Illinois General Assembly - Full Text of SB0088
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Full Text of SB0088  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 1/20/2023, by Sen. Laura Fine


30 ILCS 500/45-26
415 ILCS 5/52.15 new

    Provides that the amendatory Act may be referred to as the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Law. Amends the Illinois Procurement Code. In provisions regarding environmentally preferable procurement, includes products that do not contain intentionally added PFAS chemicals in the definitions of "environmentally preferable supplies" and "environmentally preferable services". Amends the Environmental Protection Act. Provides that on and after specified dates, no person shall sell, offer for sale, distribute for sale, or distribute for use in the State specified products that contain intentionally added PFAS chemicals. Provides that on and after January 1, 2025, a PFAS manufacturer of cookware sold in the State that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of PFAS chemicals on the product label and comply with other specified requirements. Contains exemptions from the requirements for specified cookware. On and after January 1, 2025, prohibits manufacturers from making a claim on cookware packaging that the cookware is free of any PFAS chemical, unless no individual PFAS chemical is intentionally added to the cookware. Contains notification requirements. Contains other provisions.

LRB103 04643 CPF 50348 b





SB0088LRB103 04643 CPF 50348 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the PFAS Consumer
5Protection Law.
6    Section 5. The Illinois Procurement Code is amended by
7changing Section 45-26 as follows:
8    (30 ILCS 500/45-26)
9    Sec. 45-26. Environmentally preferable procurement.
10    (a) Definitions. For the purposes of this Section:
11        (1) "Supplies" means all personal property, including
12    but not limited to equipment, materials, printing, and
13    insurance, and the financing of those supplies.
14        (2) "Services" means the furnishing of labor, time, or
15    effort by a contractor, not involving the delivery of a
16    specific end product other than reports or supplies that
17    are incidental to the required performance.
18        (3) "Environmentally preferable supplies" means
19    supplies that are less harmful to the natural environment
20    and human health than substantially similar supplies for
21    the same purpose. Attributes of environmentally preferable
22    supplies include, but are not limited to, the following:



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1                (i) made of recycled materials, to the maximum
2            extent feasible;
3                (ii) not containing, emitting, or producing
4            toxic substances, such as products that do not
5            contain intentionally added PFAS chemicals as that
6            term is defined in subsection (b) of Section 52.15
7            of the Environmental Protection Act;
8                (iii) constituted so as to minimize the
9            production of waste; and
10                (iv) constituted so as to conserve energy and
11            water resources over the course of production,
12            transport, intended use, and disposal.
13        (4) "Environmentally preferable services" means
14    services that are less harmful to the natural environment
15    and human health than substantially similar services for
16    the same purpose. Attributes of "environmentally
17    preferable services" include, but are not limited to, the
18    following:
19                (i) use of supplies made of recycled
20            materials, to the maximum extent feasible;
21                (ii) use of supplies that do not contain,
22            emit, or produce toxic substances, such as
23            products that do not contain intentionally added
24            PFAS chemicals as that term is defined in
25            subsection (b) of Section 52.15 of the
26            Environmental Protection Act;



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1                (iii) employment of methods that minimize the
2            production of waste; and
3                (iv) employment of methods that conserve
4            energy and water resources or use energy and water
5            resources more efficiently than substantially
6            similar methods.
7    (b) Award of contracts for environmentally preferable
8supplies or services. Notwithstanding any rule, regulation,
9statute, order, or policy of any kind, with the exceptions of
10Sections 45-20 and 45-25 of this Code, State agencies shall
11contract for supplies and services that are environmentally
13    If, however, contracting for an environmentally preferable
14supply or service would impose an undue economic or practical
15hardship on the contracting State agency, or if an
16environmentally preferable supply or service cannot be used to
17meet the requirements of the State agency, then the State
18agency need not contract for an environmentally preferable
19supply or service. Specifications for contracts, at the
20discretion of the contracting State agency, may include a
21price preference of up to 10% for environmentally preferable
22supplies or services.
23(Source: P.A. 96-197, eff. 1-1-10.)
24    Section 10. The Environmental Protection Act is amended by
25adding Section 52.15 as follows:



