1 of 1
HOUSE DOCKET, NO. 2454 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 384
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
James K. Hawkins
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to toxic free kids.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:James K. Hawkins2nd Bristol1/16/2025Kristin E. Kassner2nd Essex1/22/2025Antonio F. D. Cabral13th Bristol2/12/2025John R. Gaskey2nd Plymouth1/27/2025Natalie M. Higgins4th Worcester2/23/2025David Paul Linsky5th Middlesex2/13/2025Samantha Montaño15th Suffolk2/26/2025Adrianne Pusateri Ramos14th Essex3/6/2025Danillo A. Sena37th Middlesex3/10/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/18/2025James B. EldridgeMiddlesex and Worcester2/18/2025 1 of 16
HOUSE DOCKET, NO. 2454 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 384
By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 384) of
James K. Hawkins and others for legislation to direct the Department of Environmental
Protection to publish a toxic chemicals of concern consumer products list. Consumer Protection
and Professional Licensure.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to toxic free kids.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2022 Official
2Edition, is hereby amended by inserting after section 28 the following new section:-
3 Section 29. (a) For the purposes of this section, the following terms shall have the
4following meanings unless the context clearly requires otherwise:“Authoritative body”, an
5agency or formally organized program or group which the department of environmental
6protection, in consultation with the Toxics Use Reduction Institute at the University of
7Massachusetts Lowell, has identified as having expertise in the identification of chemicals
8causing cancer and other toxicity; provided, that these authoritative bodies shall include, but are
9not limited to: (i) the American Conference of Governmental Industrial Hygienists; (ii) the
10federal Environmental Protection Agency; (iii) the European Chemicals Agency; (iv) the
11International Agency for Research on Cancer; (v) the National Toxicology Program; and (vi) the
12Occupational Safety Health Administration. 2 of 16
13 “Chemical”, a substance with a distinct molecular composition and the breakdown
14products of the substance that form through decomposition, degradation or metabolism or a
15group of structurally related substances and the breakdown products of the substances that form
16through decomposition, degradation or metabolism.
17 “Chemical class”, groupings that relate chemicals by similar features including
18classifications by structure, physical properties, or other factors.
19 “Children”, natural persons 12 years of age and under.
20 “Children’s product”, consumer products intended, made or marketed for use by children
2112 years of age or under, including: (i) toys; (ii) children’s clothing; (iii) children's cosmetics and
22personal care products; (iv) children's jewelry and novelty products; (v) children’s school
23supplies; (vi) children’s arts and crafts supplies, including model making supplies (vii) children’s
24bedding, furniture and furnishings; (viii) child car seats; (ix) products to help a child with
25 sucking or teething, or to facilitate sleep, relaxation or the feeding of a child; (x) artificial
26turf fields installed on school properties, publicly owned properties or intended for use by
27children under the age of 18; (xi) products that meet any of the following conditions: represented
28in its packaging, display or advertising as appropriate for use by children, sold in conjunction
29with, attached to or packaged together with other products that are packaged, displayed or
30advertised as appropriate for use by children sold in a retail store, catalogue or online website, in
31which a person exclusively offers for sale products that are packaged, displayed or advertised as
32appropriate for use by children, or sold in a discrete portion of a retail store, catalogue or online
33website, in which a person offers for sale products that are packaged, displayed or advertised as
34appropriate for use by children; provided, however, that “children’s product” shall not include: 3 of 16
35(i) batteries; (ii) slings and catapults; (iii) sets of darts with metallic points; (iv) toy steam
36engines; (v) bicycles and tricycles; (vi) video toys that can be connected to video screen and are
37operated at a nominal voltage exceeding twenty-four volts; (vii) chemistry sets; (viii) consumer
38and children's electronic products, including but not limited to personal computers, audio and
39video equipment, calculators, wireless phones, game consoles and handheld devices
40incorporating a video screen, used to access interactive software and their associated peripherals;
41(ix) interactive software, intended for leisure and entertainment, including computer games and
42their storage media, including compact disks; (x) BB guns, pellet guns and air rifles; (xi) snow
43sporting equipment, including skis, poles, boots, snow boards, sleds and bindings; (xii) roller
44skates; (xiii) scooters; (xiv) model rockets; (xv) athletic shoes with cleats or spikes; (xvi)
45pocketknives and multitools; (xvii) food and beverages and food and beverage packaging
46regulated by the United States Food and Drug Administration or the United States Department of
47Agriculture; (xviii) pharmaceutical products and biologics; and (xix) medical devices, as defined
48in the federal Food, Drug, and Cosmetic Act, U,S,C, 21 section 321(h).
