Requirements by product
| Product | Requirement | Effective | Status | Source |
|---|---|---|---|---|
| Food packagingBan | PFAS-added food packaging and containers may not be sold, offered for sale, or distributed for sale or promotional purposes in New Hampshire.Covers containers used to market, protect, handle, deliver, serve, contain or store food or beverages, including unit, intermediate and shipping packages, cups, plates, bowls, trays, wraps, bags and packaging components such as coatings, closures, inks and labels. | January 1, 2027 | Scheduled | RSA 149-M:64, I(i), IV(e) |
| CosmeticsBan | PFAS-added cosmetics may not be sold, offered for sale, or distributed for sale or promotional purposes in New Hampshire.Covers products for retail sale or professional use. | January 1, 2027 | Scheduled | RSA 149-M:64, I(e), IV(b) |
| Children's productsBan | PFAS-added juvenile products may not be sold, offered for sale, or distributed for sale or promotional purposes in New Hampshire.Products for children under 12, including child restraint systems for motor vehicles and aircraft, crib mattresses and high chairs; excludes children's electronic products, medical devices and adult mattresses. | January 1, 2027 | Scheduled | RSA 149-M:64, I(k), IV(f) |
| Textile furnishingsBan | PFAS-added textile furnishings may not be sold, offered for sale, or distributed for sale or promotional purposes in New Hampshire.Textile furnishings include draperies, floor coverings, furnishings, bedding, towels and tablecloths used in households and businesses; textiles used in medical or industrial settings are excluded. Apparel is not listed. | January 1, 2027 | Scheduled | RSA 149-M:64, I(v), IV(h) |
| Carpets and rugsBan | PFAS-added carpets or rugs may not be sold, offered for sale, or distributed for sale or promotional purposes in New Hampshire.Carpet or rug means a fabric product marketed or intended for use as a floor covering in households or businesses. | January 1, 2027 | Scheduled | RSA 149-M:64, I(b), IV(a) |
| Fabric treatmentsBan | PFAS-added textile treatments may not be sold, offered for sale, or distributed for sale or promotional purposes in New Hampshire.Textile treatment means a product applied to a textile to give or enhance characteristics such as stain or water resistance; textile dye is excluded. | January 1, 2027 | Scheduled | RSA 149-M:64, I(w), IV(c) |
| Upholstered furnitureBan | PFAS-added upholstered furniture may not be sold, offered for sale, or distributed for sale or promotional purposes in New Hampshire. | January 1, 2027 | Scheduled | RSA 149-M:64, I(t), IV(g) |
| Menstrual productsBan | PFAS-added feminine hygiene products may not be sold, offered for sale, or distributed for sale or promotional purposes in New Hampshire.Includes tampons, pads, sponges, menstruation underwear, disks, applicators and menstrual cups, disposable or reusable. | January 1, 2027 | Scheduled | RSA 149-M:64, I(h), IV(d) |
| Ski waxBan | PFAS-added waxes produced for use on boats, skis, surfboards, bodyboards or skimboards may not be sold, offered for sale, or distributed for sale or promotional purposes in New Hampshire.Added by HB 167 (2025 N.H. Laws ch. 19), effective July 13, 2025. | January 1, 2027 | Scheduled | RSA 149-M:64, IV(i) |
| Firefighting foamBan | Manufacturers may not knowingly sell, offer for sale, distribute for sale or distribute for use in New Hampshire class B firefighting foam with intentionally added PFAS, and no person, local government or state agency may discharge or use it for training or testing.Exceptions: uses where PFAS are required by federal law (for example 14 C.F.R. 139.317; DES may adopt rules if federal rules change), chemical plants, and flammable liquid storage or distribution facilities, tank farms and terminals. Testing is allowed at facilities DES has evaluated for containment. Manufacturers must recall and reimburse, and municipalities must report any discharge to DES within 48 hours. | January 1, 2020 | In force | RSA 154:8-b, II, III, IV, XI |
| Firefighting foamOther duty | DES must run a take-back program for safe disposal of legacy foams (made before January 1, 2004 with PFOS or PFOA-related long-chain PFAS). | July 1, 2023 | Applies | RSA 154:8-b, VIII |
| Firefighter gearPurchasing | Fire departments may not offer the option of purchasing firefighting station wear (uniform shirts or pants) containing intentionally added PFAS or non-polymeric fire-resistive chemicals.Manufacturers must offer safer alternatives if they exist. | January 1, 2025 | In force | RSA 154:8-c, VI |
| Firefighter gearUse limit | Fire departments may not offer the option of wearing firefighting station wear containing intentionally added PFAS or non-polymeric fire-resistive chemicals. | July 1, 2025 | In force | RSA 154:8-c, VI |
| Firefighter gearLabeling | A manufacturer or other seller of firefighting PPE must give the purchaser written notice at the time of sale stating whether the equipment does or does not contain PFAS; notices go in users' personnel files and are kept in procurement files for 3 years.PPE includes jackets, pants, shoes, gloves, helmets, hoods and respiratory equipment. Notices must be produced to the Department of Safety within 60 days on request. | January 1, 2020 | Applies | RSA 154:8-c, II, III |
The laws
Consumer products; PFAS use restricted (HB 1649)
- Citation
- RSA 149-M:64
- Enacted by
- HB 1649 (2024), 2024 N.H. Laws ch. 349; amended by HB 167 (2025 N.H. Laws ch. 19) and 2026 N.H. Laws ch. 298 (HB 1275)
- Enacted or adopted
- August 2, 2024
- Last amended
- July 10, 2026
- Status
- Enacted, not yet in effect
- Source
- https://gc.nh.gov/rsa/html/X/149-M/149-M-64.htm
How it defines PFAS
Perfluoroalkyl and polyfluoroalkyl substances or "PFAS" means "PFAS" as defined in 40 C.F.R. 705.3.
