S 1281

[Second Reprint]
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No. 1281
STATE OF NEW JERSEY
222nd LEGISLATURE
� ADOPTED
MARCH 16, 2026
Sponsored by:
Senator� LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Senator� SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Assemblyman� WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Assemblyman� CHIGOZIE U. ONYEMA
District 28 (Essex and Union)
Assemblywoman� KATIE BRENNAN
District 32 (Hudson)
Co-Sponsored by:
Senators Mukherji, McKeon, Assemblywoman Swain and
Assemblyman Tully
SYNOPSIS
���� Prohibits sale, manufacture, and distribution of
certain apparel and diaper products containing intentionally added
perfluoroalkyl and polyfluoroalkyl substances.
CURRENT VERSION OF TEXT
���� As reported by the Assembly Budget Committee on June
28, 2026, with amendments.
An Act concerning perfluoroalkyl and polyfluoroalkyl
substances in apparel 1and diaper products1 and
amending and supplementing P.L.2025, c.202.
���� Be It Enacted by the Senate and General Assembly of the State of New Jersey:
���� 1.��� (New section) a.� Beginning
two years after the effective date of P.L.��� , c.���� (C.������� ) (pending
before the Legislature as this bill), no person shall sell, offer for sale,
manufacture, or distribute for sale or use in the State 1[any]1 2any2 apparel
1or
2[a]2 diaper
product1
containing intentionally added PFAS.
���� b.��� 2(1)
Beginning two years after the effective date of P.L.��� , c.���� (C.������� )
(pending before the Legislature as this bill), a manufacturer of any apparel or
diaper product shall certify, in a form and manner prescribed by the division,
that each apparel or diaper product that it manufactures does not contain
intentionally added PFAS.
���� (2) The certification
required by paragraph (1) of this subsection shall be submitted to the division
and be valid for a period of five years.� Upon a modification to the
manufacturing process or material components of an apparel or diaper product,
the product�s manufacturer shall submit a revised certification reflecting the
modifications and that the product does not contain intentionally added PFAS.
���� (3) A manufacturer of any
apparel or diaper product shall provide a copy of the certification required by
paragraph (1) of this subsection to any person or entity that purchases any
apparel or diaper product from the manufacturer.
���� c.2�� A
violation of the provisions 2[of subsection
a.]2
of this section shall constitute a violation of P.L.2025, c.202 (C.56:3-53 et
al.), and the violator shall be subject to all remedies and penalties available
pursuant to section 10 of P.L.2025, c.202 1[(C.56:3-63)]� (C.56:3-62)1.
���� 2[c.] d.2���� Nothing
in this section shall be construed to impose liability on any news media that
accepts or publishes advertising for any product or activity that would
otherwise be subject to the provisions of this section.
���� 2.��� Section 3 of P.L.2025,
c.202 (C.56:3-55) is amended to read as follows:
���� 3.��� As used in sections 1
through 11 of [this
act] P.L.2025,
c.202 (C.56:3-53 through C.56:3-63) and section 1 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this 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, 1[diapers,]1 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, clothing items for exclusive use by the United States military, or
equipment and protective apparel designed to be used for the safe operation of
a motorcycle or off-highway vehicle.
���� �Carpet� means a rug or fabric
marketed or intended for use as a floor covering.
���� �Cookware� means durable
houseware items that are used to prepare, dispense, or store food, foodstuffs,
or beverages, that are intended for direct food contact, and that are items to
which heat is transferred or which come into direct contact with a heat source,
including pots, pans, skillets, grills, baking sheets, baking molds, trays,
bowls, and cooking utensils. ��Cookware� does not include products that are
intended for commercial use only.
���� �Cosmetic� means (1) articles
intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or
otherwise applied to the human body or any part thereof for cleansing,
beautifying, promoting attractiveness, or altering the appearance, and (2) articles
intended for use as a component of any such articles; except that such term
shall not include soap.
���� 1�Diaper
product� means an absorbent product, either disposable or reusable,
manufactured to be worn to contain human waste.� The term 2[excludes] �diaper
product� shall not include2
a �menstrual product� as that term is defined in subsection a. of section 1
of P.L.2025, c.232 (C.56:3-52.1).1�
���� �Division� means the Division
of Consumer Affairs in the Department of Law and Public Safety.
���� �Fabric treatment� means a
substance applied to fabric to give the fabric one or more characteristics,
including, but not limited to, stain resistance or water resistance.�
���� �Food packaging� means a
nondurable package, packaging component, or food service ware that is intended
to contain, serve, store, handle, protect, or market food, foodstuffs, or
beverages, and is composed, in substantial part, of paper, paperboard, or other
materials originally derived from plant fibers. �Food packaging� includes food
or beverage containers, take-out food containers, unit product boxes, liners,
wrappers, serving vessels, eating utensils, straws, food boxes, and disposable
plates, bowls, or trays.
���� �Intentionally added PFAS�
means PFAS added to a product or intentionally used during the development of a
product or one of its product components to provide a specific characteristic,
appearance, or quality or to perform a specific function. ��Intentionally added
PFAS� also includes any degradation byproducts of PFAS. �Intentionally added
PFAS� shall not include a technically unavoidable trace quantity of PFAS which
stems from impurities of natural or synthetic ingredients or the manufacturing
process, storage, or migration from packaging of the product or product
component.
���� �Internal component� means an
internal part of a product, whether permanently affixed or removable, that is
designed and intended to not be touched by a person during the intended use or
handling of the product. ��Internal component� includes parts of a product used
for holding batteries, regardless of whether the parts are touched when
replacing batteries.
���� �Manufacturer� means the
person that manufactures a product or whose brand name is affixed to the
product. �In the case of a product imported into the United States,
�manufacturer� includes the importer or first domestic distributor of the
product if the person that manufactured or assembled the product or whose brand
name is affixed to the product does not have a presence in the United States.
���� �Perfluoroalkyl and
polyfluoroalkyl substances� or �PFAS� means substances that include any member
of the class of fluorinated organic chemicals containing at least one fully
fluorinated carbon atom.
���� �Product� means an item
manufactured, assembled, packaged, or otherwise prepared for sale to consumers,
including its product components, which is sold or distributed for personal,
residential, commercial, or industrial use, including for use in making other
products.
���� �Product component� means an
identifiable component of a product, regardless of whether the manufacturer of
the product is the manufacturer of the component.
���� �Product label� means a
display of written, printed, or graphic material that appears on, or is affixed
to, the exterior of a product, or its exterior container or wrapper that is
visible to a consumer, if the product has an exterior container or wrapper.
(cf: P.L.2025, c.202, s.3)
���� 3.��� Section 16 of P.L.2025,
c.202 is amended to read as follows:
���� 16.� a.� The Department of
Environmental Protection may, pursuant to the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules or regulations
necessary to implement the provisions of sections 12 through 14 of 1[this]1 [act] P.L.2025,
c.202 (C.13:1D-71 through C.13:1D-73).
���� b.� The Division of Consumer
Affairs in the Department of Law and Public Safety may, pursuant to the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), adopt
rules or regulations necessary to implement the provisions of sections 1
through 11 of [this
act] P.L.2025,
c.202 (C.56:3-53 through C.56:3-63) and section 1 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill).
(cf: P.L.2025, c.202, s.16)
���� 4.��� This act shall take
effect immediately.