ASSEMBLY, No. 5260 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED FEBRUARY 10, 2025
ASSEMBLY, No. 5260
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED FEBRUARY 10, 2025
Sponsored by: Assemblywoman JESSICA RAMIREZ District 32 (Hudson) Assemblyman WILLIAM B. SAMPSON, IV District 31 (Hudson) SYNOPSIS Prohibits sale, manufacture, and distribution of certain apparel containing intentionally added perfluoroalkyl and polyfluoroalkyl substances. CURRENT VERSION OF TEXT As introduced.
Sponsored by:
Assemblywoman JESSICA RAMIREZ
District 32 (Hudson)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
Prohibits sale, manufacture, and distribution of certain apparel containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning perfluoroalkyl and polyfluoroalkyl substances in apparel and supplementing Title 56 of the Revised Statues. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. As used in this section: "Apparel" means: (1) clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms or work-wear; (2) outdoor apparel; and (3) outdoor apparel designed for severe wet conditions, which includes outdoor apparel designed for persons who engage in outdoor sports not marketed for general consumer use to provide health and safety protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow. "Apparel" shall not include personal protective equipment or clothing items for exclusive use by the United States military. "Intentionally added PFAS" means the same as that term is defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229). "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means the same as that term is defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229). b. Beginning two years after the effective date of this act, no person shall sell, offer for sale, manufacture, or distribute for sale or use in the State any apparel containing intentionally added PFAS. c. A violation of the provisions of subsection b. of this section shall constitute an unlawful practice for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), and the violator shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.). 2. This act shall take effect immediately. STATEMENT This bill would prohibit, beginning two years after the bill's effective date, the sale, manufacture, and distribution of apparel containing intentionally added PFAS within the State. As defined in the bill, "apparel" means (1) clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms or work-wear; (2) outdoor apparel; and (3) outdoor apparel designed for severe wet conditions. A violation of the bill's provisions would be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), commonly known as the State's consumer fraud act. An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
An Act concerning perfluoroalkyl and polyfluoroalkyl substances in apparel and supplementing Title 56 of the Revised Statues.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Apparel" means: (1) clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms or work-wear; (2) outdoor apparel; and (3) outdoor apparel designed for severe wet conditions, which includes outdoor apparel designed for persons who engage in outdoor sports not marketed for general consumer use to provide health and safety protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow. "Apparel" shall not include personal protective equipment or clothing items for exclusive use by the United States military.
"Intentionally added PFAS" means the same as that term is defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).
"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means the same as that term is defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).
b. Beginning two years after the effective date of this act, no person shall sell, offer for sale, manufacture, or distribute for sale or use in the State any apparel containing intentionally added PFAS.
c. A violation of the provisions of subsection b. of this section shall constitute an unlawful practice for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), and the violator shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
2. This act shall take effect immediately.
STATEMENT
This bill would prohibit, beginning two years after the bill's effective date, the sale, manufacture, and distribution of apparel containing intentionally added PFAS within the State. As defined in the bill, "apparel" means (1) clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms or work-wear; (2) outdoor apparel; and (3) outdoor apparel designed for severe wet conditions.
A violation of the bill's provisions would be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), commonly known as the State's consumer fraud act. An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.