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1    (415 ILCS 5/52.15 new)
2    Sec. 52.15. Intentionally added PFAS chemicals; PFAS
4    (a) The General Assembly finds:
5        (1) Contamination of the soil and water in the State
6    by PFAS chemicals poses a significant threat to the
7    State's environment and its residents.
8        (2) A growing body of scientific research has found
9    that exposure to PFAS chemicals may lead to serious and
10    harmful health effects.
11        (3) The full extent of the contamination of the soil
12    and water in the State by PFAS is not currently known and
13    additional expenditures will be required to identify and
14    remediate existing PFAS contamination.
15        (4) PFAS chemicals continue to be used in products
16    across a variety of industries and for many different
17    purposes.
18        (5) PFAS chemicals are not necessary in many products
19    and could be replaced with less harmful chemicals and
20    technologies.
21        (6) If the widespread sale and distribution of
22    products that contain intentionally added PFAS chemicals
23    continues in the State:
24            (A) there is a larger risk of PFAS chemicals
25    migrating into the natural environment;



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1            (B) residents of the State will likely suffer
2    adverse health effects from exposure to PFAS chemicals;
3    and
4            (C) the State and units of local government will
5    be burdened with the testing, monitoring, and cleanup
6    costs necessary to protect residents from exposure to PFAS
7    chemicals.
8        (7) The General Assembly, therefore, declares that it
9    is imperative for the health and safety of the State's
10    residents to phase out, through regulation, the sale and
11    distribution of certain product categories in the State
12    that contain intentionally added PFAS chemicals.
13    (b) In this Section:
14    "Adult mattress" means a mattress product that is not a
15crib mattress or toddler mattress.
16    "Apparel" means a clothing item intended for regular wear
17or formal occasions, such as an undergarment, shirt, pants,
18skirt, dress, overall, bodysuit, costume, vest, dancewear,
19suit, sari, scarf, top, legging, school uniform, leisurewear,
20athletic wear, sport uniform, everyday swimwear, formal wear,
21onesie, bib, diaper, footwear, and everyday workwear uniform.
22"Apparel" does not include professional uniforms or outerwear
23intended for extreme conditions.
24    "Carpet or rug" means a fabric product marketed or
25intended for use as a floor covering in a household or



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1    "Consumer" means the end user of a product.
2    "Cookware" means a durable houseware product that is used
3in residences or kitchens to prepare, dispense, or store food
4or beverages. "Cookware" includes pots, pans, skillets,
5grills, baking sheets, baking molds, trays, bowls, and cooking
7    "Cosmetic" means a product intended to be rubbed or
8introduced into, poured, sprinkled, or sprayed on, or
9otherwise applied to the human body for cleaning, cleansing,
10beautifying, promoting attractiveness, or altering the
11appearance of the human body. "Cosmetic" includes a skin
12moisturizer, perfume, lipstick, nail polish, eye or facial
13makeup, shampoo, conditioner, permanent wave, hair dye, and
14deodorant. "Cosmetic" does not include a product that requires
15a prescription for distribution or dispensation.
16    "Drilling fluid" means a fluid that is circulated into the
17borehole of a well to lubricate and cool a drill bit.
18    "Fabric treatment" means a product applied to fabric to
19give the fabric one or more characteristics, such as stain
20resistance and water resistance.
21    "Food packaging" means a package or packaging component
22used in direct contact with food and composed in substantial
23part of paper, paperboard, or any other material originally
24derived from plant fibers.
25    "Hydraulic fracturing fluid" means a fluid, such as a base
26fluid or a fluid additive, injected into an oil or gas well to



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1perform a hydraulic fracturing operation.
2    "Intentionally added PFAS chemical" means a PFAS chemical
3that a PFAS manufacturer has intentionally added to a product
4and that has a functional or technical effect on the product.
5"Intentionally added PFAS chemical" includes a chemical that
6is produced through the decomposition of a PFAS chemical that
7a PFAS manufacturer has intentionally added to a product.
8    "Juvenile product" means a product designed for use by
9infants or children under 12 years of age. "Juvenile product"
10includes all of the following:
11        (1) Bassinets and other bedside sleepers.
12        (2) Booster seats, car seats, and other child
13    restraint systems.
14        (3) Changing pads.
15        (4) Co-sleepers.
16        (5) Crib mattresses or toddler mattresses.
17        (6) Play mats, such as floor play mats.
18        (7) Highchairs and highchair pads.
19        (8) Infant bouncers.
20        (9) Infant carriers.
21        (10) Infant or toddler foam pillows.
22        (11) Infant seats.
23        (12) Infant sleep positioners.
24        (13) Infant swings.
25        (14) Infant travel beds.
26        (15) Nap cots.



