New Hampshire, USA, Regulates PFAS in Certain Consumer Goods

New Hampshire has become the latest state in the US to ban PFAS in certain consumer products. The prohibitions will become effective on January 1, 2027.

On August 2, 2024, the governor of New Hampshire signed HB 1649 (Chapter 349, the Act) into law to regulate per- and polyfluoroalkyl substances (PFAS) in a wide variety of consumer goods.

Highlights of the Act are summarized in Table 1.

Table 1

¹Exempts, among other things, second-hand products and products made with at least 85% recycled content.

²The Department of Environmental Services (DES) may request a certificate attesting that a product is in compliance.

The Act also prohibits intentionally added PFAS in cosmetics and feminine hygiene products. While many US states have enacted PFAS prohibitions in a variety of consumer products, one notable deviation about this new law is its utilized PFAS definition. While most existing US states consider any fluorinated chemical containing at least one fully fluorinated carbon atom under its PFAS definition, New Hampshire HB 1649 references the PFAS definition as set under the US EPA PFAS reporting rule (SG 133/23), which is a smaller and more defined scope.

SGS Helps Enterprises Tackle PFAS Regulatory Challenges

As a global leader in testing, inspection, and certification, SGS provides a range of professional services in the field of PFAS regulation, assisting enterprises in meeting increasingly stringent regulatory requirements and market challenges.

PFAS Testing Services

SGS's PFAS testing capabilities cover commonly used PFAS substances in the industry and comply with more comprehensive regulatory requirements. The PFAS testing services offered include, but are not limited to:

Target Substance Analysis: Accurate and precise detection of specific PFAS substances to assess potential environmental contamination and health risks.

High-Risk Testing Point Assessment: Identifying and evaluating potential high-risk points in products or production processes to ensure compliance with regulatory requirements.

Total Fluorine Screening and Total Organic Fluorine Screening: Providing rapid screening services to help enterprises gain an initial understanding of the PFAS content and types in their products.

Green Mark PFAS Assessment Services

SGS can conduct testing and evaluation for hundreds of PFAS substances and requires clients to provide a Bill of Materials (BOM) or sign a declaration form to confirm compliance of the fluorinated polymers claimed in their products.

Once certified, the Green Mark label can be displayed on products, packaging, or marketing materials. Scanning the QR code on the label allows for verification of the certification's validity at any time.

Supply Chain Management

SGS can assist enterprises in developing supply chain PFAS control plans, ensuring that the entire chain from raw material procurement to product production and sales complies with relevant regulations and standards. SGS also collaborates with enterprises to continuously monitor the effectiveness of PFAS control measures and make necessary improvements based on market and regulatory changes.

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