Nevada Introduces Restrictions on PFAS and OFR in Some Consumer Goods

Stakeholders are advised that perfluoroalkyl
and polyfluoroalkyl substances (PFAS) and (additive) organohalogenated flame
retardants (OFR) are to be regulated in a wide variety of consumer products in
the US state of Nevada.

The state governor signed AB 97 (Chapter
112, 2021 Session) into law on May 27, 2021. This act amends the state’s Revised
Statutes in relation to:

  • Chapter 459 ‘Hazardous Materials’ – PFAS in firefighting foams – prohibited
    for testing and firefighting training, except in specific uses
  • Chapter 597 ‘Miscellaneous Trade Regulations and Prohibited Acts’ – OFR in
    business textiles, children’s products, mattresses, residential textiles and
    upholstered residential furniture – restricted to no more than 1,000 ppm for
    each OFR

[if !supportLists]

To learn about exemptions to the OFR
requirement, read SGS’s original SafeGuard 077/21.

The Act includes the following

  • ‘PFAS’ – family of fluorinated organic chemicals with at least one fully
    fluorinated carbon atom
  • ‘Residential textile’ – textile designed for residential use as a
    covering on windows or walls
  • ‘Children’s product’ – product primarily designed or intended to be used
    by or for a child under 12 years of age

[if !supportLists]

The definition of ‘children’s
product’ does not include:

  • A tent or sleeping bag
  • Consumer electronic products and components or products complying with
    Directive 2002/95/EC of the European Union (currently Directive 2011/65/EU,
    RoHS Recast)
  • Devices within the meaning of the Federal Food, Drug and Cosmetic Act
    (21 U.S.C § 321 (h))
  • Food, beverage, dietary supplement, pharmaceutical or biological
  • Outdoor sports equipment
  • Toys meeting the latest version of ASTM F963 ‘Standard Consumer Safety
    Specification for Toy Safety’

[if !supportLists]

Stakeholders should be aware the
provision relating to PFAS will come into effect on January 1, 2022, and the
provision for OFR will become effective on July 1, 2022.

SGS Chemical Testing

SGS offers a comprehensive range of testing services
to help manufacturers and suppliers ensure their products are safe and comply
with national and international regulations concerning harmful chemicals. Learn
more about SGS
Chemical Testing


keep you up to date with the latest news and developments in the consumer goods
industry. Read the full State of Nevada, USA, Regulates PFAS and
Flame Retardants in Certain Consumer Goods

here to receive SGS SafeGuardS
direct to your inbox.

further information contact:

HingWo Tsang

Global Information and Innovation Manager
Tel: (+852) 2774 7420





are SGS – the world’s leading testing, inspection and certification company. We
are recognized as the global benchmark for quality and integrity. Our 89,000
employees operate a network of 2,600 offices and laboratories, working together
to enable a better, safer and more interconnected world.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top