49 “Contaminant”, trace amounts of chemicals that are incidental to manufacturing and that
50serve no intended function in the product component, including, but not limited to: (i) unintended
51by-
52 products of chemical reactions during the manufacture of the product component; (ii)
53trace impurities in feedstock; and (iii) incompletely reacted chemical mixtures.
54 “De minimis level”, (i) for a chemical that is an intentionally added chemical in a
55component of a consumer product, the practical quantification limit; (ii) for a chemical that has a
56contaminant present in a component of a consumer product, a concentration to be set by the 4 of 16
57department of environmental protection in rulemaking; or (iii) for an engineered nanoobject,
58there shall be no de minimis level.
59 “Department”, the department of environmental protection.
60 “Engineered nanoobject”, a material with 1, 2 or 3 external dimensions in the nanoscale.
61 “Government entity”, a federal or state government agency.
62 “Intentionally added PFAS”, PFAS that is added to a product, or is in or on the product
63due to the manufacturing or processing of that product, and the addition of PFAS is known or
64reasonably ascertainable by the manufacturer and its suppliers, including the use of PFAS or
65precursors as a processing agent, or mold release agent, and the creation of PFAS via chemical
66reactions, such as occurs during the fluorination of plastic containers.
67 “IC2”, the Interstate Chemicals Clearinghouse, an association of state, local and tribal
68governments that promotes a clean environment, healthy communities and a vital economy
69through the development and use of safer chemicals and products.
70 “Institute”, the Toxics Use Reduction Institute established in section 6 of chapter 21I.
71"Known or reasonably ascertainable”, all information in a person's possession or control, plus all
72information that a reasonable person similarly situated might be expected to possess, control, or
73know.
74 “Manufacturer”, any person, firm, association, partnership, corporation, governmental
75entity, organization, combination or joint venture which produces a children’s product or an
76importer or domestic distributor of a children’s product that is produced in a foreign country. 5 of 16
77 “Mouthable”, when used to describe a children’s product or any part of a children’s
78product, means that an intended use of the product or any part of the product includes being
79placed in the mouth for any purpose.
80 “Nanoscale”, size range from approximately 1 nanometers to 100 nanometers.
81 “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS”, substances that include any
82member of the class of fluorinated organic chemicals containing at least one fully fluorinated
83carbon atom.
84 “Practical quantification limit”, the lowest concentration of a chemical that can be
85reliably measured within specified limits of precision, accuracy, representativeness,
86completeness and comparability during routine laboratory operating conditions; provided, that
87the practical quantification limit is based on scientifically defensible, standard analytical
88methods; and provided further, that the practical quantification limit for a given chemical may be
89different depending on the matrix and the analytical method used.
90 “Safer alternative”, an alternative whose potential to harm human health is less than that
91of the use of a high priority chemical that it could replace.
92 “Toy”, a product designed or intended by the manufacturer to be used by a child at play.
93 (b) No manufacturer, wholesaler or retailer shall knowingly sell, offer for sale or
94distribute for use a children’s product or product component containing intentionally added
95PFAS. PFAS in a children’s product or product component shall be measured in total organic
96fluorine at a threshold level to be determined by the department. 6 of 16
97 (c) The department, in consultation with the institute, shall maintain and publish a list of
98toxic chemicals of concern in children’s products, which shall be available to the public on the
99department’s website.
100 The chemicals of concern list shall include chemicals identified by a government entity
101or other authoritative body or identified based on scientific evidence as being:
102 (i) a carcinogen or mutagen;
103 (ii) persistent or bio-accumulative and toxic;
104 (iii) an endocrine disruptor;
105 (iv) a reproductive or developmental toxicant;
106 (v) a neurotoxicant;
107 (vi) a respiratory or skin sensitizer; and
108 (vii) any other chemical of equivalent concern, as determined by the department, in
109consultation with the institute.
110 In developing the chemicals of concern list, the department shall consult published
111authoritative lists of chemical categorizations, including, but not limited to, the Maine Chemicals
112of Concern List, New York Chemicals of Concern List, Oregon Chemicals of Concern List,
113Vermont Chemicals of Concern List, Canadian Domestic Substances List Categorization, the
114European Commission list of Substances of Very High concern and the International Agency for
115Research on Cancer list of carcinogens. The department may adopt the New York State 7 of 16
116Chemicals of Concern list, as specified in Title 9, Section 37-0905, of New York law, as the
117initial chemicals of concern list for Massachusetts.
