Rhode Island adds product exemption process to PFAS ban

Rhode Island has amended its law restricting intentionally added PFAS in certain products to allow regulators to exempt some goods from upcoming prohibitions.

The changes could be significant for manufacturers preparing for the forthcoming restrictions, as they create a potential pathway for products or product categories to remain on the market when PFAS-free substitutes are not feasible or available.

Signed into law by Governor Dan McKee (D) on 19 June, the bill (SB 2799/HB 7734) amends Rhode Island's Consumer PFAS Ban Act, which established phased-in prohibitions on intentionally added PFAS in certain product categories, beginning in 2027 (see box).

The amendments do not alter the statute's core PFAS prohibition schedule, but they do create a new product exemption process.

When signing the original legislation in June 2024, McKee said that while he supported efforts to restrict the presence of PFAS in certain goods, "many products impacted by this ban do not have an existing viable alternative that performs with similar functionality".

At the time, McKee urged legislators to further examine implementation challenges and "continue consideration of the unintended impacts" of the measure.

Other provisions in SB 2799 expand the underlying law's definition of regulated products, establish an interjurisdictional PFAS information-sharing mechanism, and make additional clarifications on implementation and enforcement.

Exemption process

Under the newly adopted changes, Rhode Island's Department of Environmental Management (DEM) may grant exemptions for products or categories of products if it determines that:

• their use is beneficial to the environment or protective of public health or safety; and/or
• no technically feasible PFAS alternative is available; and 
• no comparable non-PFAS-containing product is available at a reasonable cost.

Exemptions may be renewed more than once, with each renewal lasting up to five years.

Prior to granting an exemption, DEM must consult "neighbouring states and regional organisations to promote consistency", according to SB 2799. Rhode Island regulators must also avoid inconsistencies in the implementation of exemptions "to the extent feasible".

Another amendment authorises DEM to "participate in the establishment and implementation of a multijurisdictional clearinghouse" to facilitate information sharing between jurisdictions, including databases of PFAS-containing products and exemptions or waivers granted by other states.

The changes could prove particularly relevant in the Northeastern US, where nearby states including Connecticut, Maine, New Jersey and Vermont have already adopted restrictions on PFAS in certain products. Maine regulators are also making determinations regarding manufacturer requests for currently unavoidable use (CUU) exemptions from that state's PFAS law.

Other amendments

SB 2799 also amended several other areas of Rhode Island’s 2024 law.

One adjustment broadened the law's definition of a "product" to cover items sold or distributed for commercial or industrial use, in addition to existing products intended for personal and residential applications. Used products remain excluded from the law's prohibitions.

A second minor alteration clarified the definition of cookware by specifying that prohibitions are "not limited to" only PFAS-containing kitchen products enumerated in the 2024 law’s original text.

Finally, another amendment authorised the DEM and the state's attorney general to pursue enforcement actions in court while establishing procedures for notices of violation and compliance orders.