Colorado PFAS Restrictions on Cleaning Products — HB 22-1345

By the Opora Editorial Team

Colorado's approach to PFAS in consumer products is defined by a single overarching statute that deliberately phases in bans across successive years, ratcheting compliance pressure on manufacturers and distributors in waves rather than all at once. The Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act, enacted as HB 22-1345 (signed June 3, 2022) and substantially expanded by SB 24-081 (signed May 1, 2024), now occupies Colorado Revised Statutes §§ 25-15-601 through 25-15-604. Colorado was the first state in the nation to ban PFAS in oil and gas products, and embedded a multi-year phase-out into a single statute. For commercial cleaning operators distributing into Colorado, the most urgent near-term deadline is the January 1, 2026 ban on cleaning products containing intentionally added PFAS.

The Staged Ban Timeline: 2024 Through 2028

The Act's phased approach means compliance is not a one-time event but an ongoing progression. Key milestones are:

The cookware disclosure requirement in effect since January 1, 2024 — requiring labels disclosing PFAS in handles or food-contact surfaces, and prohibiting false "PFAS-free" claims — is repealed on January 2, 2026 as cookware moves to an outright ban.

The Cleaning-Products Ban: The 2026 Commercial Cleaning Priority

The most consequential deadline for commercial cleaning companies is January 1, 2026, when Colorado bans the sale or distribution of any cleaning product containing intentionally added PFAS. The sole exception is floor maintenance products used in hospital or medical settings, which are banned January 1, 2028 instead. The statute defines "cleaning product" to encompass all products used for domestic, commercial, or institutional cleaning, covering PFAS-containing floor finishes, sealers, strippers, mold inhibitors, grease cutters, disinfectant cleaners, and janitorial concentrates. The statute contains no sell-through exemption — products manufactured with intentionally added PFAS may not be sold or distributed in Colorado after January 1, 2026 even if they predate that date. The hospital floor maintenance carve-out is narrow: it covers only floor-maintenance products (finishes and strippers) in hospital or medical settings, not general disinfectants or other cleaning categories.

Defining "Intentionally Added PFAS"

Across all product categories, the Act defines "intentionally added" PFAS as PFAS deliberately incorporated into a product formulation where the continued presence of PFAS is desired to perform a specific function. For cleaning products, PFAS-based surfactants and soil-release agents are the most common forms of intentional addition: fluorotelomer surfactants used in wetting agents, defoamers, and surface-active cleaning formulations all qualify. This distinguishes intentional use from incidental trace contamination that does not serve a functional purpose.

Enforcement, Penalties, and the Attorney General's Role

Colorado's Act establishes civil penalty authority enforced through the Colorado Attorney General's Natural Resources and Environment section:

• First offense: civil penalty not to exceed $5,000 per violation
• Repeat offenses: civil penalty not to exceed $10,000 per violation

Penalties are deposited into the local firefighter safety and disease prevention fund at C.R.S. § 24-33.5-1231. The Colorado Department of Public Health and Environment (CDPHE) administers the 2024 PFAS Action Plan, biosolids PFAS monitoring, water quality permitting under Policy 20-1, and the PFAS Cash Fund. CDPHE and the AG work in coordination: CDPHE handles environmental monitoring and discharge permitting while the AG pursues product-ban civil enforcement. Federally, EPA's TSCA Section 8(a)(7) PFAS reporting rule imposes penalties of up to approximately $46,989 per day per violation for reporting failures; Colorado businesses that manufactured or imported PFAS-containing products since 2011 must comply with federal reporting due in 2026–2027.

Exemptions and Carve-Outs

Federal preemption applies where federal law requires PFAS. Used-product resales are not covered. The most significant sector-specific carve-out is the delayed ban for hospital/medical floor maintenance products until January 1, 2028. Commercial cleaning applications receive no additional special treatment — the January 1, 2026 cleaning product ban applies equally to janitorial distributors, building service contractors, and retail cleaning product sellers.