Intentionally added
Intentionally added PFAS" means PFAS that a manufacturer has intentionally added to a product or product component and that have a functional or technical effect in the product or product component, including PFAS components of 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.
Exemptions
- Resale of products manufactured before the ban
- Products for which federal law governs PFAS in a manner that preempts state authority
- Drugs and medical devices regulated by the FDA
- Public water systems, wastewater treatment plants and government-owned facilities
- EPA SNAP-approved substitutes and substitutes needed under the AIM Act (not for PFAS-added products banned by the section)
- Products authorized by or under contract with the U.S. Department of Defense that are or may be covered by ITAR or the EAR
- Products made with at least 85 percent recycled content
- Products manufactured before the ban and replacement parts for them
- The ban reaches only PFAS-added consumer products manufactured after the section's effective date; consumer products include household-type products sold to businesses, such as commercial carpets and floor waxes
Penalties. DES may enforce under its RSA 149-M:38 authority, in coordination with the Department of Health and Human Services if needed. On DES request, manufacturers or suppliers must within 30 days provide a certificate of compliance or notify sellers that sale is prohibited and send DES the notice and list.
Certain chemicals prohibited in firefighting foam
- Citation
- RSA 154:8-b
- Enacted by
- 2019 N.H. Laws ch. 337; amended by 2021 N.H. Laws ch. 208
- Last amended
- August 10, 2021
- Status
- In force
- Source
- https://gc.nh.gov/rsa/html/XII/154/154-8-b.htm
How it defines PFAS
Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Exemptions
- Uses where PFAS foam is required by federal law
- Sales for use at chemical plants, refineries and re-refineries
- Sales for use at flammable liquid storage or distribution facilities, tank farms and terminals
- Testing at DES-evaluated facilities with containment, treatment and disposal measures
Penalties. Administrative fine up to $5,000 per violation for a first offense and up to $10,000 per repeat offense (RSA 154:8-b, V).
Firefighting personal protective equipment and station wear
- Citation
- RSA 154:8-c
- Enacted by
- 2019 N.H. Laws ch. 337; amended by 2024 N.H. Laws ch. 336
- Last amended
- October 1, 2024
- Status
- In force
- Source
- https://gc.nh.gov/rsa/html/XII/154/154-8-c.htm
How it defines PFAS
Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Timeline
- July 1, 2023 Update
DES legacy firefighting foam take-back program was required to begin. Source - August 2, 2024 Enacted
HB 1649 (2024 N.H. Laws ch. 349) took effect, setting a January 1, 2027 PFAS ban for eight consumer product categories. Source - October 1, 2024 Amended
2024 N.H. Laws ch. 336 took effect, adding PFAS station wear restrictions for fire departments. Source - January 1, 2025 Took effect
Fire departments barred from offering to buy PFAS-containing station wear. Source - July 1, 2025 Took effect
Fire departments barred from offering the wearing of PFAS-containing station wear. Source - July 13, 2025 Amended
HB 167 (2025 N.H. Laws ch. 19) took effect, adding boat, ski and board waxes to the 2027 ban. Source - July 10, 2026 Amended
2026 N.H. Laws ch. 298 (HB 1275) took effect, including an amendment to RSA 149-M:64. Source
Checked and set aside
- New Hampshire's 2027 ban does not cover cookware.