PFAS Series | New Hampshire, USA, Regulates PFAS in Certain Consumer Goods

2024.09.03

New Hampshire has officially joined the growing list of states in the U.S. banning per- and polyfluoroalkyl substances (PFAS) in certain consumer products. This significant move took place on August 2, 2024, when the governor signed HB 1649 (Chapter 349) into law. The prohibitions are set to take effect on January 1, 2027.

Overview of the New Legislation

What Does the Act Cover?

The new law places restrictions on the intentional addition of PFAS in a wide range of consumer goods, including:

Carpets and Rugs
Textile Treatments
Food Packaging and Containers
Juvenile Products
Upholstered Furniture
Textile Furnishings

Key Details

Substance	Scope¹	Requirement²	Effective Date
PFAS	Carpets and rugs, textile treatments, food packaging, juvenile products, upholstered furniture, textile furnishings	Prohibited if intentionally added	January 1, 2027

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.

Additional Prohibitions

The Act also prohibits the intentional use of PFAS in cosmetics and feminine hygiene products. Notably, New Hampshire's definition of PFAS differs from those used in other states. While many states define PFAS broadly as any fluorinated chemical with at least one fully fluorinated carbon atom, New Hampshire adopts a more specific definition aligned with the U.S. EPA PFAS reporting rule (SG 133/23).

Navigating PFAS Regulatory Challenges

As a global leader in testing, inspection, and certification, SGS offers a range of services designed to help enterprises comply with these evolving PFAS regulations in meeting increasingly stringent regulatory requirements and market challenges.

Comprehensive PFAS Testing Services

SGS provides robust PFAS testing capabilities that align with stringent regulatory requirements. Key services include:

Target Substance Analysis: Accurate detection of specific PFAS substances to assess environmental contamination and health risks.
High-Risk Testing Point Assessment: Evaluating potential high-risk areas in products or processes to ensure regulatory compliance.
Total Fluorine Screening: Rapid screening services to give enterprises an initial understanding of PFAS content in their products.

Green Mark PFAS Assessment Services

SGS offers testing and evaluation for hundreds of PFAS substances. Clients are required to provide a Bill of Materials (BOM) or sign a declaration form to confirm compliance with fluorinated polymer claims. Once certified, products can display the Green Mark label, which includes a QR code for verification of certification validity.

Supply Chain Management Support

SGS assists enterprises in developing comprehensive PFAS control plans across their supply chain. This includes ensuring compliance from raw material procurement to product production and sales. SGS also partners with businesses to monitor the effectiveness of PFAS control measures and adapt to changing market and regulatory landscapes.

New Hampshire's proactive stance on banning PFAS in consumer products reflects a growing awareness of the health and environmental risks associated with these substances. As businesses prepare for the new regulations, partnering with experts like SGS can facilitate compliance and enhance product safety. For more information on PFAS testing and compliance, reach out to SGS today.

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