Delaware PFAS Laws

Delaware's first PFAS-specific product law, signed September 30, 2026, bars manufacturers from making or selling Class B firefighting foam with intentionally added PFAS from January 1, 2028. Bulk petroleum facilities can get exemptions of up to 13 years. From January 1, 2027, sellers of firefighter protective gear that contains PFAS must give buyers a written notice, and foam makers must alert their Delaware sellers; recalls are due by March 1, 2028.

Verified November 10, 20261 law tracked4 provisions

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Food packaging: no rule
Cookware: no rule
Cosmetics: no rule
Children's products: no rule
Apparel and textiles: no rule
Textile furnishings: no rule
Carpets and rugs: no rule
Fabric treatments: no rule
Upholstered furniture: no rule
Cleaning products: no rule
Dental floss: no rule
Menstrual products: no rule
Ski wax: no rule
Artificial turf: no rule
Firefighting foam: ban scheduled from January 1, 2028
Firefighter gear: duty scheduled from January 1, 2027
Pesticides: no rule
All products: no rule
Reporting: no rule
Labeling: no rule

Ban scheduled
Duty scheduled
Years are effective dates.

Requirements by product

Product	Requirement	Effective	Status	Source
Firefighting foamBan	A manufacturer of Class B firefighting foam may not manufacture, knowingly sell, offer for sale, distribute for sale or distribute in Delaware foam that contains intentionally added PFAS.The prohibition is written for manufacturers. Bulk petroleum facilities can obtain exemptions of up to 13 years in total.	January 1, 2028	Scheduled	16 Del. C. 6602E, 6603E
Firefighting foamOther duty	Manufacturers of Class B foam that the law will prohibit must notify, in writing, the people who sell their products in Delaware about the law.	January 1, 2027	Starts	16 Del. C. 6604E(a)
Firefighting foamOther duty	Manufacturers must recall prohibited foam and reimburse retailers and other purchasers, unless the purchaser holds a bulk petroleum exemption.	March 1, 2028	Starts	16 Del. C. 6604E(b)
Firefighter gearLabeling	Anyone selling firefighting personal protective equipment that contains PFAS must give the purchaser written notice at the time of sale that it contains PFAS and why they were added, and keep the notice for three years.	January 1, 2027	Starts	16 Del. C. 6607E

The laws

Delaware

PFAS in firefighting foam and equipment

Citation: 16 Del. C. 6601E to 6607E
Enacted by: House Substitute 1 for HB 356 (153rd General Assembly), signed September 30, 2026; 85 Del. Laws c. 543
Enacted or adopted: September 30, 2026
Status: Enacted, not yet in effect
Source: https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143246&legislationTypeId=6&docTypeId=2&legislationName=HS1forHB356

How it defines PFAS

Fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Exemptions

A bulk petroleum facility, including a refinery, may apply to DNREC for a five-year exemption from the foam ban, extendable in two-year steps up to 13 years in total, if it shows by clear and convincing evidence that no compliant foam can suppress its large tank or emergency class B fires.

Penalties. Foam manufacturers: up to $5,000 for a first occurrence and $10,000 for each later one, plus costs. Firefighter gear notice: $100 per occurrence. DNREC may demand a certificate of compliance, due within 30 days.

Timeline

June 9, 2026 Update
House Substitute 1 for HB356 (PFAS firefighting foam) passes the Delaware House 35-1. Source
June 30, 2026 Update
HB356 passes the Delaware Senate 21-0 and is enrolled. Source
September 21, 2026 Update
HB 356 remained on the list of bills awaiting the governor's action. Source
September 30, 2026 Enacted
Governor Meyer signed House Substitute 1 for HB 356 (85 Del. Laws c. 543): Class B foam with intentionally added PFAS may not be made or sold by manufacturers from January 1, 2028, and sellers of firefighter gear with PFAS must give buyers a written notice from January 1, 2027. Source

Checked and set aside

Delaware's 2023 mattress law (6 Del. C. 2503G) has barred mattresses with more than 0.1 percent organohalogen chemicals, a class that includes PFAS, since July 1, 2023. It is written for organohalogens generally, not PFAS, so the register does not count it as a PFAS law.