Bill Text: CA AB2244 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Product safety: proofs of purchase: intentionally added bisphenols.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB2244 Detail]

Download: California-2023-AB2244-Amended.html

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Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2244

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Introduced by Assembly Member Ting

February 08, 2024

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An act to amend Section 42357.6 of the Public Resources Code, relating to solid waste. An act to add Chapter 12.3 (commencing with Section 108943) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 2244, as amended, Ting. Solid waste: plastic food container products. Product safety: proofs of purchase: bisphenols.

Existing law prohibits a person from manufacturing, selling, or distributing in commerce any bottle or cup that contains bisphenol A, at a certain level, if the cup or bottle was designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption from that bottle or cup by children 3 years of age or younger, except as provided.

This bill would prohibit, on and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer from containing bisphenol A, and, on and after January 1, 2026, from containing any bisphenols. The bill would specify that a violation would be punishable by a civil penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for each subsequent violation. The bill would require all fines collected pursuant to this bill to be deposited into the Toxic Substances Control Account, to be available for expenditure by the department upon appropriation by the Legislature, as specified. The bill would authorize the department, the Attorney General, a county counsel, a district attorney, or a city attorney to enforce these provisions.

Existing law requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim.

This bill would make nonsubstantive changes to that provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Paper receipts generate 334,000,000 pounds of waste and over 5 billion pounds of carbon dioxide, the equivalent of more than 471,000 cars on the road, and most paper receipts contain chemicals that contaminate other recyclable paper materials.

(b) The Ecology Center has found that 93 percent of paper receipts are coated with bisphenol A (BPA) or bisphenol S (BPS) chemicals.

(c) The United States Food and Drug Administration has banned BPA from baby bottles because those chemicals are known to disrupt hormones, causing cancerous tumors, birth defects, and other developmental issues.

(d) The BPA or BPS on receipts can enter people’s bodies simply through touch, which poses a major risk to retail workers, who have 30 percent more BPA or BPS found in their bodies than others who do not have regular contact with receipts, according to the Environmental Working Group and the federal Centers for Disease Control and Prevention.

(e) The State of Connecticut banned the use of receipt paper containing BPA in 2011, the State of Illinois banned receipt paper containing BPA in 2019, and the European Union restricted the use of BPA in thermal paper beginning in 2020 and is also investigating similar restrictions on the use of BPS.

SEC. 2.

 Chapter 12.3 (commencing with Section 108943) is added to Part 3 of Division 104 of the Health and Safety Code, to read:

CHAPTER  12.3. Proof of Purchase

108943.

 For purposes of this chapter, the following definitions apply:

(a) (1) “Business” means a person that accepts payment through cash, credit, or debit transactions.

(2) “Business” does not include any of the following:

(A) A health care provider, as defined in Section 123105.

(B) An entity organized as a nonprofit institution that has annual gross sales receipts of less than two million dollars ($2,000,000).

(C) Except for purposes of subdivision (b) of Section 108943.1, an entity that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).

(b) “Consumer” means a person who purchases, and does not offer for resale, food, alcohol, other tangible personal property, or services.

(c) “Department” means the Department of Toxic Substances Control.

(d) “Manufacturer” means the person that makes the paper for the paper proof of purchase from raw materials or machinery.

(e) “Person” means any individual, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.

(f) “Proof of purchase” means a receipt for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided at the point of sale, but does not include an invoice.

108943.1.

 (a) (1) On and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain bisphenol A.

(2) On and after January 1, 2026, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain any bisphenols.

(b) The department may adopt regulations to implement, interpret, or make specific this chapter.

(c) The department shall post any violation or enforcement action of this chapter on the department’s internet website.

(d) The department shall deposit all fines collected pursuant to this chapter into the Toxic Substances Control Account for the department to use upon appropriation by the Legislature to enforce this chapter.

(e) The department, the Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. A violation shall be punishable by a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.

SECTION 1.Section 42357.6 of the Public Resources Code is amended to read:

42357.6.

(a)For purposes of this section, “plastic food container product” means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.

(b)A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:

(1)The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).

(2)The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).

(c)A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its internet website containing the information and documentation.

(d)This section does not limit the requirements of this chapter or any other law.