104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0167 Introduced 1/17/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 415 ILCS 170/5415 ILCS 170/45 new415 ILCS 170/50 new415 ILCS 170/55 new Amends the PFAS Reduction Act. Provides that, beginning January 1, 2026, a person may not sell, offer for sale, or distribute for sale in this State a juvenile product if the product or a product component contains intentionally added PFAS. Provides for enforcement. Exempts from the Act's requirements products that are federally preempted, products already regulated by the Act, used products, prosthetic or orthotic devices, and any medical device or drug used in a medical setting or in medical applications regulated by the United States Food and Drug Administration. Defines terms. LRB104 02947 BDA 12963 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0167 Introduced 1/17/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 415 ILCS 170/5415 ILCS 170/45 new415 ILCS 170/50 new415 ILCS 170/55 new 415 ILCS 170/5 415 ILCS 170/45 new 415 ILCS 170/50 new 415 ILCS 170/55 new Amends the PFAS Reduction Act. Provides that, beginning January 1, 2026, a person may not sell, offer for sale, or distribute for sale in this State a juvenile product if the product or a product component contains intentionally added PFAS. Provides for enforcement. Exempts from the Act's requirements products that are federally preempted, products already regulated by the Act, used products, prosthetic or orthotic devices, and any medical device or drug used in a medical setting or in medical applications regulated by the United States Food and Drug Administration. Defines terms. LRB104 02947 BDA 12963 b LRB104 02947 BDA 12963 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0167 Introduced 1/17/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 415 ILCS 170/5415 ILCS 170/45 new415 ILCS 170/50 new415 ILCS 170/55 new 415 ILCS 170/5 415 ILCS 170/45 new 415 ILCS 170/50 new 415 ILCS 170/55 new 415 ILCS 170/5 415 ILCS 170/45 new 415 ILCS 170/50 new 415 ILCS 170/55 new Amends the PFAS Reduction Act. Provides that, beginning January 1, 2026, a person may not sell, offer for sale, or distribute for sale in this State a juvenile product if the product or a product component contains intentionally added PFAS. Provides for enforcement. Exempts from the Act's requirements products that are federally preempted, products already regulated by the Act, used products, prosthetic or orthotic devices, and any medical device or drug used in a medical setting or in medical applications regulated by the United States Food and Drug Administration. Defines terms. LRB104 02947 BDA 12963 b LRB104 02947 BDA 12963 b LRB104 02947 BDA 12963 b A BILL FOR SB0167LRB104 02947 BDA 12963 b SB0167 LRB104 02947 BDA 12963 b SB0167 LRB104 02947 BDA 12963 b 1 AN ACT concerning safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The PFAS Reduction Act is amended by changing 5 Section 5 and by adding Sections 45, 50, and 55 as follows: 6 (415 ILCS 170/5) 7 Sec. 5. Definitions. In this Act, unless the context 8 otherwise provides: 9 "Agency" means the Illinois Environmental Protection 10 Agency. 11 "Class B firefighting foam" means foam designed to 12 extinguish flammable liquid fires or prevent the ignition of 13 flammable liquids. 14 "Fire department" means the duly authorized fire 15 protection organization of a unit of local government, a 16 Regional Fire Protection Agency, a fire protection district, 17 or a volunteer fire department. 18 "Juvenile product" means a product designed or marketed 19 for use by infants or children under 12 years of age. "Juvenile 20 product" includes, but is not limited to, the following: a 21 baby or toddler foam pillow; a bassinet; a bedside sleeper; a 22 booster seat; a changing pad; a child restraint system for use 23 in a motor vehicle or aircraft; a co-sleeper; a crib mattress; 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0167 Introduced 1/17/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 415 ILCS 170/5415 ILCS 170/45 new415 ILCS 170/50 new415 ILCS 170/55 new 415 ILCS 170/5 415 ILCS 170/45 new 415 ILCS 170/50 new 415 ILCS 170/55 new 415 ILCS 170/5 415 ILCS 170/45 new 415 ILCS 170/50 new 415 ILCS 170/55 new Amends the PFAS Reduction Act. Provides that, beginning January 1, 2026, a person may not sell, offer for sale, or distribute for sale in this State a juvenile product if the product or a product component contains intentionally added PFAS. Provides for enforcement. Exempts from the Act's requirements products that are federally preempted, products already regulated by the Act, used products, prosthetic or orthotic devices, and any medical device or drug used in a medical setting or in medical applications regulated by the United States Food and Drug Administration. Defines terms. LRB104 02947 BDA 12963 b LRB104 02947 BDA 12963 b LRB104 02947 BDA 12963 b A BILL FOR 415 ILCS 170/5 415 ILCS 170/45 new 415 ILCS 170/50 new 415 ILCS 170/55 new LRB104 02947 BDA 12963 b SB0167 LRB104 02947 BDA 12963 b SB0167- 2 -LRB104 02947 BDA 12963 b SB0167 - 2 - LRB104 02947 BDA 12963 b SB0167 - 2 - LRB104 02947 BDA 12963 b 1 a highchair; a highchair pad; an infant bouncer; an infant 2 carrier; an infant seat; an infant sleep positioner; an infant 3 swing; an infant travel bed; an infant walker; a nap cot; a 4 nursing pad, pillow, or mat; a playpen; a play yard; a 5 polyurethane foam mat, pad, or pillow; a portable foam nap 6 mat; a portable infant sleeper; a portable hook-on chair; a 7 soft-sided portable crib; a stroller; and a toddler mattress. 