State Regulations

With increasing awareness of PFAS chemicals’ impact on human health and the environment, U.S. states are implementing their own laws to address PFAS in consumer products. Our recent webinar covered the latest state regulations impacting the textile industry, from California to New York, highlighting the key compliance deadlines and practical strategies for brands to navigate these rules.

New York ECL Section 37-0121: Phased PFAS Ban on Apparel and Outdoor Gear

Overview: New York’s ECL Section 37-0121 is a phased regulation that first restricts PFAS in general apparel and, later, in outdoor apparel for severe wet conditions. Starting January 1, 2025, New York bans apparel with intentionally added PFAS, while outdoor apparel with specific performance needs for extreme wet conditions has until January 1, 2028 to comply.

Implications and Certification Requirements New York encourages brands to keep compliance certifications from manufacturers to confirm their products are PFAS-free, which may be required for inspection by the Department of Environmental Conservation (DEC).

Compliance Dates:

General Apparel: January 1, 2025

Outdoor Apparel for Severe Wet Conditions: January 1, 2028

California AB 1817

Overview: California’s AB 1817 law restricts the use of intentionally added PFAS in textiles and a range of other consumer goods. This regulation mandates that, beginning January 1, 2025, apparel products containing intentionally added PFAS can no longer be sold in the state. California’s focus on PFAS-free products aims to reduce public exposure to these harmful chemicals and prevent PFAS accumulation in the environment.

Compliance Dates:

January 1, 2025

California AB 347

California’s AB 347 assigns oversight authority for PFAS regulation enforcement to the Department of Toxic Substances Control (DTSC). While it doesn’t introduce new PFAS restrictions, AB 347 ensures stricter regulatory enforcement of existing bans, like those in AB 1817, which prohibit intentionally added PFAS in textiles and other consumer goods.

Compliance Dates:

January 1, 2029: DTSC must have established its enforcement policies for PFAS regulations by this date.

For more information and links to resources click here. 

Washington State: Upcoming Draft Legislation

Overview of Draft Legislation: Washington State has proposed a draft regulation banning intentionally added PFAS in most apparel items starting in 2027. This regulation, which excludes footwear, introduces new reporting requirements for companies operating in the state. 

Compliance Dates:

Proposed Compliance Date: January 1, 2027

Vermont & Minnesota

Overview Vermont: Vermont’s pending legislation includes PFAS reporting requirements for products containing over 50% recycled content. While still open for public comment, these regulations suggest that companies will need to track and report PFAS levels in relevant products sold within the state.

Overview Minnesota: Minnesota is preparing to launch beta testing for its PFAS reporting system, required under Ameris Law, in fall 2025. Designed to streamline PFAS compliance tracking, this system may closely resemble the Interstate Chemicals Clearinghouse platform.

Compliance Dates:

Vermont: Pending finalization

Minnesota: Beta testing begins fall 2025

Link to full recording. 

European Union REACH and POPs Regulations

The EU REACH Regulation classifies PFAS as Substances of Very High Concern (SVHC), placing strict limits on their use in consumer goods, including textiles.

Scope: REACH requires companies selling in the EU to reformulate products to be PFAS-free or obtain specific authorizations where PFAS use is essential. Additionally, the EU’s Persistent Organic Pollutants (POPs) Regulation restricts certain long-chain PFAS chemicals to protect public health and the environment.

Compliance Dates: 

REACH Authorization Requirements: Ongoing; PFAS-containing products require authorization to enter the EU market.

POPs Regulation Deadline: Restrictions for specific PFAS under POPs have been active since July 2020. New substances continue to be added, so companies should monitor updates regularly.

Compliance Requirements:

Testing and Documentation: Brands must conduct regular testing to verify PFAS-free materials and maintain accurate records.
Authorization for Essential Uses: If PFAS cannot be avoided, brands must apply for authorization, documenting the necessity and safety of the use.

Special guest Liliana Frost, Compliance Manager at Black Diamond, shared insights into Black Diamond’s PFAS compliance journey. Her team’s approach began with a thorough assessment of materials to identify PFAS, focusing on components like zippers and trims where contamination is common.

Liliana highlighted the importance of centralized data management, which allows Black Diamond to store testing data, track certifications, and respond quickly to changing regulations. She also emphasized the need for clear supplier communication to secure PFAS-free certifications and maintain clean production processes.

Despite the challenges of managing large volumes of testing data, Liliana’s team has worked to streamline compliance through proactive testing and supplier collaboration, ensuring their products meet state standards and align with growing market demand for sustainable, PFAS-free options. 

You can listen to the full webinar here. 

 Resources:

Q&A:

Thank you to everyone who joined the live webinar. Please see below for answers to some of the questions we received during the live session. Our aim is to guide you toward the appropriate resources so that you can find the answers you need.

*  Please note, while we strive to provide accurate and useful information, please consult qualified legal experts to ensure that the actions you take are tailored to your specific legal and regulatory requirements.