On May 21, 2025, the New Hampshire State Senate and House of Representatives amended the RSA 149-M:64 regulation, introducing a new ban that explicitly prohibits the sale of ski wax, boat wax, surfboard wax, and similar sports products containing intentionally added per- and polyfluoroalkyl substances (PFAS).
Regulatory Background
In August 2024, New Hampshire enacted a regulation (effective January 1, 2027) banning the sale, distribution, or promotional offering of the following PFAS-containing consumer products within the state:
- Carpets or rugs;
- Cosmetics;
- Fabric treatments;
- Feminine hygiene products;
- Food packaging and containers;
- Infant and toddler products;
- Upholstered furniture;
- Textile furnishings.
Definition of PFAS
Under the regulation, “PFAS” refers to chemicals or mixtures defined in 40 C.F.R. §705.3 that contain at least one of the following three substructures:
- R-(CF₂)-CF(R’)R”, where both the CF₂ and CF groups are saturated carbons;
- R-CF₂OCF₂-R’, where R and R’ may be fluorine (F), oxygen (O), or saturated carbons;
- CF₃C(CF₃)R’R”, where R’ and R” may be fluorine or saturated carbons.
Amendment Details
The latest revision inserts a new subsection (i) after subsection (h), explicitly banning the waxes produced for use on boats, skis, surfboards, bodyboards, or skimboards. The amendment will take effect 60 days after enactment.
PFAS Restrictions Across U.S. States
- California: Banned food packaging and children’s products with intentionally added PFAS (≥100 ppm) since 2023.
- New York: Prohibited PFAS in food packaging since December 31, 2022.
- Vermont (S.20): Firefighting foam banned since July 1, 2022; food packaging, carpets, rugs, and ski wax banned since 2023.
- Colorado (HB 22-1345): Phased PFAS bans from 2024–2027; food packaging ban effective January 1, 2024.
- Maryland: Statewide ban on intentionally added PFAS in products since 2024.
- Minnesota (HF 2310): PFAS prohibited in food packaging by 2025.
- Maine:
- 2023: Banned carpets, fabric treatments.
- 2026: Cleaning products, cookware, cosmetics.
- 2029: Artificial turf, outdoor apparel (exceptions require labeling).
- 2032: All products (exceptions for “unavoidable uses”).
- Connecticut: Comprehensive ban on 12 PFAS-containing product categories (e.g., apparel, cosmetics, textiles) by 2028.
- New Mexico:
- 2027: Cookware, food packaging, dental floss, children’s products, firefighting foam.
- 2028: Expanded to carpets, cleaning products, cosmetics, upholstered furniture, etc.
- 2032: Full ban unless exempted.
- New Hampshire – Effective 2027, prohibited the sale or promotion of PFAS-containing consumer products, including carpets, cosmetics, food packaging, infant products, upholstered furniture, and sports waxes (ski, boat, surfboard wax).
Further Information
