H.F. 775 Section 1. NEW SECTION . 455F.12 Upholstered furniture —— 1 flame retardant chemicals. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Flame-retardant chemical” means a chemical or chemical 5 compound for which a functional use is to resist or inhibit 6 the spread of fire. “Flame-retardant chemical” includes 7 halogenated, phosphorus-based, nitrogen-based, and nanoscale 8 flame retardants and any chemical or chemical compound for 9 which “flame retardant” appears on the substance safety data 10 sheet required under 29 C.F.R. §1910.1200(g). 11 b. “Upholstered furniture” means residential furniture 12 intended for indoor use in a home or dwelling unit and 13 consisting in whole or in part of resilient cushioning 14 materials enclosed within a covering that consists of fabric or 15 related materials. 16 2. Except as otherwise provided, a person shall not sell 17 or offer to sell or distribute for promotional purposes 18 upholstered furniture containing in its fabric or other 19 covering or in its cushioning materials more than one-tenth 20 of one percent of a flame-retardant chemical or more 21 than one-tenth of one percent of a mixture that includes 22 flame-retardant chemicals. 23 3. Subsection 2 does not apply to the following upholstered 24 furniture products containing flame-retardant chemicals: 25 a. Used upholstered furniture. 26 b. Upholstered furniture purchased for public use in public 27 facilities, including schools, jails, and hospitals, that meets 28 generally accepted flammability standards for seating furniture 29 used in public occupancies. 30 c. New upholstered furniture otherwise subject to 31 subsection 2 that is sold, offered for sale, or distributed for 32 promotional purposes in the state by a retailer or wholesaler 33 on or after January 1, 2020, and that was imported into the 34 state or otherwise purchased or acquired by the retailer or 35 -1- LSB 1320YH (5) 88 js/tm 1/ 5

H.F. 775 wholesaler for sale or distribution in the state prior to 1 January 1, 2020. 2 Sec. 2. NEW SECTION . 455F.13 Food packaging —— fire 3 fighting foam —— fire fighting personal protective equipment —— 4 perfluoroalkyl or polyfluoroalkyl substances. 5 1. As used in this section, unless the context otherwise 6 requires: 7 a. “Class B fire fighting foam” means foam designed to 8 extinguish flammable-liquid fires. 9 b. “Fire fighting personal protective equipment” means 10 any clothing designed, intended, or marketed to be worn by 11 fire fighting personnel in the performance of their duties, 12 designed with the intent for use in fire and rescue activities, 13 including jackets, pants, shoes, gloves, helmets, and 14 respiratory equipment. 15 c. “Food packaging” means a package, including a unit 16 package, intermediate package, and a shipping container, 17 or packaging component, including any interior or exterior 18 blocking, bracing, cushioning, weatherproofing, exterior 19 strapping, coatings, closures, inks, and labels, that is 20 intended for the marketing, protection, or handling of a 21 product intended for food contact or used to store food for 22 sale. 23 d. “Perfluoroalkyl substance” or “polyfluoroalkyl substance” 24 means a class of fluorinated organic chemicals containing at 25 least one fully fluorinated carbon atom. 26 2. Except as otherwise provided, a person shall not 27 knowingly manufacture, sell, offer for sale, distribute for 28 sale, or distribute for use in this state food packaging, 29 class B fire fighting foam, or fire fighting personal 30 protective equipment to which a perfluoroalkyl substance or a 31 polyfluoroalkyl substance has been intentionally added in any 32 amount. 33 3. Subsection 2 does not apply to new food packaging, class 34 B fire fighting foam, or fire fighting personal protective 35 -2- LSB 1320YH (5) 88 js/tm 2/ 5