118 (d) As needed, but not less frequently than every 3 years, the department, in consultation
119with the institute, shall update the chemicals of concern list.
120 (e) The department, in consultation with the institute, may include a class of chemicals on
121the list. If the department includes a class of chemicals, the department may exclude from the list
122 specific members of the class of chemicals, or a subclass of chemicals, that do not share
123the same hazards as the other members of the class of chemicals.
124 (f) In establishing by rule the practical quantification limits for chemicals or classes of
125chemicals on the list, the department shall consider guidance developed by other federal, state
126and nongovernmental organizations with the applicable expertise.
127 (g) Not later than 180 days after a chemical or a class of chemicals are added to the
128chemicals of concern list established under subsection (c), and biennially thereafter, a
129manufacturer of a children’s product for sale in the commonwealth that contains a chemical in an
130amount greater than a de minimis level shall notify the department in writing; provided,
131however, if the children’s product contains a listed chemical that is an engineered nanoobject, the
132manufacturer shall notify the department in writing regardless of the amount of chemical present.
133The manufacturer’s written notice shall be submitted electronically in a format to be specified by
134the department, in consultation with the institute, and shall include:
135 (i) the name of the chemical used or produced and its chemical abstracts service registry
136number; 8 of 16
137 (ii) a brief description of the product or product component containing the chemicals,
138including the Global Product Classification product brick description;
139 (iii) the brand name, product model and the universal product code if the product has
140such a code;
141 (iv) a description of the function of the chemical in the product;
142 (v) the amount of the chemical used in each unit of the product or product component,
143which may be reported in ranges, rather than the exact amount; and
144 (vi) the name and address of the manufacturer and the name, address and phone number
145of a contact person for the manufacturer.
146 The department may direct submission of such reports to the IC2 and may otherwise
147provide for reciprocal data sharing with other states which require reporting of the same
148information. The department shall specify procedures for the provision of such notice by
149manufacturers to the IC2.
150 (h) The department shall make information reported under subsection (g) available to the
151public via the department’s website and via linkage to relevant databases on the IC2 website.
152 (i) (1) Not less than 3 years after a chemical or a class of chemicals are added to the
153chemicals of concern list in subsection (c), a manufacturer must remove or make a substitution
154for the chemical if the chemical is present in a children’s product that is:
155 (a) Mouthable;
156 (b) A children’s personal care product or cosmetic; or 9 of 16
157 (c) Made for, marketed for use by or marketed to children under 3 years of age.
158 (2) A manufacturer with 25 or fewer employees may apply for a 2-year extension of the
159date specified in paragraph (1) of this subsection to meet the requirements of this section.
160 (3) Manufacturers are exempt from meeting the requirements of this section for
161children’s products described in paragraph (1) of this subsection that contain chemicals of
162concern for children’s health used in children’s products at levels that are at or below allowable
163levels for children’s products as established by the Consumer Product Safety Improvement Act
164of 2008, P.L. 110-314, 122 Stat. 3016, as in effect on Jan 17, 2025.
165 (4) The department may adopt rules providing for additional exemptions from the
166requirements of this section.
167 (5) For purposes of this subsection, any consumer product safety standard adopted under
168federal law that establishes allowable levels for children’s products of a high priority chemical of
169concern for children’s health used in children’s products is presumed to establish the maximum
170allowable level of the chemical that may be used in children’s products that are sold or offered
171for sale in this state.
172 The department may not require a manufacturer in compliance with the federal standard
173to also comply with the provisions of this section unless the department establishes in the
174rulemaking process that a lower maximum allowable level for children’s products of a high
175priority chemical of concern for children’s health used in children’s products than the allowable
176level set by the federal standard is necessary to protect human health and welfare. (j) The
177department, in consultation with the institute, shall maintain and publish a list of high priority 10 of 16
178chemicals in children’s products, which shall be available to the public on the department’s
179website.
180 The department may identify a chemical as a high priority chemical if, upon such review:
181(i) the chemical or its metabolites have been found through biomonitoring to be present in
182humans; (ii) the chemical has been found through sampling and analysis to be present in
183household dust, indoor air, drinking water or elsewhere in the home environment; (iii) the
184chemical has been scientifically demonstrated to release from the product, resulting in likely
185exposure to children; or (iv) the sale or use of the chemical or a children's product containing the
186chemical has been restricted in another state or states within the United States.
