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House File 62 - IntroducedA Bill ForAn Act 1prohibiting the use, manufacture, distribution, and
2sale of consumer products containing certain chemicals,
3making penalties applicable, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455F.12 Upholstered furniture —
2flame retardant chemicals.
31. As used in this section, unless the context otherwise
4requires:
5a. “Flame-retardant chemical” means a chemical or chemical
6compound for which a functional use is to resist or inhibit
7the spread of fire. “Flame-retardant chemical” includes
8halogenated, phosphorus-based, nitrogen-based, and nanoscale
9flame retardants and any chemical or chemical compound for
10which “flame retardant” appears on the substance safety data
11sheet required under 29 C.F.R. §1910.1200(g).
12b. “Upholstered furniture” means residential furniture
13intended for indoor use in a home or dwelling unit and
14consisting in whole or in part of resilient cushioning
15materials enclosed within a covering that consists of fabric or
16related materials.
172. Except as otherwise provided, a person shall not sell
18or offer to sell or distribute for promotional purposes
19upholstered furniture containing in its fabric or other
20covering or in its cushioning materials more than one-tenth
21of one percent of a flame-retardant chemical or more
22than one-tenth of one percent of a mixture that includes
23flame-retardant chemicals.
243. Subsection 2 does not apply to the following upholstered
25furniture products containing flame-retardant chemicals:
26a. Used upholstered furniture.
27b. Upholstered furniture purchased for public use in public
28facilities, including schools, jails, and hospitals, that meets
29generally accepted flammability standards for seating furniture
30used in public occupancies.
31c. New upholstered furniture otherwise subject to
32subsection 2 that is sold, offered for sale, or distributed for
33promotional purposes in the state by a retailer or wholesaler
34on or after January 1, 2024, and that was imported into the
35state or otherwise purchased or acquired by the retailer or
-1-1wholesaler for sale or distribution in the state prior to
2January 1, 2024.
3 Sec. 2. NEW SECTION. 455F.13 Food packaging — fire
4fighting foam — fire fighting personal protective equipment —
5perfluoroalkyl or polyfluoroalkyl substances.
61. As used in this section, unless the context otherwise
7requires:
8a. “Class B fire fighting foam” means foam designed to
9extinguish flammable-liquid fires.
10b. “Fire fighting personal protective equipment” means
11any clothing designed, intended, or marketed to be worn by
12fire fighting personnel in the performance of their duties
13during fire and rescue activities, including but not limited
14to jackets, pants, shoes, gloves, helmets, and respiratory
15equipment.
16c. “Food packaging” means a package, including a unit
17package, intermediate package, or shipping container, or
18a packaging component, including any interior or exterior
19blocking, bracing, cushioning, weatherproofing, exterior
20strapping, coating, closure, ink, or label, that is intended
21for the marketing, protection, or handling of a product
22intended for food contact or used to store food for sale.
23d. “Perfluoroalkyl substance” or “polyfluoroalkyl substance”
24means a class of fluorinated organic chemicals containing at
25least one fully fluorinated carbon atom.
262. Except as otherwise provided, a person shall not
27knowingly manufacture, sell, offer for sale, distribute for
28sale, or distribute for use in this state food packaging,
29class B fire fighting foam, or fire fighting personal
30protective equipment to which a perfluoroalkyl substance or
31polyfluoroalkyl substance has been intentionally added in any
32amount.
333. Subsection 2 does not apply to new food packaging, class
34B fire fighting foam, or fire fighting personal protective
35equipment that is sold, offered for sale, or distributed for
-2-1promotional purposes in the state by a retailer or wholesaler
2on or after January 1, 2024, that was imported into the
3state or otherwise purchased or acquired by the retailer or
4wholesaler for sale or distribution in the state prior to
5January 1, 2024.
6 Sec. 3. NEW SECTION. 455F.14 Class B fire fighting foam —
7prohibition — exceptions.
