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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2516 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
| | 415 ILCS 170/5 | | 415 ILCS 170/45 new | |
| Amends the PFAS Reduction Act. Provides that, beginning January 1, 2026, a person may not sell, offer for sale, or distribute for sale in this State the following products if the product contains intentionally added PFAS: (1) cookware, (2) cosmetics, (3) dental floss, (4) juvenile products, (5) menstrual products, (6) intimate apparel, or (7) food packaging or food contact products. Defines terms. | |
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The PFAS Reduction Act is amended by changing |
| 5 | | Section 5 and by adding Section 45 as follows:
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| 6 | | (415 ILCS 170/5) |
| 7 | | Sec. 5. Definitions. In this Act: |
| 8 | | "Agency" means the Illinois Environmental Protection |
| 9 | | Agency. |
| 10 | | "Class B firefighting foam" means foam designed to |
| 11 | | extinguish flammable liquid fires or prevent the ignition of |
| 12 | | flammable liquids. |
| 13 | | "Cookware" means durable houseware items used to prepare, |
| 14 | | dispense, or store food, foodstuffs, or beverages. "Cookware" |
| 15 | | includes, but is not limited to, pots, pan, skillets, grills, |
| 16 | | baking sheets, baking molds, trays, bowls, and cooking |
| 17 | | utensils. |
| 18 | | "Cosmetics" means articles: |
| 19 | | (1) intended to be rubbed, poured, sprinkled, or |
| 20 | | sprayed on, introduced into, or otherwise applied to the |
| 21 | | human body or any part of the human body for the purpose of |
| 22 | | cleansing, beautifying, promoting attractiveness, or |
| 23 | | altering the appearance; or |
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| 1 | | (2) intended for use as a component of any article |
| 2 | | under paragraph (1). |
| 3 | | "Cosmetics" includes soap and any other article under |
| 4 | | paragraphs (1) or (2) of this definition. |
| 5 | | "Dental Floss" means a cord or cords of thin filaments |
| 6 | | used in interdental cleaning to remove debris and dental |
| 7 | | plaque from between teeth. |
| 8 | | "Fire department" means the duly authorized fire |
| 9 | | protection organization of a unit of local government, a |
| 10 | | Regional Fire Protection Agency, a fire protection district, |
| 11 | | or a volunteer fire department. |
| 12 | | "Food packaging" or "food contact product" means a |
| 13 | | container applied to or providing a means to market, protect, |
| 14 | | handle, deliver, serve, contain, or store a food or beverage. |
| 15 | | "Food packaging" or "food contact product" includes: |
| 16 | | (1) a unit package, an intermediate package, and a |
| 17 | | shipping container; |
| 18 | | (2) unsealed receptacles, such as carrying cases, |
| 19 | | crates, cups, plates, bowls, pails, rigid foil and other |
| 20 | | trays, wrappers and wrapping films, bags, and tubs; and |
| 21 | | (3) an individually assembled part of a food package, |
| 22 | | such as any interior or exterior blocking, bracing, |
| 23 | | cushioning, weatherproofing, exterior strapping, |
| 24 | | coatings, closures, inks, and labels. |
| 25 | | "Intentionally added PFAS" means PFAS deliberately added |
| 26 | | during, or reasonably anticipated to be present in, the |
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| 1 | | manufacture of a product or its final packaging. |
| 2 | | "Intimate apparel" means garments intended to be worn |
| 3 | | under clothes usually with direct contact with skin. "Intimate |
| 4 | | apparel" includes, but is not limited to, bras, briefs, |
| 5 | | shapewear, sleepwear, thermals, loungewear, socks, and |
| 6 | | stockings. |
| 7 | | "Juvenile product" means a product designed or marketed |
| 8 | | for use by infants and children under 12 years of age. |
| 9 | | "Juvenile product" includes, but is not limited to, a baby or |
| 10 | | toddler foam pillow, bassinet, bedside sleeper, booster seat, |
| 11 | | changing pad, child restraint system for use in a motor |
| 12 | | vehicle and aircraft, co-sleeper, crib mattress, highchair, |
| 13 | | highchair pad, infant bouncer, infant carrier, infant seat, |
| 14 | | infant sleep positioner, infant swing, infant travel bed, |
| 15 | | infant walker, nap cot, nursing pad, nursing pillow, play mat, |
| 16 | | playpen, play yard, polyurethane foam mat, pad, or pillow, |
| 17 | | portable foam nap mat, portable infant sleeper, portable |
| 18 | | hook-on chair, soft-sided portable crib, stroller, and toddler |
