As Introduced

136th General Assembly

Regular Session H. B. No. 272

2025-2026

To amend sections 3704.99 and 6109.20 and to enact sections 3704.21, 3715.591, 3745.61, 3745.62, 3745.63, 3745.64, 3745.65, 3745.66, and 3745.67 of the Revised Code to prohibit the use of certain food dyes and additives, the release of substances into the atmosphere for certain purposes, and intentionally added PFAS in various products, to revise the law governing fluoride, and to name this act the Protecting Utility and Resources for Enhanced Living, Improved Food, and Environment Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3704.99 and 6109.20 be amended and sections 3704.21, 3715.591, 3745.61, 3745.62, 3745.63, 3745.64, 3745.65, 3745.66, and 3745.67 of the Revised Code be enacted to read as follows:

Sec. 3704.21. No person shall purposely inject, release, or disperse, by any means, chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight.

Sec. 3704.99. (A) Whoever recklessly violates division (A), (B), (C), (D), (E), (F), (G), or (I) of section 3704.05 or division (B)(5) of section 3704.16 of the Revised Code shall be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both, for each violation. Each day the violation continues after a conviction for a violation is a separate offense.

(B) Whoever knowingly violates division (H), (J), or (K) of section 3704.05 of the Revised Code shall be fined not more than ten thousand dollars for each day of each such violation.

(D) Whoever violates division (B)(2) or knowingly violates division (C)(1) of section 3704.16 of the Revised Code is guilty of a minor misdemeanor.

(E) Whoever violates division (B)(1) or (3) or knowingly violates division (C)(2) or (3) of section 3704.16 of the Revised Code shall be fined not less than five hundred nor more than twenty-five hundred dollars for each day of each violation.

(F) Whoever recklessly violates division (B)(4) of section 3704.16 of the Revised Code shall be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both, for each violation. Each day the violation continues after a conviction for a violation is a separate offense.

(G) The sentencing court, in addition to the penalty provided in divisions (D), (E), and (F) of this section, shall order the offender to restore within thirty days any emission control system that was tampered with in connection with the violation or to provide proof that the motor vehicle whose emission control system was tampered with has been dismantled or destroyed. The court may extend that deadline for good cause shown. If the offender does not take the corrective action ordered under this division, each day that the violation continues is a separate offense. Violation of a court order entered under this division is punishable as contempt under Chapter 2705. of the Revised Code.

(H) Whoever violates section 3704.21 of the Revised Code is guilty of a misdemeanor of the fourth degree and, notwithstanding section 2929.28 of the Revised Code, shall be fined ten thousand dollars for each violation. Each day of violation constitutes a separate offense.

Sec. 3715.591. Food is adulterated within the meaning of this chapter if any of the following apply:

(A) It bears or contains any of the following:

(1) Titanium dioxide;

(2) Brominated vegetable oil;

(3) Potassium bromate;

(4) Propylparaben;

(5) Azodicarbonamide;

(6) Butylated hydroxytoluene (BHT);

(7) Butylated hydroxyanisole.

(B) It bears or contains any of the following food dyes:

(1) Red dye 3 or erythrosine;

(2) Red dye 40;

(3) Yellow dye 5 or tartrazine;

(4) Yellow dye 6 or sunset yellow;

(5) Blue dye 1;

(6) Blue dye 2 or indigotine or indigo carmine;

(7) Green dye 3.

Sec. 3745.61. As used in sections 3745.61 to 3745.67 of the Revised Code:

(A) "Carpet or rug" means a fabric marketed or intended for use as a floor covering.

(B) "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the substances that form through breakdown, decomposition, degradation, or metabolism of the substance.

(1) A polish or floor maintenance product;

(2) An air care product labeled for the intended use of enhancing or conditioning the indoor environment by eliminating unpleasant odors or freshening the air;

(3) An automotive maintenance product labeled for the intended use of maintaining the appearance of a motor vehicle.

