H.F. 2063 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, 2023, and that was imported into the 34 state or otherwise purchased or acquired by the retailer or 35 -1- LSB 5657YH (2) 89 js/ns 1/ 5

H.F. 2063 wholesaler for sale or distribution in the state prior to 1 January 1, 2023. 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 during fire and rescue activities, including but not limited 13 to jackets, pants, shoes, gloves, helmets, and respiratory 14 equipment. 15 c. “Food packaging” means a package, including a unit 16 package, intermediate package, or shipping container, or 17 a packaging component, including any interior or exterior 18 blocking, bracing, cushioning, weatherproofing, exterior 19 strapping, coating, closure, ink, or label, that is intended 20 for the marketing, protection, or handling of a product 21 intended for food contact or used to store food for sale. 22 d. “Perfluoroalkyl substance” or “polyfluoroalkyl substance” 23 means a class of fluorinated organic chemicals containing at 24 least one fully fluorinated carbon atom. 25 2. Except as otherwise provided, a person shall not 26 knowingly manufacture, sell, offer for sale, distribute for 27 sale, or distribute for use in this state food packaging, 28 class B fire fighting foam, or fire fighting personal 29 protective equipment to which a perfluoroalkyl substance or 30 polyfluoroalkyl substance has been intentionally added in any 31 amount. 32 3. Subsection 2 does not apply to new food packaging, class 33 B fire fighting foam, or fire fighting personal protective 34 equipment that is sold, offered for sale, or distributed for 35 -2- LSB 5657YH (2) 89 js/ns 2/ 5

H.F. 2063 promotional purposes in the state by a retailer or wholesaler 1 on or after January 1, 2023, that was imported into the 2 state or otherwise purchased or acquired by the retailer or 3 wholesaler for sale or distribution in the state prior to 4 January 1, 2023. 5 Sec. 3. NEW SECTION . 455F.14 Class B fire fighting foam —— 6 prohibition —— exceptions. 7 1. For purposes of this section, unless the context 8 otherwise requires: 9 a. “Class B fire fighting foam” means the same as defined 10 in section 455F.13. 11 b. “Local government” means a county, city, township, fire 12 district, or other special purpose district that provides fire 13 fighting services. 14 c. “Perfluoroalkyl substance” or “polyfluoroalkyl substance” 15 means the same as defined in section 455F.13. 16 d. “Terminal” means a fuel storage and distribution facility 17 that has been assigned a terminal control number by the federal 18 internal revenue service. 19 2. Except as otherwise provided, a person, local 20 government, or state agency shall not discharge or otherwise 21 use for training purposes a class B fire fighting foam that 22 contains a perfluoroalkyl substance or polyfluoroalkyl 23 substance that was intentionally added. 24 3. Subsection 2 does not apply to the use, manufacture, 25 sale, or distribution of a class B fire fighting foam that 26 includes a perfluoroalkyl substance or polyfluoroalkyl 27 substance that was intentionally added when the inclusion of 28 the perfluoroalkyl substance or polyfluoroalkyl substance 29 is required by federal law. If an applicable federal law 30 allows the use of an alternative fire fighting agent that does 31 not contain a perfluoroalkyl substance or polyfluoroalkyl 32 substance, the department of public health may adopt rules 33 that restrict the use, manufacture, sale, and distribution of 34 class B fire fighting foam for uses that are addressed by the 35 -3- LSB 5657YH (2) 89 js/ns 3/ 5

H.F. 2063 applicable federal law. 1 4. Subsection 2 does not apply to the use, manufacture, 2 sale, or distribution of a class B fire fighting foam that 3 includes a perfluoroalkyl substance or polyfluoroalkyl 4 substance that was intentionally added when the class B fire 5 fighting foam is used by a person operating a terminal. 6 Sec. 4. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES 7 ALTERNATIVES STUDY. The department of public health shall 8 conduct a one-year study of alternatives to perfluoroalkyl 9 and polyfluoroalkyl substances in food packaging. The 10 department shall assess the prevalence of perfluoroalkyl and 11 polyfluoroalkyl substances in food packaging and determine 12 the risks posed to consumers in the state. The department 13 shall identify safe alternative food packaging materials. 14 The department shall submit a report to the general assembly 15 detailing its findings and recommendations by December 31, 16 2023. 17 Sec. 5. EFFECTIVE DATE. The following take effect January 18 1, 2023: 19 The sections of this Act enacting sections 455F.12, 455F.13, 20 and 455F.14. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to certain consumer products that contain 25 certain chemicals. 26 The bill prohibits the sale of upholstered furniture that 27 contains flame-retardant chemicals or chemical compounds. The 28 bill makes exceptions for used upholstered furniture, certain 29 upholstered furniture purchased for public use in public 30 facilities, and new upholstered furniture that is otherwise 31 subject to the prohibition but was imported into the state or 32 otherwise purchased or acquired by a retailer or wholesaler for 33 sale or distribution in the state prior to January 1, 2023. 34 The bill prohibits the sale of food packaging, class B fire 35 -4- LSB 5657YH (2) 89 js/ns 4/ 5

H.F. 2063 fighting foam, and fire fighting personal protective equipment 1 that contains a perfluoroalkyl or polyfluoroalkyl substance 2 that was intentionally added. The bill makes an exception 3 for new food packaging, class B fire fighting foam, and fire 4 fighting personal protective equipment that is otherwise 5 subject to the prohibition but was imported into the state or 6 otherwise purchased or acquired by a retailer or wholesaler for 7 sale or distribution in the state prior to January 1, 2023. 8 The bill also prohibits a person, local government, 9 or state agency from discharging or otherwise using for 10 training purposes a class B fire fighting foam that contains 11 a perfluoroalkyl or polyfluoroalkyl substance that was 12 intentionally added, with certain exceptions. 13 A violation of the provisions in the bill regulating 14 products is a simple misdemeanor. A simple misdemeanor is 15 punishable by confinement for no more than 30 days or a fine 16 of at least $105 but not more than $855 or by both. These 17 provisions take effect January 1, 2023. 18 The bill requires the department of public health to 19 conduct a one-year study investigating perfluoroalkyl and 20 polyfluoroalkyl substances in food packaging and finding safe 21 alternative food packaging materials. The department shall 22 submit a report of its findings and recommendations to the 23 general assembly by December 31, 2023. 24 -5- LSB 5657YH (2) 89 js/ns 5/ 5