A3125 1R [First Reprint] ASSEMBLY, No.

HAIDER District 37 (Bergen) Assemblywoman  SHANIQUE SPEIGHT District 29 (Essex and Hudson)   Co-Sponsored by:

Assemblyman Sampson, Assemblywomen McCoy, Flynn, Pintor Marin, Assemblyman MillerMiller, andAssemblywomen Park, Brennan, Murphy, Assemblyman Bhalla, Assemblywoman ParkDrulis, Assemblyman Freiman, Assemblywomen Rowan, Morales and Sweeney         SYNOPSIS      Limits regulated perfluoroalkyl and polyfluoroalkyl substances in menstrual products.

  CURRENT VERSION OF TEXT      IntroducedAs Pendingreported Technicalby Reviewthe byAssembly LegislativeConsumer Counsel.Affairs Committee on February 12, 2026, with amendments.

            1.   1.   a.  As used in this act:

     1“Intentionally added PFAS” means PFAS added to a product or a product’s components to provide a specific characteristic, appearance, or quality or to perform a specific function.  The term includes any degradation byproducts of PFAS but excludes a technically unavoidable trace quantity of PFAS as measured in total organic fluorine.1      “Menstrual product” means a product manufactured for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear.  The term shall include both disposable and reusable products.

     “Regulated1[“Regulated perfluoroalkyl and polyfluoroalkyl substances” or “Regulated PFAS” means:       (1) "Intentionally added PFAS," which means PFAS added to a product or one of the product's components to provide a specific characteristic, appearance, or quality or to perform a specific function and includes any degradation byproducts of PFAS;

or      (2) the presence of PFAS in a product or product component at or above a technically unavoidable trace quantity, as measured in total organic fluorine.fluorine.]1      b.    A manufacturer of menstrual products shall not sell, distribute, or offer for sale or use in this State any menstrual product containing 1[regulated] intentionally added1 PFAS.       c.     (1) The Department of Environmental Protection shall establish a system for manufacturers to periodically test for the presence of 1[regulated] intentionally added1 PFAS in menstrual products, to be conducted by a laboratory approved by the commissioner.       (2) The commissioner shall publish on the department’s Internet website a list of approved laboratories and a list of acceptable testing methods to be used to satisfy the requirements of paragraph (1) of this subsection.       d.    The results of a test conducted pursuant to subsection c.

     b.    A manufacturer of menstrual products shall not sell, distribute, or offer for sale or use in this State any menstrual product containing regulated PFAS.       c.     (1) The Department of Environmental Protection shall establish a system for manufacturers to periodically test for the presence of regulated PFAS in menstrual products, to be conducted by a laboratory approved by the commissioner.       (2) The commissioner shall publish on the department’s Internet website a list of approved laboratories and a list of acceptable testing methods to be used to satisfy the requirements of paragraph (1) of this subsection.       d.    The results of a test conducted pursuant to subsection c.

    STATEMENT         The bill limits the use of regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) in menstrual products.

      The bill defines menstrual products as those manufactured for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear.  The term includes both disposable and reusable products.

      Under the bill regulated PFAS are defined as:

      (1) "intentionally added PFAS," which means PFAS added to a product or one of the product's components to provide a specific characteristic, appearance, or quality or to perform a specific function and includes any degradation byproducts of PFAS;

or       (2) the presence of PFAS in a product or product component above a technically unavoidable trace quantity, as measured in total organic fluorine.        The bill requires the Department of Environmental Protection (DEP) to establish a system to test for regulated PFAS and approve of laboratories to conduct the tests.  Results of any test conducted pursuant to the bill are required to be available to the Department of Health (DOH) for inspection, either from the manufacturer or the laboratory.        A violation of the bill’s provisions would be an unlawful practice under the “Consumer Fraud Act,” P.L.1960, c.39 (C.56:8-1 et seq.), and would be 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.  Additionally, a violation of the “Consumer Fraud Act” 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.

      The bill would be effective two years after enactment, but permits the commissioners of DEP and DOH to take anticipatory administrative action.