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1        (16) Nursing pads and pillows.
2        (17) Playpens.
3        (18) Play yards.
4        (19) Polyurethane foam mats, pads, or pillows.
5        (20) Portable foam nap mats.
6        (21) Portable infant sleepers and hook-on chairs.
7        (22) Soft-sided portable cribs.
8        (23) Strollers.
9    "Juvenile product" does not include any of the following:
10        (1) Electronic products, such as any of the following:
11            (A) Personal computers and associated equipment.
12            (B) Audio and video equipment.
13            (C) Calculators.
14            (D) Wireless phones.
15            (E) Gaming consoles.
16            (F) Handheld devices that incorporate a video
17        screen.
18            (G) Any peripheral device associated with an
19        electronic product such as a mouse, keyboard, power
20        supply unit, or power cord.
21        (2) An internal component of what would otherwise
22    constitute a juvenile product but that would not come into
23    direct contact with a child's skin or mouth during the
24    reasonably foreseeable use or abuse of the juvenile
25    product by a child.
26        (3) Adult mattresses.



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1    "Oil and gas product" means a hydraulic fracturing fluid,
2drilling fluid, or proppant.
3    "Package" means a material intended or used to contain,
4protect, handle, deliver, or present a product.
5    "Packaging component" means an individual part of a
6package, such as interior or exterior blocking, bracing,
7cushioning, weatherproofing, exterior strapping, coatings,
8closures, inks, and labels.
9    "PFAS chemical" means any of the perfluoroalkyl substances
10or polyfluoroalkyl substances included in the United States
11Environmental Protection Agency's expanded ToxCast chemical
13    "PFAS manufacturer" means a person or entity who
14manufacturers or assembles a product containing PFAS chemicals
15or whose brand name is affixed to a product containing PFAS
16chemicals. If the product is imported into the United States
17and the person or entity who manufacturers or assembles the
18product or whose brand name is affixed to the product does not
19have a presence in the United States, the importer or first
20domestic distributor of the product is a "PFAS manufacturer".
21    "Product" means an item that is manufactured, assembled,
22or otherwise prepared for sale or distribution to consumers
23and that is sold or distributed for personal, residential,
24commercial, or industrial use, such as for use in making
25another item. "Product" includes any component of such an
26item. "Product" does not include any of the following:



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1        (1) A drug, medical device, biologic, or diagnostic
2    approved or authorized by the United States Food and Drug
3    Administration or the United States Department of
4    Agriculture.
5        (2) Veterinary pesticide products approved by the
6    United States Environmental Protection Agency for use in
7    animals.
8        (3) A material used in the packaging of the materials
9    described in paragraphs (1) and (2).
10        (4) A product sold or resold before the effective date
11    of this amendatory Act of the 103rd General Assembly.
12    "Product category" means a class or division of products
13that share related characteristics.
14    "Product component" means an identifiable component of a
15product, regardless of whether the product's PFAS manufacturer
16is the component's PFAS manufacturer.
17    "Proppant" means a material inserted or injected into an
18underground geologic formation during an oil and gas operation
19to prevent a geologic fracture from closing.
20    "Textile" includes leather, cotton, silk, jute, hemp,
21wool, nylon, and polyester.
22    "Textile furnishing" means a textile of a type customarily
23used in households and businesses but that are not used in
24medical, professional, or industrial settings. "Textile
25furnishing" includes any drapery, floor covering, furnishing,
26bedding, towel, or tablecloth.



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1    "Upholstered furniture" means an article of furniture
2designed for sitting, resting, or reclining and wholly or
3partially stuffed with a filling material.
4    (c) On and after January 1, 2025, no person shall sell,
5offer for sale, distribute for sale, or distribute for use in
6the State any product in any of the following product
7categories if the product contains an intentionally added PFAS
9        (1) Carpets or rugs.
10        (2) Fabric treatments.
11        (3) Food packaging.
12        (4) Juvenile products.
13        (5) Oil and gas products.
14        (6) Apparel.
15    (d) On and after January 1, 2026, no person shall sell,
16offer for sale, distribute for sale, or distribute for use in
17the State any of the following products that contain an
18intentionally added PFAS chemical:
19        (1) Cosmetics.
20        (2) Indoor textile furnishings.
21        (3) Indoor upholstered furniture.
22    (e) On and after January 1, 2027, no person shall sell,
23distribute for sale, offer for sale, or distribute for use in
24the State any of the following products that contain an
25intentionally added PFAS chemical:
26        (1) Outdoor textile furnishings.



