TRENTON – The Senate Environment and Energy Committee advanced legislation sponsored by its Vice Chair, Senator Linda Greenstein, which would require notice to purchasers of firefighting protective equipment containing perfluoroalkyl and polyfluoroalkyl substances (PFAS), as well as prohibit the sale, manufacturing, and distribution of certain firefighting equipment containing intentionally added PFAS substances.
“Dangerous ‘forever chemicals,’ known as PFAS, have been linked to cancer, immune system issues, and a host of other problems. While we are aware of these negative health consequences, PFAS are still extremely prevalent in the protective equipment used by our state’s firefighters,” said Senator Greenstein (D-Mercer/Middlesex). “This legislation would mandate that manufacturers tell purchasers that their product contains PFAS, and eventually prohibit the chemicals from being included in the equipment whatsoever.”
Under the bill, S-3946, any manufacturer that sells firefighting personal protective equipment, such as jackets, pants, footwear, gloves, helmets, or respiratory equipment containing PFAS would be obligated to provide written notice to the purchaser at the time of sale stating that the firefighting personal protective equipment contains PFAS, the reason for which the firefighting personal protective equipment contains PFAS, and the specific PFAS contained within the product, listed by their chemical and abbreviated names.
This bill would also mandate that both the manufacturer and purchaser of the firefighting personal protective equipment would be obligated to retain a copy of the written notice for at least three years from the date of purchase. The Division of Consumer Affairs in the Department of Law and Public Safety, as well as the Division of Fire Safety in the Department of Community Affairs, would have the right to request the written notice and the associated sales documentation from the manufacturer or purchaser, by which either party would have 30 days to fulfill the request.
Beginning two years after the bill’s effective date, no person would be able to sell, manufacture, or distribute for sale or use in the state any firefighting personal protective equipment containing intentionally added PFAS. A violation of this provision would be unlawful and subject to penalties under the state’s “Consumer Fraud Act.”