HOUSE BILL NO. 6536

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 14701 (MCL 324.14701), as added by 2020 PA 132, and by adding section 14707 to subpart 1 of part 147.

the people of the state of michigan enact:

Sec. 14701. As used in this subpart:

(a) "Department" means the department of environment, Great Lakes, and energy.

(b) "Consumer product" means any tangible personal property that is distributed in commerce and is normally used for personal, family, or household purposes, including any tangible personal property intended to be attached to or installed in any real property without regard to whether it is so attached or installed. Consumer product includes the packaging of a consumer product and food packaging. Consumer product does not include a food or beverage.

(c) (b) "Fire chief" means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.

(d) "Food" means that term as defined in section 1107 of the food law, 2000 PA 92, MCL 289.1107.

(e) "Food packaging" means packaging or a packaging component that is intended for direct food contact.

(f) "Manufacturer" means an individual, firm, partnership, organization, joint venture, or corporation that does either of the following:

(i) Manufactures a consumer product.

(ii) Applies packaging or a packaging component to a consumer product for distribution or sale.

(g) (c) "Organized fire department" means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.

(h) "Packaging" means a container or wrapper providing a means of marketing, protecting, or handling a consumer product, including unit packaging, intermediate packaging, or a shipping container. Packaging includes, but is not limited to, an unsealed receptacle, such as a carrying case, crate, cup, pail, rigid foil or other tray, wrapping film, bag, or tub.

(i) "Packaging component" means an individually assembled part of a packaging container or wrapper, including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closure, inks, and labels.

(j) (d) "PFAS" means a perfluoroalkyl or polyfluoroalkyl substance. However, with respect to food packaging, PFAS means a class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom.

(k) "Safer alternative" means an alternative substance that reduces hazard and exposure concerns and can be practicably and economically substituted for the original PFAS chemical.

Sec. 14707. (1) Subject to subsection (5), a person shall not knowingly manufacture, sell, offer for sale, distribute for sale in this state, or distribute for use in this state a consumer product to which PFAS has been intentionally added in any amount. This prohibition does not take effect unless both of the following occur:

(a) In compliance with subsection (2), the department determines that a safer alternative to PFAS, as it is used in the consumer product, is available.

(b) In compliance with subsection (4), the department reports its findings in support of the determination that a safer alternative is available.

(2) To determine whether safer alternatives to PFAS are available for use in a consumer product, the department shall conduct an alternatives assessment that does all of the following:

(a) Evaluates less toxic chemicals and nonchemical alternatives to replace the use of PFAS.

(b) Follows the "Interstate Chemicals Clearinghouse Alternatives Assessment Guide", version 1.1, published by the Interstate Chemicals Clearinghouse.

(c) Evaluates, at a minimum, chemical hazards, exposure, performance, cost, and availability.

(d) If the consumer product is food packaging, considers as possible safer alternatives only substances that have been approved for food contact by the United States Food and Drug Administration, such as through the issuance of a determination that the substances have a reasonable certainty of causing no harm.

(3) In conducting alternatives assessments under subsection (2), the department shall prioritize those consumer products most likely to result in PFAS exposure, such as food packaging and cosmetics.

(4) By January 1, 2024, the department shall provide to the legislature and make available to the public a report on its findings under subsection (2) and the results of a peer review of the alternatives assessments conducted under subsection (2).

(5) Both of the following apply to the effective date of the prohibition on the use of PFAS in subsection (1):

(a) If the report under subsection (4) finds that a safer alternative is available for a consumer product specified in the report, the prohibition takes effect January 1, 2025.

(b) If the report under subsection (4) does not find that a safer alternative is available for a consumer product, the prohibition does not take effect January 1, 2025 and subsection (6) applies.

(6) If the department does not find in the report required under subsection (3) that a safer alternative is available for a specific consumer product, by January 1, 2025, and each year thereafter, the department shall review and report to the legislature on alternatives to PFAS as they are used in the consumer product, in the manner described in subsections (2) and (4). If a report submitted to the legislature under this subsection finds that a safer alternative is available, the prohibition in subsection (1) takes effect 2 years after the date of that report.

(7) A manufacturer shall submit to the department a certificate of compliance stating that the consumer product produced by the manufacturer complies with subsections (1) to (6). All of the following apply:

(a) The certificate of compliance shall be on a form provided by the department.

(b) An authorized official of the manufacturer shall sign the certificate of compliance.

(c) The manufacturer shall submit the certificate of compliance by the effective date of any prohibition that results from the implementation of this section.

(d) The manufacturer shall keep a copy of the certificate of compliance on file for 3 years after the date of the last sale or distribution of the consumer product.

(e) If the manufacturer is required to provide a certificate of compliance under any other law of this state, the manufacturer may prepare a single certificate of compliance that contains the information required by that law and this section.

(f) If the manufacturer reformulates or alters the consumer product, the manufacturer shall submit an amended or new certificate of compliance for the reformulated or altered consumer product.