Legislation Introduced to Prohibit Sale of Class B Firefighting Foam in Delaware
Legislation introduced in the Delaware General Assembly would prohibit the sale of class B firefighting foam that contains intentionally added PFAS chemicals – beginning January 1st of 2028. House Bill 356 does include an exception for those engaged in the distribution of crude petroleum and petroleum products – provided that establishment applies to DNREC. By March of 2028 firefighting foam containing PFAS must be recalled or purchasers reimbursed – the recall must include the safe transport and storage of PFAS-containing foam until a safe disposal technology is identified.
Manufacturers found in violations will be subject to a $5000 civil penalty for a first offense, $10,000 civil penalty for a second or subsequent offense. Also firefighting PPE that contain PFAS chemicals must be sold – with a written notice that the PPE contains PFAS chemicals for at least 3 years from the date of transaction.
The bill is awaiting consideration in the House Health & Human Development Committee.