Prohibits sale, manufacture, and distribution of certain apparel and diaper products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.*

2026-2027 Regular Session Introduced by Lisa Swain and 1 co-sponsor

Bans sale and distribution of apparel with intentionally added PFAS in New Jersey two years after enactment, with penalties for violations.

Substituted by S1281 (SCS/2R)

Overview

A 5048 is a New Jersey bill in the 222nd Legislature that would prohibit the sale, manufacture, and distribution of apparel containing intentionally added PFAS (perfluoroalkyl and polyfluoroalkyl substances) in the state, effective two years after the bill’s enactment. The measure adds PFAS restrictions to the broader “Protecting Against Forever Chemicals Act” framework and assigns penalties for violations.

Key provisions and changes

Prohibition timing: Beginning two years after the effective date, no person may sell, offer for sale, manufacture, or distribute apparel containing intentionally added PFAS in New Jersey.

Penalties: Violations are treated as violations of P.L.2025, c.202 (the Protecting Against Forever Chemicals Act). Civil penalties range from $1,000 to $20,000 per violation, with each day constituting a separate offense.

Scope of “apparel”: The bill defines apparel as a broad category including clothing items for regular wear or formal occasions (undergarments, shirts, pants, dresses, etc.), outdoor apparel, and outdoor wear designed for severe wet conditions. It excludes personal protective equipment, clothing for exclusive U.S. military use, and protective gear for motorcycle/off-highway operation.

Definitions: The bill provides extensive definitions for related terms (e.g., PFAS, product, internal component, manufacturer, fabric treatment, food packaging) to support enforcement and compliance.

Implementation and regulation: The Department of Environmental Protection and the Division of Consumer Affairs are authorized to adopt rules under the Administrative Procedure Act to implement the bill’s provisions (sections 12–14 and general enforcement provisions).

Effective date of the act: The act itself takes effect immediately, with the prohibition applying two years after that date.

Affected entities and products

Manufacturers, importers, distributors, retailers, and any others involved in selling apparel in New Jersey.

Apparel products that contain intentionally added PFAS, including, but not limited to, everyday wear, athletic wear, school uniforms, and outdoor/severe wet-condition gear.

Excluded items: PPE, U.S. military exclusive clothing, and certain protective motorcycle/off-highway gear.

Procedural and timeline aspects

Enactment: As of the current text, the act is moving through the legislative process (reported out of committee with amendments, potential 2nd Reading).

Compliance window: A two-year grace period post-enactment before the prohibition takes effect.

Enforcement timeline: Violations are enforceable under the existing penality framework of the “Protecting Against Forever Chemicals Act,” with daily penalties for continued violations.

Bottom line

If enacted, A 5048 would create a statewide PFAS-free apparel market after a two-year transition, with substantial civil penalties for violators and a detailed framework to define applicable products and regulatory responsibilities. The measure emphasizes public health protection by constraining the use of intentionally added PFAS in consumer clothing and related apparel products.

Bill