| 19 | | mattress. "Juvenile product" does not include a children's |
| 20 | | electronic product, including a personal computer, audio and |
| 21 | | video equipment, calculator, wireless phone, game console, |
| 22 | | handheld device incorporating a video screen, or any |
| 23 | | associated peripheral, such as a mouse, keyboard, power supply |
| 24 | | unit, power cord, adult mattress, or an internal component of |
| 25 | | a product that would not come into direct contact with a |
| 26 | | child's skin or mouth during reasonably foreseeable use and |
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| 1 | | abuse of the product. |
| 2 | | "Local government" means a unit of local government or |
| 3 | | other special purpose district that provides firefighting |
| 4 | | services. |
| 5 | | "Manufacturer" means a person that manufactures Class B |
| 6 | | firefighting foam and any agents of that person, including an |
| 7 | | importer, distributor, authorized servicer, factory branch, or |
| 8 | | distributor branch. |
| 9 | | "Menstrual product" means a product used to collect |
| 10 | | menstruation and vaginal discharge, including, but not limited |
| 11 | | to, tampons, pads, sponges, menstruation underwear, disks, and |
| 12 | | menstrual cups, whether disposable or reusable. |
| 13 | | "Perfluoroalkyl substance or polyfluoroalkyl substance" or |
| 14 | | "PFAS" means a class of fluorinated organic chemicals |
| 15 | | containing at least one fully fluorinated carbon atom. |
| 16 | | "Person" means any individual, partnership, association, |
| 17 | | public or private corporation, limited liability company, or |
| 18 | | any other type of legal or commercial entity, including, but |
| 19 | | not limited to, members, managers, partners, directors, or |
| 20 | | officers. |
| 21 | | "Product" means an item manufactured, assembled, packaged, |
| 22 | | or otherwise prepared for sale to consumers, including, but |
| 23 | | not limited to, its product components, sold or distributed |
| 24 | | for personal, residential, commercial, or industrial use, |
| 25 | | including for use in making other products. |
| 26 | | "Testing" means calibration testing, conformance testing, |
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| 1 | | and fixed system testing. |
| 2 | | (Source: P.A. 102-290, eff. 8-6-21.)
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| 3 | | (415 ILCS 170/45 new) |
| 4 | | Sec. 45. Other banned products; other civil penalties; |
| 5 | | enforcement. |
| 6 | | (a) Beginning January 1, 2026, a person may not sell, |
| 7 | | offer for sale, or distribute for sale in this State the |
| 8 | | following products if the product contains intentionally added |
| 9 | | PFAS: |
| 10 | | (1) cookware; |
| 11 | | (2) cosmetics; |
| 12 | | (3) dental floss; |
| 13 | | (4) juvenile products; |
| 14 | | (5) menstrual products; |
| 15 | | (6) intimate apparel; or |
| 16 | | (7) food packaging or food contact products. |
| 17 | | (b) A person, other than a manufacturer subject to Section |
| 18 | | 35 of this Act, who knowingly violates this Section is subject |
| 19 | | to a civil penalty not to exceed $5,000 for the first violation |
| 20 | | and a civil penalty not to exceed $10,000 for each subsequent |
| 21 | | violation. Civil penalties collected under this Section must |
| 22 | | be deposited into the Environmental Protection Trust Fund to |
| 23 | | be used in accordance with the provisions of the Environmental |
| 24 | | Protection Trust Fund Act. |
| 25 | | (c) This Act and the civil penalties in this Act may be |
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| 1 | | enforced by the Attorney General or the State's Attorney of |
| 2 | | the county where the violation occurs by bringing an action in |
| 3 | | the name of the People of the State of Illinois in a court of |
| 4 | | competent jurisdiction alleging a violation of this Act. |
| 5 | | Nothing in this Act shall be construed to limit the Attorney |
| 6 | | General or the State's Attorney of the county where the |
| 7 | | violation occurs from seeking equitable remedies or other |
| 8 | | remedies in common law, in State or federal statute, or in |
| 9 | | State or federal rules or regulations to enforce or in |
| 10 | | connection with the enforcement of this Act, any part of this |
| 11 | | Act, or in remedying harm from any action or omission in |
| 12 | | violation of this Act or in violation of common law, State or |
| 13 | | federal statute, or State or federal rules or regulations. |