Mass. Gen. Laws ch. 111 § 245

Current through Chapter 223 of the 2024 Legislative Session

Section 111:245 - [Multiple versions] [Effective 1/1/2025] [Effective Until 1/1/2027] PFAS chemicals in firefighting personal protective equipment

(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Firefighting personal protective equipment", clothing or wearable items designed, intended or marketed to be worn by firefighting personnel in the performance of their duties that is designed for use in fire and rescue activities, including, but not limited to, jackets, pants, footwear, gloves, helmets and respiratory equipment.

"Intentionally-added PFAS", PFAS chemicals that are added to a product or that enter the product from the manufacturing or processing of the product; provided, however, that the manufacturer of the product knows, or is reasonably expected to know, or possesses or controls information of the addition of PFAS chemicals; and provided further, that "intentionally-added PFAS" shall include any degradation products containing PFAS chemicals or products for which PFAS chemicals or PFAS precursors are used as a processing agent or mold release agent or PFAS created by chemical reactions.

"Local government", a county, city, town, fire district, regional fire protection authority or special purpose district that provides firefighting services.

"Manufacturer", a person, firm, association, partnership, corporation, organization, joint venture, importer or domestic distributor that manufactures, sells or distributes firefighting agents or firefighting equipment; provided, however, that in the case of a product imported into the United States, "manufacturer" shall include the importer or first domestic distributor of the product if the person that manufactured or assembled or whose brand name is affixed to the product does not have a presence in the United States.

"Perfluoraolkyl and polyfluoraolkyl substances" or "PFAS chemicals", a class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom.

(b)

(1) A manufacturer or other person that sells firefighting personal protective equipment containing PFAS chemicals to any person, local government or state agency shall provide written notice to the purchaser at the time of sale which shall state:

(i) that the firefighting personal protective equipment contains PFAS chemicals;

(ii) the reason for which the firefighting personal protective equipment contains PFAS chemicals; and

(iii) the specific PFAS chemicals within the product listed by chemical name and abbreviated name.

(2) A manufacturer or other person selling firefighting personal protective equipment and the purchaser of said equipment shall retain a copy of the notice on file for not less than 3 years from the date of the purchase. Upon the request of the department, a manufacturer or purchaser shall furnish the notice, or copies of the notice, and associated sales documentation to the department within 60 days of the request.

Mass. Gen. Laws ch. 111, § 245

Added by Acts 2024, c. 182,§ 1, eff. 1/1/2025.

This section is set out more than once due to postponed, multiple, or conflicting amendments.