The New Hampshire Department of Environmental Services (NHDES) has adopted Env-Sw 2300, Per- and Polyfluoroalkyl Substances (PFAS) Products Control Program, establishing the regulatory framework for implementing and enforcing New Hampshire’s restrictions on consumer products containing intentionally added PFAS. The rule implements the requirements of RSA 149-M:64, enacted through House Bill 1649, which prohibits the sale, offer for sale, distribution, or promotional distribution of certain PFAS-added consumer products in New Hampshire beginning January 1, 2027.
The adoption of Env-Sw 2300 places New Hampshire among an increasing number of states taking action to reduce the use of PFAS, commonly referred to as “forever chemicals,” in consumer products. PFAS are valued for their resistance to water, oil, stains, and heat, but they are also highly persistent in the environment and have become a significant regulatory focus at both the state and federal levels. As product-specific PFAS restrictions continue to expand across the United States, manufacturers, distributors, suppliers, retailers, and importers should understand how New Hampshire’s new requirements may affect their operations.
What Products Are Affected?
RSA 149-M:64 prohibits intentionally added PFAS in several categories of consumer products beginning January 1, 2027. Covered categories include, among others:
- Food packaging and food containers
- Carpets or rugs
- Juvenile products
- Upholstered furniture
- Textile furnishings
- Textile treatments
- Cosmetics
- Feminine hygiene products
- Waxes produced for use on boats, skis, surfboards, bodyboards, or skimboards
Regulated entities should review product categories carefully when evaluating applicability. Products containing intentionally added PFAS that fall within regulated categories may no longer be sold, offered for sale, or distributed in New Hampshire unless an exemption applies. Exemptions are provided for certain products with high recycled-content percentages, second-hand products, medical devices, pharmaceuticals, and products otherwise preempted by federal law. Companies should not assume exemption eligibility, and it is recommended to evaluate each product category individually.
Key Requirements Under Env-Sw 2300
While the statutory product ban was established in RSA 149-M:64, Env-Sw 2300 provides NHDES with the procedures necessary to verify compliance and enforce the law. One of the most significant aspects of the rule is the creation of a formal Certificate of Compliance process.
Under Env-Sw 2300, NHDES may request a Certificate of Compliance from a manufacturer or supplier when:
- The Department receives a public complaint suggesting a product may contain intentionally added PFAS;
- The Department receives information indicating a product may contain intentionally added PFAS; or
- Product testing conducted by NHDES or another party indicated the presence of intentionally added PFAS.
The Certificate of Compliance must be submitted electronically upon request and includes information such as:
- Product name and description;
- Manufacturer or supplier contact information;
- Identification of authorized company representatives;
- Date the certificate is completed;
- Certification that the product does not contain intentionally added PFAS or identification of an applicable exemption; and
- Authorized signature attesting to the accuracy of the certification.
Manufacturers or suppliers that are required to submit a Certificate of Compliance must do so within 30 days or must notify sellers of the product that the sale of the product is prohibited in New Hampshire, and confirm to NHDES that these notifications were made.
Reformulated Products and Ongoing Compliance
Env-Sw 2300 also addresses products that have been reformulated. If NHDES has previously requested a Certificate of Compliance for a product and the manufacturer subsequently reformulates that product, a new Certificate of Compliance may be required before the reformulated product is offered for sale or distribution in New Hampshire.
As companies continue PFAS phase-out efforts and redesign products to meet evolving state requirements, maintaining an organized compliance management process will be critical. Product changes, supplier substitutions, and material modifications could affect compliance status and may require additional review before products enter the New Hampshire market.
Enforcement and Administrative Penalties
The newly adopted rule also establishes an administrative enforcement structure for violations of RSA 149-M:64 and Env-Sw 2300. NHDES is authorized to investigate potential violations, request information from manufacturers and suppliers, and assess administrative penalties where appropriate.
Once the product ban becomes effective on January 1, 2027, companies could face enforcement risks if regulated products containing intentionally added PFAS remain in commerce within New Hampshire.
Broader Implications for Industry
New Hampshire’s PFAS product restrictions reflect a wider national trend toward product-based regulation of PFAS. Several states have already enacted restrictions, reporting requirements, or disclosure obligations for products containing intentionally added PFAS. As a result, many manufacturers are shifting from state-by-state compliance strategies toward nationwide PFAS reduction programs.
For affected companies, compliance may require:
- Supply chain investigations and supplier certifications;
- Product composition reviews;
- Reformulation of products containing intentionally added PFAS;
- Development of recordkeeping systems supporting compliance claims;
- Monitoring of evolving PFAS regulations across multiple jurisdictions; and
- Coordination between environmental, legal, procurement, product stewardship, and quality assurance teams.
What Companies Should Do Now
With the January 1, 2027 compliance deadline rapidly approaching, manufacturers, suppliers, distributors, and retailers should begin evaluating whether products sold or distributed in New Hampshire contain intentionally added PFAS and whether any statutory exemptions apply. Companies should also assess the availability of supporting documentation that may be needed if NHDES requests a Certificate of Compliance.
For many organizations, the greatest challenge will not be understanding the rule itself but obtaining sufficient supply chain information to confidently demonstrate compliance. Early engagement with suppliers and product teams can help avoid any issues as implementation deadlines approach.
Need Help Now?
Have questions about New Hampshire’s PFAS product requirements or how Env-Sw 2300 may affect your products? Trinity Consultants’ Boston office can help evaluate regulatory applicability, assess compliance obligations, conduct regulatory reviews, and support supply chain due diligence efforts before New Hampshire’s January 1, 2027 deadline.
Call us at 508.273.8600 to speak with a compliance expert.