What This Means for Janitorial Operators

Colorado's Act directly reshapes the operational product landscape for cleaning businesses in Denver, Boulder, Colorado Springs, Fort Collins, and the Front Range market:

• Cleaning chemicals (January 1, 2026): All PFAS-containing cleaning products must be removed from Colorado distribution. Review every SKU for intentionally added PFAS, including fluorotelomer surfactants. Source alternatives certified to EPA Safer Choice or Green Seal GS-37.
• Carpet and rug treatments (banned since January 1, 2024): PFAS-based aftermarket stain repellents have been prohibited for two years. Any inventory using these formulations has been in violation since 2024.
• Fabric treatments (banned since January 1, 2024): PFAS-containing water-repellent sprays for workwear, uniforms, or upholstery are prohibited.
• Food equipment in commercial settings (January 1, 2028): Food-contact cleaning equipment used in commercial kitchens will be banned. Plan ahead for restaurant, hospitality, and healthcare clients.
• Indoor textile furnishings (banned January 1, 2025): Drapes, tablecloths, and indoor upholstery supplied as part of facility services must be PFAS-free for indoor applications.

Documentation Requirements

Colorado's Act does not enumerate documentation requirements as extensively as some sister states, but civil penalty exposure makes documentation a practical necessity:

1. Obtain manufacturer attestations or certificates of compliance for every cleaning product SKU distributed in Colorado, confirming no intentionally added PFAS and identifying the test method.
2. Maintain a PFAS product inventory log organized by ban date (2024, 2025, 2026, 2027, 2028).
3. Retain supply chain documentation for at least five years from the date of sale.
4. Flag hospital and medical setting floor maintenance products separately for the 2028 deadline.
5. Update supplier contracts with PFAS-free warranty clauses keyed to the Act's rolling effective dates.

Bid Template Language

Colorado public procurement and commercial cleaning contractors should include: "All cleaning products and chemical supplies furnished under this contract shall comply with Colorado's Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act, C.R.S. §§ 25-15-601 through 25-15-604 (HB 22-1345 as amended by SB 24-081), and shall not contain intentionally added PFAS. All textile articles and fabric treatments shall likewise be free of intentionally added PFAS in conformance with the applicable phase-out dates under the Act. Contractor shall provide written manufacturer attestations confirming PFAS-free formulations upon contract award and annually thereafter."

Compliance Checklist

1. Confirm carpet/rug treatment and fabric treatment inventories have been PFAS-free since January 1, 2024.
2. Audit all cleaning product formulations for intentionally added PFAS ahead of January 1, 2026.
3. Request ingredient-level PFAS attestations from cleaning-product manufacturers for all Colorado-market SKUs.
4. Identify hospital/medical floor maintenance products and schedule PFAS-free substitution before January 1, 2028.
5. Review indoor textile furnishing inventory for 2025 compliance; plan for 2028 textile articles deadline.
6. Register with EPA's TSCA Section 8(a)(7) PFAS reporting system if applicable.
7. Verify no "PFAS-free" claims are made on products unless no individual PFAS is intentionally added, consistent with the Act's anti-greenwashing principle.

Primary sources

• Colorado HB 22-1345 — Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act
• Colorado Department of Public Health and Environment — PFAS
• Colorado Attorney General — Natural Resources and Environment
• Safer States — Colorado Signs First-in-Nation Ban on PFAS in Oil and Gas Products
• PPAI — Colorado Law Bans PFAS Chemicals in Apparel, Other Products (Dec. 2024)
• JD Supra — Material Concerns: Colorado and State PFAS Civil Penalties
• Colorado Lawyer — PFAS Regulation in Colorado (Oct. 2025)

Related PFAS resources

• PFAS state lookup tool — interactive ban calendar across all 50 states.
• PFAS in cleaning products: the 2026 state-by-state ban calendar
• Green Seal, EcoLogo, Safer Choice & CIMS-GB pathways
• Buying smart hub — chemical sourcing and certification guides.