On Wednesday, June 8, Illinois Governor JB Pritzker signed into law a first-in-the-nation policy that prohibits the disposal by incineration of PFAS (perfluoroalkyl and polyfluoroalkyl substances) that are listed in the U.S. Environmental Protection Agency’s Toxic Release Inventory. This includes, but is not strictly limited to, PFAS substances that are often found in aqueous film-forming foam, otherwise known as firefighting foam. In 2020, New York adopted a similar law that banned the incineration of PFAS-containing firefighting foams at a specific facility, but Illinois is the first to issue a statewide ban on incinerating certain PFAS. 

Today, the Keep Food Containers Safe From PFAS Act was passed as an amendment to the FDA Safety and Landmark Advancements (FDASLA) Act of 2022 on a bipartisan vote (13-9) in the Senate Committee on Health Education Labor and Pensions (HELP). The amendment, which will ban the use of PFAS (perfluoroalkyl or polyfluoroalkyl substances) in food packaging, was offered by Sen. Maggie Hassan (D-NH) with the support of Senator Murkowski (R-AK).

Today, Colorado Governor Jared Polis signed into law a groundbreaking bipartisan bill restricting the sale of PFAS “forever chemicals” in consumer products including oil and gas products; carpets or rugs; cosmetics; fabric treatments; food packaging; juvenile products; textile furnishings; and upholstered furniture. While several states have passed legislation to restrict PFAS in certain products, Colorado is the first in the U.S. to include a prohibition on PFAS chemicals in fluids that are used in the extraction of oil and gas products. Colorado is also the first state in the country to pass a state law that explicitly bans the entire class of PFAS in cosmetics, textile furnishings and indoor and outdoor furniture.

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. 

Today, Vermont Governor Phil Scott signed the first-ever state law (S. 113) that gives individuals the right to seek medical monitoring of diseases linked to toxic chemical exposures from corporate polluters. It would also allow the State of Vermont to sue the companies that make dangerous chemicals for the harm they cause to Vermont’s air, land, water, and public facilities. The law makes Vermont the first state in the nation to place in statute the responsibility of corporate polluters, instead of victims, to pay for medical monitoring for diseases linked to toxic chemical exposure.