February 29, 2024, Introduced by Senators BAYER, SHINK, WOJNO, POLEHANKI, GEISS, KLINEFELT, CHANG and IRWIN and referred to the Committee on Regulatory Affairs.

A bill to require notices and warnings if consumer products or packaging contains certain fluorinated organic chemicals; to authorize the promulgation of rules; to provide for the powers and duties of certain state or local governmental officers or entities; and to provide for civil sanctions and remedies.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Consumer product" or "product" means an article or component part thereof that is produced, distributed, or sold for the personal use, consumption, or enjoyment of a consumer, including, but not limited to, food and water.

(b) "Department" means the department of licensing and regulatory affairs.

(c) "Label" means a display of information that is printed on or affixed to a product or its packaging.

(d) "Labeling" means any communication that accompanies a product, such as a package insert.

(e) "Packaging" means the immediate container or wrapper of a consumer product.

(f) "PFAS" means any organic chemical containing at least 1 fully fluorinated carbon atom.

(g) "PFAS consumer product" means a consumer product that includes PFAS.

(h) "PFAS packaging" means packaging that includes PFAS.

(i) "Retail seller" means a person that sells or otherwise provides consumer products directly to consumers by any means, including the internet. Retail seller includes those functions of a business involved in the sale or other provision of consumer products directly to consumers, even if the business or facility is primarily devoted to nonretail activities.

(j) "Sign" means a physical presentation of written, printed, graphic, or electronically provided communication, including a shelf sign, but not including a label or labeling.

Sec. 3. (1) The manufacturer, producer, packager, importer, supplier, or distributor of a PFAS consumer product or PFAS packaging shall do 1 of the following if that person meets the requirement of subsection (2)(e)(ii):

(a) Beginning January 1, 2025, provide on the product label or labeling a warning that meets the requirements of section 5.

(b) By January 1, 2025, and annually thereafter, provide a written notice directly to the authorized agent for a retail seller that sells the product in this state and obtain written confirmation of receipt of the notice. The notice must meet all of the following requirements:

(i) State that the product or the product's packaging may result in exposure to PFAS, an organic chemical containing at least 1 fully fluorinated carbon atom.

(ii) Include the exact name or description of the product or specific identifying information for the product such as a universal product code.

(iii) Be accompanied by labels or labeling that meet the requirements of section 5 and, for a product to be sold by the retailer on the internet, warning language that meets the requirements of section 5.

(2) Beginning January 1, 2025, a retail seller of a PFAS consumer product or consumer product with PFAS packaging shall provide on the product label or labeling a warning that meets the requirements of section 5 if 1 or more of the following apply:

(a) The retail seller is selling the product under a brand or trademark that is owned or licensed by the retail seller or an affiliated entity.

(b) The retail seller has knowingly introduced PFAS into the product or packaging, or knowingly caused PFAS to be created in the product or packaging.

(c) The retail seller has removed, covered, obscured, or altered a warning provided under subsection (1)(a).

(d) The retail seller has received a notice under subsection (1)(b). If the notice includes a sign, the retail seller must conspicuously post and display the sign in association with the consumer product under conditions, including lighting conditions, that make it likely to be seen, read, and understood by an ordinary person.

(e) The retail seller has actual specific knowledge from a reliable source that the consumer product is a PFAS consumer product or has PFAS packaging and there is no manufacturer, producer, packager, importer, supplier, or distributor of the product that meets both of the following requirements:

(i) Has designated an agent for service of process in this state or has a place of business in this state.

(ii) Is not any of the following:

(A) A person employing fewer than 10 employees.

(B) A local unit of government, this state, the federal government, or a department, agency, board, commission, or authority of any of these.

(C) The owner or operator of a public water supply, as defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325.1002.

Sec. 5. A warning required under section 3 must do both of the following:

(a) State that the product or packaging, as applicable, includes PFAS and that exposure to PFAS may have adverse health effects.

(b) Meet any other relevant requirements imposed by the department.

Sec. 7. The department may promulgate rules to implement this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Sec. 9. (1) A person that violates this act may be ordered to pay a civil fine of not more than the following for each day of violation:

(a) For a violation committed in 2025, $1,000.00.

(b) For a violation committed in 2026, $5,000.00.

(c) For a violation committed after 2026, $10,000.00.

(2) A violation of this act may be prosecuted by the prosecutor of the county in which the violation occurred or by the attorney general. A fine collected under this section by the attorney general must be deposited in the state general fund.

(3) The attorney general or the prosecutor of the county in which a violation occurs may bring an action for injunctive relief for a violation of this act.