Perfluorinated and polyfluorinated alkyl compounds (PFAS), the so-called perpetuating chemicals, are increasingly becoming the focus of international legislation. Some members of this group of substances are already banned by the Stockholm Convention and other legal acts, while reporting obligations are in force for others. Further restrictions or bans are currently being considered for certain applications.
In many places, certain applications of PFAS are initially being discussed for a restriction or ban. Another approach is to obtain information on reporting obligations. Unfortunately, apart from the Stockholm Convention on PFAS, there is currently no standardized international strategy. Instead, national solo efforts are emerging.
In the context of PFAS, it should be emphasized that the definitions of the substance group differ. The European definition is not the same as the US or Australian definitions. For this reason, a declaration of "PFAS freedom" is questionable.
Globalnorm has summarized a non-exhaustive list of current and proposed PFAS regulations:
In force
United Nations
Stockholm Convention on Persistent Organic Pollutants (POPs)
Prohibited PFAS in Annex A:
- Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds
- Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds
Restricted PFAS in Annex B:
- Perfluorooctane sulfonic acid (PFOS) and its derivatives
Proposal for inclusion in Annex A:
- Long-chain perfluorocarboxylic acids (PFCAs), their salts and related compounds
Recognition of the Stockholm Convention:
- Signed by 152 nations
Europe
REACH Regulation (EC) No. 1907/2006
Candidate list (information obligation)
- Perfluorooctanoic acid (PFOA)
- Perfluorohexanesulfonic acid (PFHxS) and its salts
UK
The REACH etc. (Amendment) Regulations 2021
Candidate list (information obligation)
- Perfluorooctanoic acid (PFOA)
- Perfluorohexanesulfonic acid (PFHxS) and its salts
Annex 17 (Restrictions)
- Perfluorooctanoic acid (PFOA) and its salts
(3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl)silanetriol
All mono-, di- or tri-O-(alkyl)-derivatives (TDFAs)
Switzerland
Chemical Risk Reduction Ordinance
Based on EU POP and REACH Regulation
- PFOS, PFHxS, PFOA, C9-C14 PFCAs, TDFAs
Chemicals Ordinance
Annex 3 ChemO - List of substances of very high concern (candidate list = information obligation)
- PFHxS, PFOA
USA Federal
Toxic Substances Control Act (TSCA)
Reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) from November 2024 to May 2025 (or November 2025 for small businesses).
- Further information:Compliance News from September 25, 2023.
Significant New Use Rule (SNUR) for the 329 PFAS listed as "active" in the TSCA inventory.
- Further information:Compliance News from January 30, 2024.
Federal PFAS regulations
- Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Viginia, Washington, Wisconsin
- Minnesota and Maine currently have the strictest restrictions
Canada
Canadian Environmental Protection Act (CEPA)
Ban
- PFOS, PFOA, LC-PFCAs
Mexico
Import restrictions
- PFOS, PFOA and derivatives
Peru
Decree No. 018/2021/MINAM
Notification requirements
- PFOS, PFOS-F
PR China
MEE Announcement No. 32
"List of Strictly Restricted Toxic Chemicals in China" (2023)
- PFOS, PFOA
List of Key New Pollutants for Control (2023)
- PFOS, PFOA, PFHxS
Australia
Australian Industrial Chemicals Introduction Scheme -AICIS
Authorization for non-listed chemicals
Industrial Chemicals Environmental Management Standard (IChEMS)
Prohibition of use, import, export and manufacture
- PFOS, PFOA, PFHxS
New Zealand
Hazardous Substances and New Organisms Act No 30 of 1996
Prohibition
- Implementation Stockholm Convention
- Fire-fighting foams
Proposals
Europe
REACH Regulation (EC) No. 1907/2006
The European Chemicals Agency (ECHA) published the general restriction proposal on PFAS on February 07, 2023. The public consultation on the draft restriction proposal (Annex XV report) ended on September 25, 2023. Over 5,600 comments were received, an exceptionally high participation for an exceptionally broad restriction proposal. ECHA's committees evaluate the comments received on a sector-by-sector basis. An updated restriction proposal is not expected before the end of 2025.
France
Proposition de loi visant à protéger la population des risques liés aux substances per- et polyfluoroalkylées
On Februrary 20, 2024, the draft law to protect the public from the risks associated with per- and polyfluoroalkyl substances (PFAS) was published. The originally published version has already been revised and weakened. The first phase of the ban was initially due to take place as early as 2025 and included food contact materials, which are excluded from the current draft. The ban on all PFAS-containing products from 2027 has also been replaced by a restriction to all PFAS-containing textile products from 2030.
Gradual ban on PFAS:
- From January 01, 2026
Cosmetics, waxes, clothing (protective clothing excluded) - From January 01, 2030
All textile products containing PFAS
Denmark
PFAS handling plan
The PFAS action plan was presented on April 25, 2024. It provides for a ban on PFAS in clothing and footwear. The ban is expected to be published on July 01, 2025.
Gradual ban on PFAS to apply until the expected EU ban comes into force:
- From July 01, 2026
Clothing, footwear, waterproofing agents (professional protective clothing excluded)
USA Federal
H.R. 8074 (IH) - Forever Chemical Regulation and Accountability Act of 2024 (FCRAA)
On April 18, 2024, the new Forever Chemical Regulation and Accountability Act was introduced to the House of Representatives. This is a federal act that will apply to all states in the USA. The presentation to the House of Representatives is a first step in the creation of new legislation in the USA. Further committees and votes must be held before it can become a valid piece of legislation.
Gradual ban on non-essential uses of PFAS
- Ban after 1 year:
Carpets, textile treatments, food packaging, products for children, oil or gas products
- Ban after 2 years:
Cosmetic products, textile interiors, indoor upholstered furniture, accessories or handbags, indoor and outdoor clothing except as listed in (D).
- Ban after 4 years:
Textile outdoor furnishings, upholstered furniture for outdoor use
- Ban after 5 years:
Outdoor clothing for use in extremely wet conditions that intentionally contain PFAS
- Ban after 10 years:
All non-essential applications
Reporting requirements
- FCRAA Sec. 102: Annual monitoring and reporting requirements for manufacturers and users of PFAS (annually); from 3 years after entry into force
National Primary Drinking Water Regulation (NPDWR)
Ban/low limit value from 2029
- PFOA, PFOS, PFHxS, PFNA, HFPO-DA, preparations containing two or more PFHxS, PFNA, HFPO-DA, and PFBS
Federal PFAS regulations
- Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Viginia, Washington, West Virginia, Wisconsin
Canada
Canadian Environmental Protection Act (CEPA)
- Ban, restrictions and reporting requirements for other PFAS
Argentina
Draft law No. S-0187/2023
- Ban on PFAS in: Personal hygiene products, cosmetic products, household care products, food cooking products
Draft law No. S-0357/2023
- Ban on the marketing of: Food, beverages, personal care products and cosmetic products in packaging in the manufacture of which PFAS were used
Brazil
Draft law PL 2726/2023
- Control of PFAS
Author
Linda Kritzler (B. A.)
Material & Environmental Compliance Consultant