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1        (2) Outdoor upholstered furniture.
2    (f) On and after January 1, 2025, a PFAS manufacturer of
3cookware sold in this State that contains an intentionally
4added PFAS chemical in the handle of the cookware or in any
5surface of the cookware that comes into contact with food,
6foodstuffs, or beverages shall list the presence of PFAS
7chemicals on the cookware's product label. The PFAS
8manufacturer shall ensure that the product label is at least 2
9square inches in size and includes a statement on the product
10label in both English and Spanish that reads: "For more
11information about PFAS chemicals in this product, visit"
12followed by both of the following:
13        (1) The address of a website of the PFAS manufacturer
14    that provides information explaining the purpose of the
15    intentionally added PFAS chemical.
16        (2) A quick response (QR) code, or other
17    machine-readable code, consisting of an array of squares
18    and that stores information directing consumers to the
19    website required under paragraph (1).
20    (g) A PFAS manufacturer of cookware sold in this State
21shall ensure that the product label statement required under
22subsection (f) is legible and visible to consumers, such as on
23the PFAS manufacturer's online listing of the cookware.
24    (h) Cookware is exempt from this Section if it meets all of
25the following requirements:
26        (1) The surface area of the cookware is not large



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1    enough for a product label that meets the requirements of
2    subsection (f) to be affixed to the item.
3        (2) The cookware does not have any of the following:
4            (A) An exterior container or wrapper upon which a
5        product label can appear or be affixed.
6            (B) A tag or label to which information about the
7        cookware may be attached.
8    (i) On and after January 1, 2025, a PFAS manufacturer
9shall not make a claim on a package for cookware that the
10cookware is free of any intentionally added PFAS chemical
11unless the cookware contains no intentionally added PFAS
13    (j) Cookware that contains an intentionally added PFAS
14chemical in the handle of the product or in any surface of the
15cookware that comes into contact with food, foodstuffs, or
16beverages shall not be sold, offered for sale, or distributed
17in this State unless the cookware and its PFAS manufacturer
18are in compliance with subsections (f) through (i).
19    (k) A PFAS manufacturer that sells or distributes a
20product that contains intentionally added PFAS chemicals for
21use in the State shall submit a written notification to the
22Agency that includes:
23        (1) the trade name of the product;
24        (2) a description of the purpose that PFAS chemicals
25    serve in the product;
26        (3) the name and physical address of the PFAS



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1    manufacturer;
2        (4) the name, physical address, and phone number of a
3    contact person for the PFAS manufacturer; and
4        (5) any additional information required by the Agency
5    by rule.
6    A PFAS manufacturer who sells or distributes a product
7containing intentionally added PFAS chemicals for use in the
8State on or before December 31, 2024 shall submit the written
9notification required under this subsection no later than 30
10days before January 1, 2025.
11    A PFAS manufacturer who sells or distributes a product
12containing intentionally added PFAS chemicals for use in the
13State on or after January 1, 2025 shall submit the written
14notification required under this subsection at least 30 days
15after the PFAS manufacturer sells or distributes the product.
16    No later than 30 days after the Agency receives a written
17notification from a PFAS manufacturer under this subsection,
18the Agency shall publish the trade name of the product and the
19name of the PFAS manufacturer of the product on the Agency's
21    If there is a subsequent change in information after being
22provided in a notification under this subsection, the PFAS
23manufacturer shall notify the Agency of the change not less
24than 30 days after the date that the PFAS manufacturer becomes
25aware of it.
26    When submitting notification required under this



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1subsection, a PFAS manufacturer shall pay a fee in an amount
2established or adjusted by the Agency by rule to be used by the
3Agency for costs incurred in the administration or
4implementation of this Section. The Agency may base the fee on
5the amount of PFAS chemicals used in a product or product
6category or the amount of sales of the product or product
7category in the State.
8    (l) The Agency may:
9        (1) enter into an agreement with one or more states or
10    political subdivisions of a state to collect notification
11    required under subsection (k); and
12        (2) allow PFAS manufacturers to submit notification
13    required under subsection (k) to a system shared with one
14    or more states or political subdivisions of a state.
15    (m) The Director of the Agency may waive all or part of the
16notification requirements in subsection (k) if the Director
17determines that substantially equivalent information is
18publicly available.
19    The Director may extend the deadline for a notification
20requirement under subsection (k) if the Director determines
21that a PFAS manufacturer needs more time to comply with the
22notification requirement.
23    (n) Moneys from fees collected under this Section shall be
24deposited into the Environmental Protection Trust Fund.
25    (o) The Agency shall propose, and the Board shall adopt,
26rules necessary to implement this Section.



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1    (p) A PFAS manufacturer or person who violates this
2Section is subject to a civil penalty not to exceed $5,000 for
3a first violation and a civil penalty not to exceed $10,000 for
4a second or subsequent violation. Penalties collected under
5this Section must be deposited into the Environmental
6Protection Trust Fund to be used in accordance with the
7provisions of this Act.
8    (q) The Attorney General has the authority to enforce this
9Section, conduct civil investigations, and bring a civil
10action for any violation of this Section.