Delaware General Assembly

House Health & Human Development 4/9/26

Committee Hearing takes place within twelve legislative days.

4/9/26

Burns

Reps. Carson, Lambert, Morris, D. Short
Sen. Brown

Reps. Cooke, K. Johnson, Morrison, Osienski
Sen. Hansen, Huxtable, Pettyjohn, Pinkney, Walsh, Wilson

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT.

This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for an establishment engaged in the distribution of crude petroleum and petroleum products, provided that the establishment applies to DNREC for an exemption. The exemption may not exceed 1 year and the establishment must report on progress being made to transition to firefighting foam that does not contain PFAS. If an exempt establishment uses foam containing PFAS chemicals, they must notify DNREC within 5 business days. Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers for firefighting foam containing intentionally added PFAS chemicals. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology. A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 civil penalty for a second, or subsequent offense. Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence.

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