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As most states have now wrapped up their legislative sessions, we’ve found that states across the nation have adopted a range of innovative policies to combat toxic chemicals and incentivize the adoption of safer solutions.  So far this year, 17 states have adopted at least 35 policies that help transform our economic system to better protect communities and create incentives for industry to develop safer chemicals and materials. 

Safer States published 2023 Analysis of State Legislation Addressing Toxic Chemicals and Materials on February 6, 2023 which analyzed state-level policies driving toward safer chemicals and materials and healthier communities, finding that at least 30 states will consider policies in 2023. Safer States anticipates that at least 260 policies will be under consideration in 2023 with PFAS, plastics and cosmetics being the most relevant issues.

The year 2022 was a pivotal year where numerous states took significant action to safeguard human and environmental health from toxic chemicals and pushed toward a system based on safer chemicals and materials. Given the urgency of the PFAS chemical crisis contaminating drinking water across the country, states drove an ambitious agenda, pushing for class-based restriction of toxic chemicals, transparency about what chemicals are in what products, holding polluters accountable, preventing false solutions, and investing in cleanup.

There is reason to hope that we can see beyond the political divisions that were evident on election day 2022 and work together to address common threats. One issue, in particular, has consistently drawn bipartisan attention from state legislators across the country — the need to address toxic PFAS chemicals that are contaminating communities and drinking water.

 

Mark Hyland, Board Chair for Defend Our Health, has been an REI member since 1973. PFAS contamination is a huge problem in his home state of Maine where multi-generation dairy farms have closed forever due to this “forever chemical”. He is urging REI to step up to the plate and address PFAS in their products now rather than later.

On Wednesday, Maine Governor Janet Mills signed into law a bipartisan bill, LD 1911, that is the first in the nation to ban the spreading of sludge and sludge-derived compost as fertilizer. Sludge has been the source of widespread contamination from PFAS (per- and polyfluoroalkyl substances), known as “forever chemicals,” forcing family farms to shut down and poisoning drinking water wells of entire communities. The law bans the use of sludge as a soil amendment. 

What a year! In 2021 states have once again stepped up and created incentives for safer chemistries, materials as well as protections from toxic chemicals. Using PFAS as a way to highlight the problem, states drove a big toxics agenda including pushing for a class-based restriction of toxic chemicals, transparency about what chemicals are in what products, and identification of safer materials and processes. 

Today, Maine’s groundbreaking bill that bans “intentionally added” toxic PFAS chemicals in all products by 2030 became law. The new law positions Maine as the first state in the country to establish a procedure to eliminate PFAS in all products, except where the state determines the use is “currently unavoidable,” meaning that the use is both critical for health or safety and a safer alternative is not available.

A new report by the Toxic-Free Food Campaign titled “Capped With Toxics” found toxic chemicals called ortho-phthalates in more than one-third of the 141 beverage brands tested.

The new book “Count Down” by environmental and reproductive epidemiologist Shanna Swan crystallizes just how dangerous endocrine disrupting chemicals, such as phthalates and bisphenols, are to human reproductive health – and even pose a threat to the potential survival of the human species. States have been leading the charge to combat these harmful chemicals.

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