(Reprinted with amendments adopted on May 23, 2023)
SECOND REPRINT S.B. 76
- *SB76 _R2 *
SENATE BILL NO. 76–SENATOR NEAL
PREFILED JANUARY 23, 2023
____________
Referred to Committee on Natural Resources
SUMMARY—Establishes provisions governing certain products
that contain intentionally added perfluoroalkyl and
polyfluoroalkyl substances. (BDR 52-291)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to hazardous materials; prohibiting, with certain
exceptions, the sale and distribution of certain products
containing intentionally added perfluoroalkyl and
polyfluoroalkyl substances; requiring, with certain
exceptions, manufacturers of cookware containing
intentionally added perfluoroalkyl and polyfluoroalkyl
substances to provide certain information to a customer;
providing a penalty; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits, with certain exceptions, the discharge, use or release of 1
any Class B firefighting foam that contains intentionally added perfluoroalkyl and 2
polyfluoroalkyl substances for the purpose of testing the Class B firefighting foam 3
or firefighting training. (NRS 459.682) Beginning on October 1, 2024, section 21 4
of this bill prohibits, with certain exceptions, a manufacturer from selling, offering 5
for sale, distributing for sale or distributing for use any carpet or rug, fabric 6
treatment, food packaging, juvenile product, cosmetics, indoor textile furnishings or 7
indoor upholstered furniture that contains intentionally added perfluoroalkyl and 8
polyfluoroalkyl substances. Section 21 also authorizes a manufacturer of such 9
products to include a sticker on the product label that states “NO PFAS” to inform 10
consumers that perfluoroalkyl and polyfluoroalkyl substances were not 11
intentionally added or used to make the product. 12
Section 22 of this bill requires, with certain exceptions, a manufacturer of 13
cookware sold in this State that contains intentionally added perfluoroalkyl and 14
polyfluoroalkyl substances to list those substances on the cookware product label 15
and on any product listing for online sales: (1) that the product contains 16
intentionally added perfluoroalkyl and polyfluoroalkyl substances; and (2) an 17
Internet address and quick response code for a website that contains certain 18
– 2 –
- *SB76 _R2 *
information about the intentionally added perfluoroalkyl and polyfluoroalkyl 19
substances. Section 22 also authorizes a manufacturer of cookware that does not 20
contain intentionally added perfluoroalkyl and polyfluoroalkyl substances to 21
include a sticker on the product label that states “NO PFAS” to inform consumers 22
that the product does not contain intentionally added perfluoroalkyl and 23
polyfluoroalkyl substances. 24
Section 23 of this bill provides that a person who willfully and knowingly 25
violates the provisions of section 21 or 22 is guilty of a misdemeanor. 26
Section 20 of this bill provides an exception to the requirements and 27
prohibitions set forth in this bill to the extent that such provisions are preempted by 28
or conflict with federal law. 29
Sections 3-19 of this bill define certain terms related to these requirements. 30
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 597 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 23, inclusive, of this 2
act. 3
Sec. 2. As used in sections 2 to 23, inclusive, of this act, the 4
words and terms defined in sections 3 to 19, inclusive, of this act 5
have the meanings ascribed to them in those sections. 6
Sec. 3. “Adult mattress” means any mattress other than a 7
toddler mattress, crib mattress or other sleep product for infants. 8
Sec. 4. “Carpet or rug” means a fabric product marketed or 9
intended for use as a floor covering in a household or business. 10
Sec. 5. (Deleted by amendment.) 11
Sec. 6. “Component” means an identifiable component of a 12
product, regardless of whether the manufacturer of the product is 13
the manufacturer of the component. 14
Sec. 7. “Cookware” means a durable houseware product that 15
is used in a residence or kitchen to prepare, dispense or store food 16
or beverages, including, without limitation, any pot, pan, skillet, 17
grill, baking sheet, baking mold, tray, bowl or cooking utensil. 18
Sec. 8. 1. “Cosmetic” means a product that is intended to 19
be rubbed onto or introduced into, poured, sprinkled, sprayed on 20
or otherwise applied to the human body for the purposes of 21
cleaning, cleansing, beautifying, promoting or altering the 22
appearance of a person, including, without limitation, any skin 23
moisturizer, perfume, lipstick, nail polish, eye or facial makeup, 24
shampoo, conditioner, permanent wave, hair dye or deodorant. 25
2. The term does not include: 26
(a) A product that requires a prescription for distribution or 27
dispensation; or 28
(b) Hydrofluoroolefins used as propellants in cosmetics. 29
– 3 –
- *SB76 _R2 *
Sec. 9. “Fabric treatment” means a product applied to fabric 1
to give the fabric one or more characteristics, including, without 2
limitation, stain resistance or water resistance. The term does not 3
include hydrofluoroolefins used as propellants in fabric 4
treatments. 5