81. For purposes of this section, unless the context
9otherwise requires:
10a. “Class B fire fighting foam” means the same as defined
11in section 455F.13.
12b. “Local government” means a county, city, township, fire
13district, or other special purpose district that provides fire
14fighting services.
15c. “Perfluoroalkyl substance” or “polyfluoroalkyl substance”
16means the same as defined in section 455F.13.
17d. “Terminal” means a fuel storage and distribution facility
18that has been assigned a terminal control number by the federal
19internal revenue service.
202. Except as otherwise provided, a person, local
21government, or state agency shall not discharge or otherwise
22use for training purposes a class B fire fighting foam that
23contains a perfluoroalkyl substance or polyfluoroalkyl
24substance that was intentionally added.
253. Subsection 2 does not apply to the use, manufacture,
26sale, or distribution of a class B fire fighting foam that
27includes a perfluoroalkyl substance or polyfluoroalkyl
28substance that was intentionally added when the inclusion of
29the perfluoroalkyl substance or polyfluoroalkyl substance
30is required by federal law. If an applicable federal law
31allows the use of an alternative fire fighting agent that does
32not contain a perfluoroalkyl substance or polyfluoroalkyl
33substance, the department of health and human services may
34adopt rules that restrict the use, manufacture, sale, and
35distribution of class B fire fighting foam for uses that are
-3-1addressed by the applicable federal law.
24. Subsection 2 does not apply to the use, manufacture,
3sale, or distribution of a class B fire fighting foam that
4includes a perfluoroalkyl substance or polyfluoroalkyl
5substance that was intentionally added when the class B fire
6fighting foam is used by a person operating a terminal.
7 Sec. 4. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
8ALTERNATIVES STUDY. The department of health and human
9services shall conduct a one-year study of alternatives
10to perfluoroalkyl and polyfluoroalkyl substances in food
11packaging. The department shall assess the prevalence of
12perfluoroalkyl and polyfluoroalkyl substances in food packaging
13and determine the risks posed to consumers in the state. The
14department shall identify safe alternative food packaging
15materials. The department shall submit a report to the general
16assembly detailing its findings and recommendations by December
1731, 2024.
18 Sec. 5. EFFECTIVE DATE. The following take effect January
191, 2024:
20The sections of this Act enacting sections 455F.12, 455F.13,
21and 455F.14.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to certain consumer products that contain
26certain chemicals.
27The bill prohibits the sale of upholstered furniture that
28contains flame-retardant chemicals or chemical compounds. The
29bill makes exceptions for used upholstered furniture, certain
30upholstered furniture purchased for public use in public
31facilities, and new upholstered furniture that is otherwise
32subject to the prohibition but was imported into the state or
33otherwise purchased or acquired by a retailer or wholesaler for
34sale or distribution in the state prior to January 1, 2024.
35The bill prohibits the sale of food packaging, class B fire
-4-1fighting foam, and fire fighting personal protective equipment
2that contains a perfluoroalkyl or polyfluoroalkyl substance
3that was intentionally added. The bill makes an exception
4for new food packaging, class B fire fighting foam, and fire
5fighting personal protective equipment that is otherwise
6subject to the prohibition but was imported into the state or
7otherwise purchased or acquired by a retailer or wholesaler for
8sale or distribution in the state prior to January 1, 2024.
9The bill also prohibits a person, local government,
10or state agency from discharging or otherwise using for
11training purposes a class B fire fighting foam that contains
12a perfluoroalkyl or polyfluoroalkyl substance that was
13intentionally added, with certain exceptions.
14A violation of the provisions in the bill regulating
15products is a simple misdemeanor. A simple misdemeanor is
16punishable by confinement for no more than 30 days or a fine
17of at least $105 but not more than $855 or by both. These
18provisions take effect January 1, 2024.
19The bill requires the department of health and human
20services to conduct a one-year study investigating
21perfluoroalkyl and polyfluoroalkyl substances in food packaging
22and finding safe alternative food packaging materials.
23The department shall submit a report of its findings and
24recommendations to the general assembly by December 31, 2024.