8 "Juvenile product" does not include the following: an adult 9 mattress; a children's electronic product, including a 10 personal computer, audio and video equipment, a calculator, a 11 wireless phone, a game console, a handheld device 12 incorporating a video screen, or any associated peripheral, 13 such as a mouse, a keyboard, a power supply unit, or a power 14 cord; or an internal component of a product that would not come 15 into direct contact with a child's skin or mouth during 16 reasonably foreseeable use and abuse of the product. 17 "Local government" means a unit of local government or 18 other special purpose district that provides firefighting 19 services. 20 "Manufacturer" means a person that creates or produces a 21 product or whose brand name is affixed to the product. In the 22 case of a product imported into the United States, 23 "manufacturer" includes the importer or first domestic 24 distributor of the product if the person that creates or 25 produces the product or whose brand name is affixed to the 26 product does not have a presence in the United States. a person SB0167 - 2 - LRB104 02947 BDA 12963 b SB0167- 3 -LRB104 02947 BDA 12963 b SB0167 - 3 - LRB104 02947 BDA 12963 b SB0167 - 3 - LRB104 02947 BDA 12963 b 1 that manufactures Class B firefighting foam and any agents of 2 that person, including an importer, distributor, authorized 3 servicer, factory branch, or distributor branch. 4 "Perfluoroalkyl substance or polyfluoroalkyl substance" or 5 "PFAS" means a class of fluorinated organic chemicals 6 containing at least one fully fluorinated carbon atom. 7 "Person" means any individual, partnership, association, 8 public or private corporation, limited liability company, or 9 any other type of legal or commercial entity, including, but 10 not limited to, members, managers, partners, directors, or 11 officers. 12 "Product" means an item manufactured, assembled, packaged, 13 or otherwise prepared for sale to consumers, including, but 14 not limited to, its product components, sold or distributed 15 for personal, residential, commercial, or industrial use, 16 including for use in making other products. 17 "Product component" means an identifiable component of a 18 product, regardless of whether the manufacturer of the product 19 is the manufacturer of the component. 20 "Testing" means calibration testing, conformance testing, 21 and fixed system testing. 22 (Source: P.A. 102-290, eff. 8-6-21.) 23 (415 ILCS 170/45 new) 24 Sec. 45. Juvenile products; PFAS. Beginning January 1, 25 2026, a person may not sell, offer for sale, or distribute for SB0167 - 3 - LRB104 02947 BDA 12963 b SB0167- 4 -LRB104 02947 BDA 12963 b SB0167 - 4 - LRB104 02947 BDA 12963 b SB0167 - 4 - LRB104 02947 BDA 12963 b 1 sale in this State a juvenile product if the product or a 2 product component contains intentionally added PFAS. 3 (415 ILCS 170/50 new) 4 Sec. 50. Enforcement regarding juvenile products. 5 (a) The Agency shall investigate alleged violations of 6 Section 45 and the provisions added by this amendatory Act of 7 the 104th General Assembly and may refer such violations for 8 prosecution by the Office of the Illinois Attorney General or 9 the State's Attorney of the county in which the alleged 10 violation occurred. The State's Attorney or Attorney General, 11 as the case may be, may, at the request of the Agency or on its 12 own volition, institute a civil action for the penalties 13 described in this Act, as well as other remedies, including 14 injunctive relief, as necessary to restrain or remedy 15 violations of Section 45 and the provisions added by this 16 amendatory Act of the 104th General Assembly. 17 (b) The Agency may coordinate with the Department of 18 Public Health in enforcing Section 45 and the provisions added 19 by this amendatory Act of the 104th General Assembly. 20 (c) When requested by the Agency, a person must furnish to 21 the Agency any information that the person may have or may 22 reasonably obtain that is relevant to show compliance with 23 Section 45 and the provisions added by this amendatory Act of 24 the 104th General Assembly. 25 (d) This Section shall not be construed to limit SB0167 - 4 - LRB104 02947 BDA 12963 b SB0167- 5 -LRB104 02947 BDA 12963 b SB0167 - 5 - LRB104 02947 BDA 12963 b SB0167 - 5 - LRB104 02947 BDA 12963 b 1 enforcement of the provisions of any other Section in this 2 PFAS Reduction Act. 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