Rhode Island Amends Consumer PFAS Ban Act, Adding Product Exemptions

On June 19, 2026, Rhode Island Governor Dan McKee signed House Bill H7734. This bill amends the state's Consumer PFAS Ban Act of 2024. The key revisions are summarized as follows.

1. New Product Exemption Mechanism

The Director of the Department of Environmental Management (DEM) is granted authority to issue exemptions for specific products or product categories, provided all three conditions are met:

• The product is environmentally beneficial or protects public health/safety;
• No technically feasible PFAS alternative is available; and
• No reasonably priced, PFAS-free comparable product is available.

Before granting an exemption, the Director must consult with neighboring states and regional organizations to promote regulatory consistency across states. Exemptions may be renewed for periods of up to five years each.

2. Specified Penalty Amounts

• General violations (effective from 2027): A fine of up to $1,000 for the first offense, and up to $5,000 for each subsequent offense.
• Class B firefighting foam violations: Up to $5,000 for the first offense, and up to $10,000 for repeat violations.

3. Cosmetic Trace Contaminant Exemption

A new provision provides that trace amounts of PFAS in cosmetics are not deemed a violation if they result from non-intentional and unavoidable causes during production, as intended by regulation—such as impurities in natural or synthetic raw materials, manufacturing processes, storage, or packaging migration.

4. Refined Provisions on Firefighting Foam and Firefighter Protective Equipment

• Class B firefighting foam: Beginning in 2025, PFAS-containing foam is prohibited for training and sale. Exceptions apply if federal regulations mandate its use, but strict reporting, control, and prevention of environmental release are required. End-user stations may apply for a temporary exemption of up to one year. Manufacturers must recall prohibited products and reimburse purchasers by March 1, 2025.
• Firefighter personal protective equipment (PPE): Beginning in 2025, sellers must provide written notice to purchasers regarding whether the equipment contains PFAS and the reasons why. Beginning in 2027, the sale of firefighter protective equipment containing intentionally added PFAS is prohibited.

5. Clarification of Definitions and Prohibition Timelines

• The definition of "intentionally added PFAS" has been updated to clarify that processing aids, mold release agents, or intermediates detected in the final product are also considered intentionally introduced.
• The prohibition timeline is reaffirmed: general covered products—January 1, 2027; artificial turf and outdoor apparel for extreme wet conditions—January 1, 2029 (the latter must be labeled "Made with PFAS chemicals").
• The sale of second-hand products is not subject to the prohibition.

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