H.F. 775 equipment that is sold, offered for sale, or distributed for 1 promotional purposes in the state by a retailer or wholesaler 2 on or after January 1, 2020, that was imported into the 3 state or otherwise purchased or acquired by the retailer or 4 wholesaler for sale or distribution in the state prior to 5 January 1, 2020. 6 Sec. 3. NEW SECTION . 455F.14 Class B fire fighting foam —— 7 prohibition —— exceptions. 8 1. For purposes of this section, unless the context 9 otherwise requires: 10 a. “Class B fire fighting foam” means the same as defined 11 in section 455F.13. 12 b. “Local government” means a county, city, township, fire 13 district, or other special purpose district that provides fire 14 fighting services. 15 c. “Perfluoroalkyl substance” or “polyfluoroalkyl substance” 16 means the same as defined in section 455F.13. 17 d. “Terminal” means a fuel storage and distribution facility 18 that has been assigned a terminal control number by the federal 19 internal revenue service. 20 2. Beginning January 1, 2020, a person, local government, 21 or state agency shall not discharge or otherwise use for 22 training purposes a class B fire fighting foam that contains a 23 perfluoroalkyl substance or a polyfluoroalkyl substance that 24 was intentionally added. 25 3. Subsection 2 does not apply to the use, manufacture, 26 sale, or distribution of a class B fire fighting foam that 27 includes a perfluoroalkyl substance or a polyfluoroalkyl 28 substance that was intentionally added when the inclusion of 29 the perfluoroalkyl substance or a polyfluoroalkyl substance 30 is required by federal law. If an applicable federal law 31 allows the use of an alternative fire fighting agent that does 32 not contain a perfluoroalkyl substance or a polyfluoroalkyl 33 substance, the department of public health may adopt rules 34 that restrict the use, manufacture, sale, and distribution of 35 -3- LSB 1320YH (5) 88 js/tm 3/ 5

H.F. 775 class B fire fighting foam for uses that are addressed by the 1 applicable federal law. 2 4. Subsection 2 does not apply to the use, manufacture, 3 sale, or distribution of a class B fire fighting foam that 4 includes a perfluoroalkyl substance or a polyfluoroalkyl 5 substance that was intentionally added when the class B fire 6 fighting foam is used by a person operating a terminal. 7 Sec. 4. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES 8 ALTERNATIVES STUDY. The department of public health shall 9 conduct a one-year study of alternatives to perfluoroalkyl 10 and polyfluoroalkyl substances in food packaging. The 11 department shall assess the prevalence of perfluoroalkyl and 12 polyfluoroalkyl substances in food packaging and determine 13 the risks posed to consumers in the state. The department 14 shall identify safe alternative food packaging materials. 15 The department shall submit a report to the general assembly 16 detailing its findings and recommendations by December 31, 17 2020. 18 Sec. 5. EFFECTIVE DATE. The following take effect January 19 1, 2020: 20 The sections of this Act enacting sections 455F.12, 455F.13, 21 and 455F.14. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to certain consumer products that contain 26 certain chemicals. 27 The bill prohibits the sale of upholstered furniture that 28 contains flame-retardant chemicals or chemical compounds in the 29 state of Iowa. The bill makes exceptions for used upholstered 30 furniture, certain upholstered furniture purchased for public 31 use in public facilities, and new upholstered furniture that 32 is otherwise subject to the prohibition but was imported into 33 the state or otherwise purchased or acquired by a retailer 34 or wholesaler for sale or distribution in the state prior to 35 -4- LSB 1320YH (5) 88 js/tm 4/ 5

H.F. 775 January 1, 2020. 1 The bill prohibits the sale of food packaging, class B fire 2 fighting foam, and fire fighting personal protective equipment 3 that contains perfluoroalkyl or polyfluoroalkyl substances 4 in the state of Iowa. The bill makes an exception for new 5 food packaging, class B fire fighting foam, and fire fighting 6 personal protective equipment that is otherwise subject to 7 the prohibition but was imported into the state or otherwise 8 purchased or acquired by a retailer or wholesaler for sale or 9 distribution in the state prior to January 1, 2020. 10 The bill also prohibits a person, local government, 11 or state agency from discharging or otherwise using for 12 training purposes a class B fire fighting foam that contains 13 a perfluoroalkyl or polyfluoroalkyl substance that was 14 intentionally added, with certain exceptions. 15 The bill requires the department of public health to 16 conduct a one-year study investigating perfluoroalkyl and 17 polyfluoroalkyl substances in food packaging and finding safe 18 alternative food packaging materials. The department shall 19 submit a report of its findings and recommendations to the 20 general assembly by December 31, 2020. 21 A violation of the provisions in the bill is a simple 22 misdemeanor. The bill, except for the section requiring the 23 department of public health to conduct a study, takes effect 24 January 1, 2020. 25 A simple misdemeanor is punishable by confinement for no 26 more than 30 days or a fine of at least $65 but not more than 27 $625 or by both. 28 -5- LSB 1320YH (5) 88 js/tm 5/ 5