Sec. 10. “Food packaging” means a package or packaging 6
component that is used in direct contact with food and is 7
composed, in substantial part, of paper, paperboard or other 8
materials originally derived from plant fibers. 9
Sec. 11. 1. “Intentionally added perfluoroalkyl and 10
polyfluoroalkyl substances” means perfluoroalkyl and 11
polyfluoroalkyl substances that a manufacturer has intentionally 12
added to a product and that have a functional or technical effect 13
on the product. The term includes, without limitation, 14
perfluoroalkyl and polyfluoroalkyl substances that are intentional 15
breakdown products of an added chemical that also have a 16
functional or technical effect on the product. 17
2. The term does not include the use of recycled materials 18
which may contain perfluoroalkyl and polyfluoroalkyl substances 19
due to the use of perfluoroalkyl and polyfluoroalkyl substances in 20
the original product. 21
Sec. 11.5. 1. “Juvenile product” means a product designed 22
by a manufacturer for use by an infant or child less than 12 years 23
of age, including, without limitation, a bassinet, child restraint 24
system for use in motor vehicles, changing pad, toddler mattress, 25
crib mattress or other sleep product for infants, high chair, infant 26
carrier, infant seat, polyurethane foam mat, pad or pillow, nap cot, 27
play mat, playpen or stroller. 28
2. The term does not include: 29
(a) Electronic products, including, without limitation, any 30
personal computer and any associated equipment, audio and video 31
equipment, calculator, wireless phone, gaming console, handheld 32
device incorporating a video screen or any associated peripheral 33
device such as a mouse, keyboard, power supply unit or power 34
cord; 35
(b) An internal component of a juvenile product that is not 36
designed or intended to come into direct contact with the skin or 37
mouth of a child as a result of the reasonably foreseeable use of 38
the product; 39
(c) An adult mattress; or 40
(d) An off-highway vehicle, as defined in NRS 490.060, 41
designed for use by a child, a replacement part for such an off-42
highway vehicle and any protective clothing or equipment 43
intended for use by a child while operating such an off-highway 44
vehicle. 45
– 4 –
- *SB76 _R2 *
Sec. 12. “Manufacturer” means a person that manufactures 1
or assembles a product. The term includes, without limitation, the 2
importer or first domestic distributor of the product if a product is 3
imported into the United States and the manufacturer does not 4
have a presence in the United States. 5
Sec. 13. “Package” means the material that is intended or 6
used to contain, protect, handle, deliver or present a product. 7
Sec. 14. “Packaging component” means an individual part 8
of a package, including, without limitation, the interior or exterior 9
blocking, bracing, cushioning, weatherproofing, exterior 10
strapping, coating, closure, ink or label. 11
Sec. 15. “Perfluoroalkyl and polyfluoroalkyl substances” has 12
the meaning ascribed to it in NRS 459.678. 13
Sec. 16. 1. “Product” means an item, and any component 14
of such an item, that is manufactured, assembled or otherwise 15
prepared for sale or distribution to a customer and that is sold or 16
distributed for personal, residential, commercial or industrial use, 17
including, without limitation, for use in making other products. 18
2. The term does not include: 19
(a) Any drug, medical device, biologic or diagnostic regulated 20
by the United States Food and Drug Administration or the United 21
States Department of Agriculture; 22
(b) Any drug, medical device, biologic, parasiticide or 23
diagnostic administered or used to treat animals regulated by the 24
United States Food and Drug Administration pursuant to the 25
Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 351 et seq., 26
the United States Department of Agriculture pursuant to the 27
Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 et seq. or the United 28
States Environmental Protection Agency pursuant to the Federal 29
Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et 30
seq.; 31
(c) A veterinary pesticide product approved by the United 32
States Environmental Protection Agency for use in animals; 33
(d) Medical food, as defined in section 5(b)(3) of the Orphan 34
Drug Act, 21 U.S.C. § 360ee(b)(3); 35
(e) Infant formula, as defined in NRS 597.990; 36
(f) Any packaging used for a product described in paragraphs 37
(a) to (e), inclusive; or 38
(g) A used product offered for sale or resale. 39
Sec. 17. “Textile” means any product made in whole or in 40
part from a natural or synthetic fiber, yarn or fabric, including, 41
without limitation, leather, cotton, silk, jute, hemp, wool, nylon or 42
polyester. The term does not include any textile used in a medical, 43
professional or industrial setting. 44
– 5 –
- *SB76 _R2 *
Sec. 18. “Textile furnishing” means a type of textile intended 1
for use in households and businesses, including, without 2
limitation, any drapery, floor covering, furnishing, bedding, towel 3
or tablecloth. The term does not include a textile furnishing 4
intended for use in a medical, professional or industrial setting. 5
