Requirements by product
| Product | Requirement | Effective | Status | Source |
|---|---|---|---|---|
| Firefighting foamUse limit | Prohibits use of Class B and Class A/B firefighting foam containing intentionally added PFAS; training use is banned outright, while real-incident and testing use are limited to specific exemptions.Testing permitted only at facilities with DNR-compliant containment, treatment, and disposal measures under NR 159. | September 1, 2020 | In force | Section 299.48 |
| Firefighting foamReporting | Requires immediate notification to the Wisconsin DNR when PFAS-containing foam is discharged to the environment.Notification via the DNR emergency hotline. | September 1, 2020 | Applies | Section 299.48 |
The laws
Wisconsin
2019 Wisconsin Act 101 (AFFF firefighting foam restrictions)
- Citation
- Wis. Stat. Section 299.48
- Enacted by
- 2019 Wisconsin Act 101
- Status
- In force
- Source
- https://docs.legis.wisconsin.gov/statutes/statutes/299/49/2/d/1/b
Intentionally added
intentionally added per- and polyfluoroalkyl substances (PFAS)
Exemptions
- Emergency firefighting and fire-prevention operations
- Testing at certified facilities with DNR-compliant containment/treatment/disposal measures under NR 159
Bills and pending action
- SB 1138 (2025-2026 Regular Session): Sale and distribution of products containing PFAS
Failed to pass; did not advance past committee referral (March 23, 2026)
Would have banned sale/distribution of 11 named product categories containing intentionally added PFAS starting January 1, 2032 (food packaging, carpets/rugs, cleaning products, cosmetics, dental floss, fabric treatments, juvenile products, menstrual products, textile furnishings, ski wax, upholstered furniture), with an all-products ban from January 1, 2038 absent a DNR unavoidable-use determination; would have required manufacturer reporting to DNR by January 1, 2032 and set a $100 per-product, per-day civil forfeiture; exempted medical devices, federally regulated products, and used goods; firefighting foam was excluded (already covered by Act 101). Referred to committee March 19, 2026; failed to pass March 23, 2026. Source
Timeline
- September 1, 2020 Took effect
Wisconsin's AFFF PFAS use restriction (Act 101, Section 299.48) takes effect. Source - March 19, 2026 Update
SB1138 (broad PFAS product phase-out bill) referred to Senate Natural Resources, Veteran and Military Affairs Committee. Source - March 23, 2026 Update
SB1138 fails to pass; Wisconsin's attempt at a broad all-products PFAS law stalls. Source