"Cleaning product" does not include automotive paint or paint repair products.

(D) "Consumer product" means tangible personal property that is distributed in commerce and normally used for personal, family, or household use, including product categories that are normally used in households but designed for or sold to businesses, such as commercial carpet or floor waxes.

(E) "Cookware" means durable houseware items intended for direct food contact and used to prepare, dispense, or store food, foodstuffs, or beverages;

(F) "Cosmetic" means a product or product component, other than soap, intended to be applied to the human body for cleansing, beautifying, or promoting attractiveness.

(G) "Currently unavoidable use" means a use of PFAS that the director of environmental protection has determined by rule to be essential for health, safety, or the functioning of society, and for which alternatives are not reasonably available.

(H) "Fabric treatment" means a substance applied to fabric for stain, grease, or water resistance, or flame retardance.

(I) "Feminine hygiene product" means a disposable or reusable product to collect menstruation and vaginal discharge, including tampons, pads, sponges, menstruation underwear, discs, applicators, and menstruation cups.

(J) "Firefighting foam" means an aqueous film-forming foam containing an intentionally added PFAS.

(K) "Food packaging" means a container, unit package, intermediate package, or shipping container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, including an individually assembled part of a food package.

(L) "Intentionally added" means a PFAS deliberately added or used during the manufacture of a product in which the continued presence, at any level or concentration, of the PFAS is desired or expected in the final product or one of the product's components.

(M) "Juvenile product" means a product designed or marketed for use by children under twelve years of age, including children's car seats, clothes, and toys, but does not include an electronic product, including:

(1) Personal computers and any associated equipment;

(2) Audio and video equipment;

(3) Calculators;

(4) Wireless phones;

(5) Gaming consoles;

(6) Handheld devices incorporating a video screen and any associated peripheral device such as a mouse, keyboard, power supply unit, or power cord.

(N) "Manufacturer" means:

(1) A person, firm, association, partnership, corporation, organization, combination, or a joint venture that creates, produces, or assembles a product or whose brand name is affixed to a product;

(2) In the case of a product imported into the United States, an importer or first domestic distributor of the product, provided that the entity or person that created, produced, or assembled the product or whose brand name is affixed to the product does not have an office or employees in the United States.

(O) "Medical device" means an instrument, apparatus, implement, machine, implant, in vitro reagent, or other similar or related device, including any component or accessory, that is a product regulated as a drug or medical device by the United State food and drug administration under the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. 301, et seq., and that satisfies any of the following:

(1) It is recognized in an official compendium.

(2) It is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease in a human or animal.

(3) It is intended to affect the structure or function of the body of a human or an animal, does not achieve its principal intended purposes through chemical action within or on the body of a human or animal, and does not depend on being metabolized for achievement of its principal intended purpose.

(P) "Official compendium" means a comprehensive, authoritative listing of recognized medical devices, including listings published by a federal regulatory body, that detail specifications standards and accepted uses of medical devices.

(Q) "PFAS" has the same meaning as "per- and polyfluoroalkyl substances or PFAS" in 40 C.F.R. 705.3.

(R) "Product" means an item created, produced, assembled, packaged, or otherwise prepared for sale to consumers, including a product component sold or distributed for personal, residential, commercial, or industrial use, including for use in making another product.

(S) "Sell" and "sale" includes offering for sale, distributing, or distributing for sale directly or indirectly or through intermediaries.

(T) "Ski wax" means a lubricant applied to the bottom of a snow runner, including a ski or snowboard, to improve grip or glide properties, and includes associated tuning products.

(U) "Textile" means an item made in whole or in part from a natural or synthetic fiber, yarn, or fabric, including leather, cotton, silk, jute, hemp, wool, viscose, nylon, or polyester.

(V) "Textile furnishings" means a textile product made in whole or part from a natural or synthetic fiber, yarn, or fabric that is used as furniture or a decorative accessory.