187 The department, in consultation with the institute, may remove a chemical from the high
188priority chemicals list if, upon review, it determines based on substantial scientific evidence that
189such chemical no longer meets the criteria for listing under this subsection.
190 Not later than 180 days after a chemical is added to the high priority chemicals list,
191manufacturers of a children’s product containing such high priority chemical shall notify persons
192that offer the children’s product for sale or distribution in the state that the product contains a
193high priority chemical and shall provide such persons with information regarding toxicity and
194risk management. Notification shall be provided in a form specified by the department.
195 Not later than 3 years after a chemical is added to the high priority chemicals list, no
196person shall distribute, sell or offer for sale in the commonwealth any children's product
197containing the high priority chemical, unless a prohibition on the distribution, sale or offer for
198sale of the children’s product would be preempted by federal law or the commissioner exempts
199the children's product from such prohibition because, in the commissioner's judgment, the lack of 11 of 16
200availability of the children's product could pose an unreasonable risk to public health, safety or
201welfare.
202 The department, in consultation with the institute, shall update the high priority chemicals
203list at least once every 3 years.
204 (k) The department, in consultation with the institute, may periodically publish a list of
205safer alternative chemicals that may be substituted for the chemicals listed on the chemicals of
206concern list established in subsection (c) or the high priority chemicals list established in
207subsection (j). Manufacturers of children’s products containing chemicals of concern or high
208priority chemicals may redesign products to eliminate the need for chemicals of concern or high
209priority chemicals or they may substitute a chemical from the safer alternatives list.
210 Manufacturers may not replace chemicals on the high priority chemicals list established
211in subsection (j) with any chemical that is on the chemicals of concern list established in
212subsection (c) or any chemical that has been identified by a government entity or other
213authoritative body or is identified based on scientific evidence as having the characteristics of a
214chemical of concern as described in subsection (c).
215 (l) Manufacturers that seek to replace chemicals on the chemicals of concern list
216established in subsection (c) or high priority chemicals list established in subsection (j) with
217chemicals that are not on the safer alternative chemicals list established in this subsection shall
218disclose to the department and to the institute the chemical substitutes that the manufacturer will
219use. The manufacturer shall conduct a hazard assessment that explains how the children’s
220product, and any substitute chemical the children’s product contains, are less hazardous than
221before the 12 of 16
222 substitution was made. The department shall establish the methodology that a
223manufacturer must use, and the standards that a children’s product must meet, to comply with the
224hazard assessment requirements. Upon the request of the department, manufacturers must submit
225a hazard assessment to the department for review.
226 If the department, in consultation with the institute, requests a hazard assessment, the
227department, in consultation with the institute, may approve or disapprove a hazard assessment
228within 180 days after its submission. If the department fails to act within 180 days, the hazard
229assessment is deemed approved, and the manufacturer may continue to sell or offer for sale in
230this state the children’s product for which the manufacturer submitted a hazard assessment for a
231period of 3 years after the date of submittal of the hazard assessment. If the department
232disapproves a hazard assessment, the manufacturer may submit a revised hazard assessment for
233consideration within 180 days after the department’s disapproval.
234 (m) If the department, in consultation with the institute, determines that a hazard
235assessment as described in subsection (l) is incomplete, the department may obtain the
236assessment from another party. The manufacturer that submitted the assessment that was
237determined to be incomplete must pay for the assessment performed by the other party.
238 (n) A hazard assessment approved or deemed approved is valid for a period of 3 years
239after the date of submittal of the hazard assessment. A manufacturer must submit an updated
240hazard assessment, with any additional relevant information, at the end of the 3-year period.
241 (o) The department may grant a temporary or permanent waiver to manufacturers of
242children’s products that request a waiver from the requirement to remove or substitute high
243priority chemicals. The manufacturer applying for a waiver must demonstrate that the high 13 of 16
244priority chemical is not reasonably anticipated to result in exposure based upon an analysis of
245leachability and bioavailability of the chemical of concern. The department shall establish
246requirements and fees for waiver requests.
247 (p) The department may conduct testing of children’s products sold or offered for sale in
248the state in order to determine compliance with this act.
249 (q) The manufacturer shall pay a fee upon submission of a report of chemical use
250pursuant to subsection (g) and upon submission of a waiver request pursuant to subsection (o).
