The new PFAS import ban explained

FROM firefighting foams to stain-resistant textiles, per- and polyfluoroalkyl substances, commonly known as PFAS chemicals, have quietly underpinned the performance of many industrial and consumer goods for decades. However, their hidden presence is now being thrust into the spotlight. Recent media coverage, including ABC News’s report on the NSW EPA’s legal action against 3M at Brogans Creek Quarry[1], and A Current Affair’s exposé on the widespread presence of PFAS[2], has raised public awareness. These “forever chemicals” are fast becoming a headline concern and for importers, exporters, and manufacturers, the clock is ticking.

In 2023, the Department of Climate Change, Energy, the Environment and Water (DCCEEW) began the process of regulating certain PFAS chemicals. After two years of industry transition, sweeping new measures come into effect on 1 July 2025. While the delayed implementation was intended to give businesses time to phase out these substances, some importers may still find themselves caught off guard. Let’s unpack the key facts behind the ban, the measures in place, and who will be impacted.

The Chemical

Incorporated into the Industrial Chemicals Environment Management (Register) instrument 2022, often referred to as the IChEMS Register, “The import, export and manufacture of the chemical (whether on its own or in mixtures or in articles) are prohibited…”. Listed as a schedule 7, it is subject to the highest level of restriction with the intent to completely phase out the chemical.

Specific substances are:

PFOA

Perfluorooctanoic acid (PFOA), including any of its branched isomers, its salts and any related compound that contains a linear or branched perfluoroheptyl (C7F15C) group and which can degrade to linear or branched PFOA. Notwithstanding the above, the following are not PFOA‑related compounds:

1. C8F17‑X, where X = F, Cl, Br;
2. fluoropolymers that are covered by CF3 [CF2]n‑R’, where R’=any group, n >16;
3. perfluoroalkyl carboxylic acids and their derivatives with ≥ 8 perfluorinated carbons;
4. perfluoroalkane sulfonic acids and perfluoro phosphonic acids and their derivatives with ≥ 9 perfluorinated carbons;
5. perfluorooctane sulfonic acid and its derivatives (PFOS), as listed in this register.

PFHxS

Perfluorohexanesulfonic acid (PFHxS), including its linear and branched isomers, their salts and any substance containing a linear or branched perfluorohexylsulfonyl moiety that can degrade to PFHxS.

PFOS

Perfluorooctanesulfonic acid (PFOS), including any of its branched isomers, its salts, perfluorooctanesulfonyl fluoride, and any substance containing a linear or branched perfluorooctanesulfonyl moiety and capable of degrading to PFOS (linear or branched).

It is important to note that the ban on importing PFOA, PFOS, and PFHxS applies not only to the chemicals themselves but also to any articles containing these substances. This significantly broadens the scope of the ban, as PFAS chemicals have been widely used to impart waterproof, non-stick, stain-resistant, and heat-resistant properties to various products.

Industries/goods historically using PFAS include:

• Textiles
• Clothing, shoes and accessories
• Furniture
• Scotchguard products
• Cookware
• Teflon products
• Household consumables
• Fire extinguishers
• Pesticides
• Building materials
• Electronics
• Military
• Cosmetics

Exemptions

Exemptions are determined according to the Schedule 7 listing[3]. At a high level, exemptions may include:

• Certain unintentional or low levels of trace chemical
• Certain levels contained in fire-fighting foam
• Research or laboratory purposes
• If a hazardous waste permit has been obtained
• When the article is already in use on or before 1 July 2025

Importers should refer to the full Schedule 7 listing to determine whether a specific exemption applies to their goods.

Why does it matter?

These persistent substances are increasingly detected in food, water, animals, and humans worldwide. Studies and debates on PFAS and the health risks have been conducted by scientists and governments on the exposure and toxicity to humans and our environments. These chemicals have been listed under the Stockholm Convention as industrial POPs (Persistent Organic Pollutants) with 186 member countries following suite to ban the chemicals, including Australia.

What measures can we expect on importation?

The typical measures that we have come to expect of ABF at enforcing prohibited imports at the border are focused on a Due Diligence approach. The following are some types of assurances that could potentially be implemented:

• Incorporation into the Customs (Prohibited Imports) Regulations 1956;
• Community Protection (CP) Question generated as to whether the goods contain PFOA, PFHxS, PFOS, its branched isomers, its salts and any related compound;
• Importer Due Diligence requirements, as reasonably practicable, through manufacturer declarations, testing and/or risk assessments to assure nil presence of these chemicals;
• Hazardous waste permit requirements for imports/exports of the chemical including articles containing the chemical;
• Subject to Re-exportation or hazardous disposal measures on goods imported without authority and not subject to any exemptions;
• Requirements on holders of stockpiles to notify the relevant authorities and manage waste within guidelines of the PFAS National Environmental Management Plan (PFAS NEMP);
• IChEMS Minimum Standards adherence.

However, at this stage, the legislative frameworks are not in place for the enforcement by way of interventions at the border. Until then, reliance will be placed on importers, exporters and manufacturers to follow the rules of the IChEMS. To stay up to date with the changes it is recommended to watch for legislative updates, the release of Australian Customs Notices (ACN’s) and Departmental updates on IChEMS.

Next steps

As importers, it is crucial to understand your supply chain and determine if any of your products are articles that contain PFAS to identify if your goods can be imported into Australia post 1 July 2025.

Some States have adopted the national measures into state legislation. For example, in NSW, the Protection of the Environment Operations Act 1997 and in QLD, the Environmental Protection Act 1994. These laws also prohibit the sale of articles containing the three chemicals from 1 July 2025, regardless of when they were imported or stored.

As the prohibition date approaches, it is important for importers and supply chain stakeholders to maintain diligent due diligence, stay informed on regulatory updates and adopt effective strategies to ensure ongoing regulatory compliance.

[1] https://www.abc.net.au/news/2025-05-30/epa-takes-on-pfas-3m-brogans-creek-quarry/105356690

[2] https://9now.nine.com.au/a-current-affair/the-cancercausing-chemical-in-almost-every-aussies-bloodstream-revealed-how-to-poison-a-planet-stan-documentary/28f45173-7542-4a9e-b1e5-760d437e4351

[3] Schedule 7, https://www.legislation.gov.au/F2022L01658/latest/text