(W) "Upholstered furniture" means furniture that is wholly or partially stuffed with a filling material.

Sec. 3745.62. Sections 3745.63 and 3745.64 of the Revised Code do not apply to any of the following:

(A) A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.

(B) Used products offered for sale or resale.

(C) Medical devices or drugs, and the packaging of the medical devices or drugs, that are regulated by the United States food and drug administration, including prosthetic and orthotic devices.

(D) Cooling, heating, ventilation, air conditioning, or refrigeration equipment that contains intentionally added PFAS or refrigerants listed as acceptable, subject to use conditions, or subject to narrow use limits by the United States environmental protection agency pursuant to the significant new alternatives policy program, 40 C.F.R. 82, subpart G, provided the equipment is for sale for the authorized use specified under that program.

(E) A veterinary product and its packaging intended for use in or on animals, including diagnostic equipment or test kits, and the veterinary product's components and any product that is a veterinary medical device, drug, biologic, or parasiticide, or any product that is otherwise used in a veterinary medical setting or in veterinary medical applications that are regulated by or under the jurisdiction of any of the following:

(1) The United States food and drug administration;

(2) The United States department of agriculture pursuant to the federal "Virus-Serum-Toxin Act," 21 U.S.C. 151, et seq.;

(3) The United States environmental protection agency pursuant to the "Federal Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C. 136, et seq., except that any such products approved by the United States environmental protection agency pursuant to that law for aerial and land application are not exempt.

(F) A product developed or manufactured for the purpose of public health or environmental or water quality testing.

(G) A motor vehicle or motor vehicle equipment regulated under a federal motor vehicle safety standard, as defined in 49 U.S.C. 30102, except that the exemption does not apply to any textile article or refrigerant that is included in or as a component part of such products.

(H) Any other motor vehicle, including an off-highway vehicle or specialty motor vehicle, such as an all-terrain vehicle, a side-by-side vehicle, farm equipment, or a personal assistive mobility device.

(I) A watercraft, aircraft, lighter-than-air aircraft, or seaplane.

(J) A semiconductor, including semiconductors incorporated in electric equipment, and materials used in the manufacture of semiconductors.

(K) Non-consumer electronic and non-consumer laboratory equipment not ordinarily used for personal, family, or household purposes.

(L) A product that contains intentionally added PFAS with uses that are currently listed as acceptable, acceptable subject to use conditions, or acceptable subject to narrowed use limits in the United States environmental protection agency's regulations under the significant new alternatives policy program, 40 C.F.R. 82, provided that the product contains PFAS that are being used as substitutes for ozone-depleting substances under the conditions specified in the regulations.

(M) A product used for the generation, distribution, or storage of electricity.

(N) Equipment directly used in the manufacture or development of the products described in divisions (A) to (M) of this section.

(O) A product for which the director of environmental protection has adopted a rule providing that the use of the PFAS in that product is a currently unavoidable use.

(P) A product that contains fluoropolymers consisting of polymeric substances for which the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone that is a solid at standard temperature and pressure.

Sec. 3745.63. (A) Beginning January 1, 2027, no manufacturer shall sell the following products if that product contains an intentionally added PFAS:

(1) Cookware;

(2) Food packaging;

(3) Dental floss;

(4) Juvenile products;

(5) Firefighting foam.

(B) Beginning January 1, 2028, no manufacturer shall sell the following products if that product contains an intentionally added PFAS:

(1) Carpets or rugs;

(2) Cleaning products;

(3) Cosmetics;

(4) Fabric treatments;

(5) Feminine hygiene products;

(6) Textiles;

(7) Textile furnishings;

(8) Ski wax;

(9) Upholstered furniture.

(C) Beginning January 1, 2032, no manufacturer shall sell a product containing an intentionally added PFAS unless the director of environmental protection has adopted a rule in accordance with Chapter 119. of the Revised Code providing that the use of PFAS in that product is a currently unavoidable use.

