, sourcing, and qualifying potential replacements, can make the task of product compliance seem daunting. Fortunately, Assent’s PFAS solution provides time-saving, cost-effective solutions to help companies ensure their manufacturing operations remain compliant.

• The software maintains records of substances present in parts and products in alignment with reporting requirements under TSCA Section 8(a)(7), as well as state-level PFAS regulations within the U.S.
• Users can campaign suppliers and filter by parts, products, suppliers, or regulations (where available) within the Assent Sustainability Manager. 
• The software offers visibility into supplier, product, and part-level details; automated declaration creation and cross-referenced validation; and standard detailed substance reporting.