Sec. 19. “Upholstered furniture” means any article of 6
furniture that is: 7
1. Designed for sitting, resting or reclining; and 8
2. Wholly or partially stuffed with filling material. 9
Sec. 20. The provisions of sections 2 to 23, inclusive, of this 10
act do not apply to the extent that those provisions are preempted 11
by or conflict with federal law, including, without limitation, any 12
provision of federal law requiring the use of products that contain 13
intentionally added perfluoroalkyl and polyfluoroalkyl substances 14
or authorizing the use of intentionally added perfluoroalkyl and 15
polyfluoroalkyl substances in a product or any product surface 16
that comes into contact with food or beverages. 17
Sec. 21. 1. A manufacturer shall not sell, offer for sale, 18
distribute for sale or distribute for use in this State any of the 19
following types of products if the product contains intentionally 20
added perfluoroalkyl and polyfluoroalkyl substances: 21
(a) Carpets or rugs; 22
(b) Fabric treatments; 23
(c) Food packaging; 24
(d) Juvenile products; 25
(e) Cosmetics; 26
(f) Indoor textile furnishings; or 27
(g) Indoor upholstered furniture. 28
2. A manufacturer of the products described in subsection 1 29
may include on the product label a sticker suitable to the size of 30
the product label stating “NO PFAS” to inform the consumer that 31
the product does not contain intentionally added perfluoroalkyl 32
and polyfluoroalkyl substances. 33
3. The provisions of this section do not apply to: 34
(a) A product which contains perfluoroalk yl and 35
polyfluoroalkyl substances due to the use of recycled materials 36
containing perfluoroalkyl and polyfluoroalkyl substances in the 37
original product; 38
(b) A carpet or rug that was manufactured or imported before 39
October 1, 2024; or 40
(c) Any other textile product, other than a carpet or rug, that 41
was manufactured or imported before October 1, 2024. 42
Sec. 22. 1. A manufacturer of cookware sold in this State 43
that contains intentionally added perfluoroalkyl and 44
polyfluoroalkyl substances in the handle of the product or in any 45
– 6 –
- *SB76 _R2 *
product surface that comes into contact with any food or 1
beverages shall: 2
(a) Except as otherwise provided in subsection 3, list the 3
presence of those substances on the product label. The list of such 4
substances must be prefaced by the phrase “This product 5
contains:”; 6
(b) Except as otherwise provided in subsection 3, include on 7
the product label a statement, in both English and Spanish, that 8
reads: “For more information about chemicals in this product, 9
visit” followed by: 10
(1) An Internet address for a website that provides 11
information about why the perfluoroalkyl and polyfluoroalkyl 12
substances are intentionally added; and 13
(2) A quick response (QR) code or other machine-readable 14
code used for storing an Internet address for the website that 15
provides information about why the perfluoroalkyl and 16
polyfluoroalkyl substances are intentionally added; 17
(c) Include in any product listing for online sales in this State, 18
the information required to be included on the product label 19
pursuant to paragraphs (a) and (b); and 20
(d) Ensure that the information required pursuant to 21
paragraphs (a), (b) and (c) is clearly visible and legible to the 22
customer on the label and on the product listing for online sales. 23
2. A manufacturer of cookware: 24
(a) Shall not claim on the packaging for cookware that the 25
cookware is free of perfluoroalkyl and polyfluoroalkyl substances, 26
unless no individual perfluoroalkyl or polyfluoroalkyl compound 27
has been intentionally added to the cookware. 28
(b) That does not contain intentionally added perfluoroalkyl 29
and polyfluoroalkyl substances may include on the product label a 30
sticker suitable to the size of the product stating “NO PFAS” to 31
inform the consumer that the product does not contain 32
intentionally added perfluoroalkyl and polyfluoroalkyl substances. 33
3. Cookware that meets the following requirements is exempt 34
from the requirements of paragraphs (a) and (b) of subsection 1: 35
(a) The surface area of the cookware cannot fit a product label 36
of at least 2 square inches; and 37
(b) The cookware does not have: 38
(1) An exterior or wrapper on which a product label can 39
appear or be affixed; or 40
(2) A tag or other attachment with information about the 41
product attached to the cookware. 42
4. Except as otherwise provided in subsection 3, a 43
manufacturer shall not sell, offer for sale, distribute for sale or 44
distribute for use any cookware that contains one or more 45
– 7 –
- *SB76 _R2 *
intentionally added perfluoroalkyl and polyfluoroalkyl substances 1
in the handle of the product or in any product surface that comes 2
into contact with food or beverages, unless the manufacturer and 3
the cookware comply with the requirements of this section. 4
Sec. 23. A person who willfully and knowingly violates the 5
provisions of section 21 or 22 of this act is guilty of a 6
misdemeanor. 7
Sec. 24. (Deleted by amendment.) 8
Sec. 25. This act becomes effective on October 1, 2024. 9
H