(D) Until January 1, 2032, the director may adopt rules in accordance with Chapter 119. of the Revised Code to prohibit a manufacturer from selling a consumer product not listed in division (A) or (B) of this section that contains an intentionally added PFAS. The director shall adopt such rules upon a finding of fact that prohibiting the sale of the consumer product is necessary to protect human health or the environment. In adopting rules under this division, the director shall do both of the following:

(1) Establish an effective date for each such prohibition that is not less than six months after the adoption of the final rule establishing the prohibition. No such effective date shall be earlier than January 1, 2027.

(2) Prioritize prohibitions of consumer products containing intentionally added PFAS that are most likely to harm humans or contaminate the environment.

(E) This section does not apply to a pesticide regulated by or under the jurisdiction of the "Federal Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C. 136, et seq.

Sec. 3745.64. (A) The director of environmental protection shall adopt rules in accordance with Chapter 119. of the Revised Code that require a manufacturer to submit the following information to the director for a product that contains an intentionally added PFAS:

(1) A brief description of the product, including a universal product code, stock keeping unit, or other numeric code assigned to the product;

(2) The purpose for which the PFAS is used in the product;

(3) The amount of each PFAS in the product, identified by its chemical abstracts service registry number and reported as an exact quantity determined using commercially available analytical methods, or reported as falling within a range approved for reporting purposes by the director;

(4) The name and address of the manufacturer, and the name, address, and telephone number of a contact person for the manufacturer;

(5) Any additional information requested by the director, as necessary, provided that the director shall not require disclosure of records, reports, or information, or particular parts of records, reports, or information, that would divulge confidential business records, methods, or processes that the manufacturer demonstrates is entitled to protection as a trade secret.

(B) Not later than January 1, 2027, a manufacturer of a product for sale in this state that contains an intentionally added PFAS shall submit to the director of environmental protection the information required by rules adopted under this section.

(C) Beginning January 1, 2028, no manufacturer shall sell a product if testing requested by the director under section 3745.65 of the Revised Code demonstrates that the product contains an intentionally added PFAS and that the manufacturer failed to provide the director the information required by rules adopted under this section.

(D) Beginning January 1, 2028, no manufacturer shall sell a product that contains an intentionally added PFAS unless the manufacturer has submitted to the director the information required by rules adopted under this section.

(E) A manufacturer shall submit a revision of the information provided about a product pursuant this section not later than thirty days after a significant change to the information that the manufacturer previously submitted or upon the request of the director.

(F) Upon written approval from the director, a manufacturer may provide the information required by this section to the director for a category, type of product, or product component.

(G) The director may waive the obligation of a manufacturer to submit all or part of the information required by rules adopted under this section if the director determines that substantially equivalent information is publicly available. The director may grant a waiver to a manufacturer or a group of manufacturers for multiple products or a product category.

(H) The director may extend the deadline for a manufacturer to submit the information required by this section upon a determination by the director that circumstances merit an extension of time.

(I) The director may enter into an agreement with one or more states or political subdivisions of a state to collect and share information otherwise required to be submitted by this section. The director may accept such information as meeting the information submission requirements of this section.

(J) Not later than sixty days after receiving the information required by this section from a manufacturer, the director shall notify the manufacturer that adequate information has been received or that additional information is required. A manufacturer shall submit to the director any additional information requested by the director not later than thirty days after the request.

Sec. 3745.65. (A) If the director of environmental protection has reason to believe that a product containing intentionally added PFAS is for sale in this state and the sale of such product is prohibited under section 3745.63 of the Revised Code, the director may direct the manufacturer of the product to, within thirty days, provide testing results that demonstrate the amount of each PFAS in the product, if any. The manufacturer shall identify any PFAS as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the director.

(B) If testing demonstrates that the product does not contain an intentionally added PFAS, the manufacturer shall provide the director with a certificate of compliance attesting that the product does not contain an intentionally added PFAS. The manufacturer also shall submit the testing results and any other relevant information requested by the director.