-5-js/ns
2sale of consumer products containing certain chemicals,
3making penalties applicable, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455F.12 Upholstered furniture —
2flame retardant chemicals.
31. As used in this section, unless the context otherwise
4requires:
5a. “Flame-retardant chemical” means a chemical or chemical
6compound for which a functional use is to resist or inhibit
7the spread of fire. “Flame-retardant chemical” includes
8halogenated, phosphorus-based, nitrogen-based, and nanoscale
9flame retardants and any chemical or chemical compound for
10which “flame retardant” appears on the substance safety data
11sheet required under 29 C.F.R. §1910.1200(g).
12b. “Upholstered furniture” means residential furniture
13intended for indoor use in a home or dwelling unit and
14consisting in whole or in part of resilient cushioning
15materials enclosed within a covering that consists of fabric or
16related materials.
172. Except as otherwise provided, a person shall not sell
18or offer to sell or distribute for promotional purposes
19upholstered furniture containing in its fabric or other
20covering or in its cushioning materials more than one-tenth
21of one percent of a flame-retardant chemical or more
22than one-tenth of one percent of a mixture that includes
23flame-retardant chemicals.
243. Subsection 2 does not apply to the following upholstered
25furniture products containing flame-retardant chemicals:
26a. Used upholstered furniture.
27b. Upholstered furniture purchased for public use in public
28facilities, including schools, jails, and hospitals, that meets
29generally accepted flammability standards for seating furniture
30used in public occupancies.
31c. New upholstered furniture otherwise subject to
32subsection 2 that is sold, offered for sale, or distributed for
33promotional purposes in the state by a retailer or wholesaler
34on or after January 1, 2024, and that was imported into the
35state or otherwise purchased or acquired by the retailer or
-1-1wholesaler for sale or distribution in the state prior to
2January 1, 2024.
3 Sec. 2. NEW SECTION. 455F.13 Food packaging — fire
4fighting foam — fire fighting personal protective equipment —
5perfluoroalkyl or polyfluoroalkyl substances.
61. As used in this section, unless the context otherwise
7requires:
8a. “Class B fire fighting foam” means foam designed to
9extinguish flammable-liquid fires.
10b. “Fire fighting personal protective equipment” means
11any clothing designed, intended, or marketed to be worn by
12fire fighting personnel in the performance of their duties
13during fire and rescue activities, including but not limited
14to jackets, pants, shoes, gloves, helmets, and respiratory
15equipment.
16c. “Food packaging” means a package, including a unit
17package, intermediate package, or shipping container, or
18a packaging component, including any interior or exterior
19blocking, bracing, cushioning, weatherproofing, exterior
20strapping, coating, closure, ink, or label, that is intended
21for the marketing, protection, or handling of a product
22intended for food contact or used to store food for sale.
23d. “Perfluoroalkyl substance” or “polyfluoroalkyl substance”
24means a class of fluorinated organic chemicals containing at
25least one fully fluorinated carbon atom.
262. Except as otherwise provided, a person shall not
27knowingly manufacture, sell, offer for sale, distribute for
28sale, or distribute for use in this state food packaging,
29class B fire fighting foam, or fire fighting personal
30protective equipment to which a perfluoroalkyl substance or
31polyfluoroalkyl substance has been intentionally added in any
32amount.
333. Subsection 2 does not apply to new food packaging, class
34B fire fighting foam, or fire fighting personal protective
35equipment that is sold, offered for sale, or distributed for
-2-1promotional purposes in the state by a retailer or wholesaler
2on or after January 1, 2024, that was imported into the
3state or otherwise purchased or acquired by the retailer or
4wholesaler for sale or distribution in the state prior to
5January 1, 2024.
6 Sec. 3. NEW SECTION. 455F.14 Class B fire fighting foam —
7prohibition — exceptions.
81. For purposes of this section, unless the context
9otherwise requires:
10a. “Class B fire fighting foam” means the same as defined
11in section 455F.13.