251The department shall establish a fee schedule to cover the department's reasonable costs in the
252administration and enforcement of this title. Exclusive of fines and penalties, the state shall only
253recover its actual cost of administration and enforcement.
254 (r) This section shall apply to chemicals in children’s products sold or distributed as new
255and do not apply to used children’s products that are sold or distributed for free at secondhand
256stores, yard sales, on the internet or donated to charities.
257 (s) A manufacturer that produces, sells or distributes a product prohibited from
258manufacture, sale or distribution in the commonwealth under this section shall recall the product
259and reimburse the retailer or any other purchaser for the product.
260 (t) A manufacturer of products in violation of this section shall be subject to a civil
261penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers who
262are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat offense.
263 (u) If there are grounds to suspect that a children’s product is being offered for sale in
264violation of this section, the department may request the manufacturer of the children’s product 14 of 16
265to provide a statement of compliance on a form provided by the department within 10 days of
266receipt of a request from the department. The statement of compliance shall: (i) attest that the
267children’s product does not contain the dangerous chemical; (ii) attest and provide the
268department with documentation that notification of the presence of the high priority chemical has
269been provided to the department or provide notice as required by subsection (g); or (iii) attest
270that the manufacturer has notified persons that sell the product in this state that the sale of the
271children’s product is prohibited.
272 Retailers who unknowingly sell products that are restricted from sale under this section
273are not liable under this section.
274 (v) Every 3 years, the department, in consultation with the institute, shall submit a report
275on the toxic chemicals of concern in children's products to the clerks of the house and the senate,
276the joint committee on public health, the joint committee on the environment and natural
277resources, the joint committee on consumer protection and professional licensure and the joint
278committee on children, families and persons with disabilities. The report shall include general
279information and policy recommendations for addressing toxic chemicals in children’s products,
280including, but not limited to: (i) ways, in addition to the IC2, to inform and educate consumers
281about toxic chemicals in children’s products; (ii) ways to protect children from toxic chemical
282exposures; (iii) progress and challenges in implementing this section; (iv) updated lists of
283chemicals of concern, high priority chemicals and safer alternative chemicals; (v) results of
284reporting, including the number and types of children’s products with chemicals of concern or
285high priority chemicals, amounts used, and the most frequently disclosed chemicals; (vi)
286information on waiver requests made and granted and compliance and enforcement activities,
287including testing and penalties; and (vii) any proposed regulations or legislation necessary to 15 of 16
288carry out the report’s recommendations. The department shall make the report available on its
289website and may publicize it through any other appropriate channels.
290 (w) The department shall promulgate rules and regulations necessary for the
291implementation and enforcement of this section, including the need for funding for department
292and institute staffing, website development and management, reporting, and testing and
293enforcement.
294 SECTION 2. The department of environmental protection, in consultation with the
295Toxics Use Reduction Institute established in section 6 of chapter 21I of the General Laws, shall
296promulgate regulations to implement section 29 of chapter 21A of the General Laws, as inserted
297by this act, no later than 1 year after the effective date of this act.
298 SECTION 3. Notwithstanding any general or special law to the contrary, the department
299of environmental protection, in consultation with the Toxics Use Reduction Institute established
300in section 6 of chapter 21I of the General Laws, shall publish an initial list of toxic chemicals of
301concern in children’s products, as required by subsection (c) of section 29 of chapter 21A of the
302General Laws, as inserted by this act, not later than 1 year after the effective date of this act.
303 SECTION 4. Notwithstanding any general or special law to the contrary, the department
304of environmental protection, in consultation with the Toxics Use Reduction Institute established
305in section 6 of chapter 21I of the General Laws, shall publish (i) a list of high priority chemicals
306in children’s products, as required by subsection (j) of section 29 of chapter 21A of the General
307Laws, as inserted by this act and (ii) list of safer alternative chemicals in children’s products, as
308required by subsection (k) of section 29 of chapter 21A of the General Laws, as inserted by this
309act, not later than 3 years after the effective date of this act. 16 of 16
310 SECTION 5. Notwithstanding any general or special law to the contrary, the department
311of environmental protection, in consultation with the Toxics Use Reduction Institute established
312in section 6 of chapter 21I of the General Laws, shall submit its first report, as required by
313subsection (v) of section 29 of chapter 21A of the General Laws, as inserted by this act, not later
314than 3 years after the effective date of this act.