(C) If testing demonstrates that the product contains an intentionally added PFAS, the manufacturer shall do both of the following:

(1) Provide the director, within thirty days, the information required for the product pursuant to section 3745.64 of the Revised Code;

(2) Notify each person that sells the product in this state that the sale of the product is prohibited and provide the director with a list of the names and addresses of the persons so notified.

(D) The director may notify a person that sells a product prohibited under sections 3745.61 to 3745.66 of the Revised Code that the product is prohibited in this state.

Sec. 3745.66. (A) The director of environmental protection shall adopt rules in accordance with Chapter 119. of the Revised Code to do all of the following:

(1) Exempt from the reporting requirements established under section 3745.64 of the Revised Code any product that contains an intentionally added PFAS that is exempt under section 3745.62 of the Revised Code or that has been designated as having a currently unavoidable use by the director;

(2) Create a series of ranges for the amount of a PFAS in a product that contains an intentionally added PFAS for reporting purposes unless exempt under section 3745.62 of the Revised Code;

(3) Identify currently unavoidable uses of PFAS that are essential for health, safety, or the functioning of society and for which alternatives are not reasonably available;

(4) Except as otherwise provided in section 3737.52 of the Revised Code, regarding firefighting foam:

(a) Require a periodic inventory of firefighting foam quantities stored or used in this state;

(b) Require the use of firefighting foam for emergency purposes only;

As used in division (A)(4) of this section, "emergency purposes" does not include training or the use of firefighting foam in fire suppression systems.

(B) The director may do the following:

(1) Adopt rules in accordance with Chapter 119. of the Revised Code to carry out sections 3745.61 to 3745.67 of the Revised Code, including the following:

(a) Requiring the labeling of products in English and Spanish;

(b) Prohibiting consumer products that contain an intentionally added PFAS by category or use upon a finding of fact that a prohibition on the product is necessary to protect human health or the environment;

(c) Designating that the use of a PFAS in a certain product is a currently unavoidable use as provided in section 3745.63 of the Revised Code.

(2) Determine that a product containing intentionally added PFAS are a currently unavoidable use based on determinations made by other states.

(C) Prior to adopting a rule under division (B)(1)(b) or (c) of this section regarding a pesticide, fertilizer, agricultural liming material, or plant or soil amendment that contains an intentionally added PFAS, the director shall consult with the director of agriculture.

Sec. 3745.67. Any manufacturer that violates sections 3745.61 to 3745.66 of the Revised Code or a rule adopted or order issued under those sections shall pay a civil penalty of not more than fifteen thousand dollars for each violation, to be paid into the state treasury to the credit of the general revenue fund. Each day that a violation continues constitutes a separate offense. The attorney general, upon written request by the director of environmental protection, shall bring an action for such a penalty against any manufacturer that violates sections 3745.61 to 3745.66 of the Revised Code. Such an action is a civil action, governed by the Rules of Civil Procedure and other rules of practice and procedure applicable to civil actions.

Any civil penalties imposed under this section do not limit a manufacturer's liability in other causes of action.

Sec. 6109.20. If the natural fluoride content of supplied water of a public water system is less than eight-tenths milligrams per liter of water, a public water system may add fluoride ~~shall be added~~ to such water to maintain fluoride content of not less than eight-tenths milligrams per liter of water nor more than one and three-tenths milligrams per liter of water ~~beginning:~~

~~(A) On or before January 1, 1971, for a public water system supplying water to twenty thousand or more persons;~~

~~(B) On or before January 1, 1972, for a public water system supplying water to five thousand or more persons, but less than twenty thousand persons~~.

Section 2. That existing sections 3704.99 and 6109.20 of the Revised Code are hereby repealed.

Section 3. This act shall be known as the Protecting Utility and Resources for Enhanced Living, Improved Food, and Environment Act.