12b. “Local government” means a county, city, township, fire
13district, or other special purpose district that provides fire
14fighting services.
15c. “Perfluoroalkyl substance” or “polyfluoroalkyl substance”
16means the same as defined in section 455F.13.
17d. “Terminal” means a fuel storage and distribution facility
18that has been assigned a terminal control number by the federal
19internal revenue service.
202. Except as otherwise provided, a person, local
21government, or state agency shall not discharge or otherwise
22use for training purposes a class B fire fighting foam that
23contains a perfluoroalkyl substance or polyfluoroalkyl
24substance that was intentionally added.
253. Subsection 2 does not apply to the use, manufacture,
26sale, or distribution of a class B fire fighting foam that
27includes a perfluoroalkyl substance or polyfluoroalkyl
28substance that was intentionally added when the inclusion of
29the perfluoroalkyl substance or polyfluoroalkyl substance
30is required by federal law. If an applicable federal law
31allows the use of an alternative fire fighting agent that does
32not contain a perfluoroalkyl substance or polyfluoroalkyl
33substance, the department of health and human services may
34adopt rules that restrict the use, manufacture, sale, and
35distribution of class B fire fighting foam for uses that are
-3-1addressed by the applicable federal law.
24. Subsection 2 does not apply to the use, manufacture,
3sale, or distribution of a class B fire fighting foam that
4includes a perfluoroalkyl substance or polyfluoroalkyl
5substance that was intentionally added when the class B fire
6fighting foam is used by a person operating a terminal.
7 Sec. 4. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
8ALTERNATIVES STUDY. The department of health and human
9services shall conduct a one-year study of alternatives
10to perfluoroalkyl and polyfluoroalkyl substances in food
11packaging. The department shall assess the prevalence of
12perfluoroalkyl and polyfluoroalkyl substances in food packaging
13and determine the risks posed to consumers in the state. The
14department shall identify safe alternative food packaging
15materials. The department shall submit a report to the general
16assembly detailing its findings and recommendations by December
1731, 2024.
18 Sec. 5. EFFECTIVE DATE. The following take effect January
191, 2024:
20The sections of this Act enacting sections 455F.12, 455F.13,
21and 455F.14.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to certain consumer products that contain
26certain chemicals.
27The bill prohibits the sale of upholstered furniture that
28contains flame-retardant chemicals or chemical compounds. The
29bill makes exceptions for used upholstered furniture, certain
30upholstered furniture purchased for public use in public
31facilities, and new upholstered furniture that is otherwise
32subject to the prohibition but was imported into the state or
33otherwise purchased or acquired by a retailer or wholesaler for
34sale or distribution in the state prior to January 1, 2024.
35The bill prohibits the sale of food packaging, class B fire
-4-1fighting foam, and fire fighting personal protective equipment
2that contains a perfluoroalkyl or polyfluoroalkyl substance
3that was intentionally added. The bill makes an exception
4for new food packaging, class B fire fighting foam, and fire
5fighting personal protective equipment that is otherwise
6subject to the prohibition but was imported into the state or
7otherwise purchased or acquired by a retailer or wholesaler for
8sale or distribution in the state prior to January 1, 2024.
9The bill also prohibits a person, local government,
10or state agency from discharging or otherwise using for
11training purposes a class B fire fighting foam that contains
12a perfluoroalkyl or polyfluoroalkyl substance that was
13intentionally added, with certain exceptions.
14A violation of the provisions in the bill regulating
15products is a simple misdemeanor. A simple misdemeanor is
16punishable by confinement for no more than 30 days or a fine
17of at least $105 but not more than $855 or by both. These
18provisions take effect January 1, 2024.
19The bill requires the department of health and human
20services to conduct a one-year study investigating
21perfluoroalkyl and polyfluoroalkyl substances in food packaging
22and finding safe alternative food packaging materials.
23The department shall submit a report of its findings and
24recommendations to the general assembly by December 31, 2024.
-5-js/ns