§ 37-0121. Prohibition against the use of perfluoroalkyl and
polyfluoroalkyl substances in apparel and outdoor apparel for severe wet
conditions.

1. After January first, two thousand twenty-five, no person shall sell
or offer for sale in this state any new, not previously used, apparel
containing perfluoroalkyl and polyfluoroalkyl substances as
intentionally added chemicals.

2. In addition to the provisions of subdivision one of this section,
one year after the department's adoption of the regulations required by
this subdivision, but no later than January first, two thousand
twenty-seven, no person shall sell or offer for sale in this state any
new, not previously used, apparel containing perfluoroalkyl and
polyfluoroalkyl substances at or above a level that the department shall
establish in regulation.

3. On or after January first, two thousand twenty-eight, no person
shall sell or offer for sale in this state any new, not previously used,
outdoor apparel for severe wet conditions containing perfluoroalkyl and
polyfluoroalkyl substances: (a) at or above a level that the department
shall establish in regulation, or (b) as intentionally added chemicals.

4. For the purposes of this section, the following terms shall have
the following meanings:

(a) "Intentionally added chemical" means a chemical in a product that
serves an intended function or technical effect in the product or
product component, including the PFAS within intentionally added
chemicals and PFAS that are intentional breakdown products of an added
chemical that also have a functional or technical effect in the product
or product component.

(b) "Apparel" means clothing items intended for regular wear or formal
occasions including, but not limited to, undergarments, shirts, pants,
skirts, dresses, overalls, bodysuits, vests, dancewear, suits, saris,
scarves, tops, leggings, leisurewear, formal wear, outdoor apparel,
onesies, bibs, and diapers. "Apparel" shall not include:

(i) professional uniforms that are worn to protect the wearer from
health or environmental hazards, including personal protective
equipment; or

(ii) outdoor apparel for severe wet conditions.

(c) "Outdoor apparel" means clothing items intended primarily for
outdoor activities, including but not limited to, hiking, camping,
skiing, climbing, bicycling, and fishing.

(d) "Outdoor apparel for severe wet conditions" means outdoor apparel
that are extreme and extended use products designed for outdoor sports
experts for applications that provide protection against extended
exposure to extreme rain conditions or against extended immersion in
water or wet conditions, such as from snow, in order to protect the
health and safety of the user and that are not marketed for general
consumer use.

(e) "Manufacturer" means a person, firm, association, partnership, or
corporation:

(i) that produces or whose brand name is affixed to apparel or outdoor
apparel for severe wet conditions; or

(ii) in the case of apparel or outdoor apparel for severe wet
conditions that was imported into the United States, "manufacturer"
means the importer or first domestic distributor of the apparel or
outdoor apparel for severe wet conditions if no person who is a
manufacturer within the meaning of subparagraph (i) of this paragraph
has a presence in the United States.

5. No person that sells or offers for sale any apparel or outdoor
apparel for severe wet conditions shall be held in violation of this
section if they can show that they relied in good faith on the written
assurance of the manufacturer that such apparel or outdoor apparel for
severe wet conditions meets the requirements of this section. Such
written assurance shall take the form of a certificate of compliance
stating that such apparel or outdoor apparel for severe wet conditions
is in compliance with the requirements of this section. The certificate
of compliance shall be signed by an authorized official of the
manufacturer.

6. In addition to any other applicable penalties, it shall be a
violation of this section to provide a certificate of compliance as
contemplated by subdivision five of this section when the applicable
apparel or outdoor apparel for severe wet conditions does not satisfy
the limitations on the presence of perfluoroalkyl and polyfluoroalkyl
substances set forth in subdivisions one, two and three of this section.