Bill Text: CA AB2515 | 2023-2024 | Regular Session | Amended
Bill Title: Menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-07-03 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 2). Re-referred to Com. on APPR. [AB2515 Detail]
Download: California-2023-AB2515-Amended.html
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Amended
IN
Senate
June 24, 2024 |
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Amended
IN
Senate
June 06, 2024 |
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Amended
IN
Assembly
April 04, 2024 |
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Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2515
| Introduced by Assembly Member Papan |
February 13, 2024 |
An act to add Article 15 (commencing with Section 25258) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2515, as amended, Papan.
Menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS).
The Hazardous Waste Control Law regulates the use and disposal of hazardous materials. Existing law permits the Department of Toxic Substances Control or any local officer or agency authorized to enforce the Hazardous Waste Control Law to require specified parties to furnish and transmit certain information relating to hazardous substances, hazardous wastes, and hazardous materials. A violation of the Hazardous Waste Control Law is a crime.
Existing law, beginning January 1, 2025, prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined.
This bill would similarly prohibit any person from manufacturing, distributing, selling, or
offering for sale in the state any menstrual products that contain regulated PFAS, as defined. The bill would authorize the Department of Toxic Substances Control to adopt guidance or regulations, as specified, for the purposes of implementing and enforcing these provisions. The bill would require the department to issue guidance related to testing for regulated PFAS in menstrual products. The bill would authorize the department to issue a cease and desist order to a manufacturer of a menstrual product under specified circumstances. authorize the department to issue a notice of violation of the above provisions under specified circumstances, including that the department has provided the manufacturer written notice of the alleged violation and the manufacturer has failed to respond to the notice and, if mandated by the department, has failed to
take corrective or mitigating actions to bring the product into compliance, and would specify when an initial and subsequent violations are deemed to have occurred. The bill would require the department and the manufacturer to post on their internet websites, and the manufacturer to post on their social media accounts, that a notice of violation has been issued, as specified. The bill would make a violation of these provisions punishable by civil penalties, as specified, and would authorize the Attorney General by request of the department, a city attorney, a county counsel, or a city prosecutor to bring an action to enforce these provisions. The bill would create, and would require all moneys collected from penalties to be deposited in, the T.A.M.P.O.N. Act Fund. The bill would also authorize any person to bring an action in superior court for any injury suffered as a result of a product sold in violation of this prohibition.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act.SEC. 2.
Article 15 (commencing with Section 25258) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:Article 15. Menstrual Products
25258.
For the purposes of this article, the following definitions apply:(a) “Department” means the Department of Toxic Substances Control.
(b) “Menstrual product” means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.
(c) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d) “Regulated perfluoroalkyl and polyfluoroalkyl substances substances” or “regulated PFAS” means the following:
(1) Commencing January 1, 2025, PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(2) Commencing January 1, 2027, the presence of
PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.
25258.1.
The department may adopt regulations or guidance as necessary for the purpose of implementing, administering, and enforcing this article.25258.2.
The department shall issue guidance as it relates to testing for the presence of regulated PFAS in menstrual products.25258.3.
A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulatedIf the department finds that a menstrual product contains regulated PFAS, and reasonably suspects that imminent harm would result from the continued sale of the product, the department may issue a cease and desist order to the manufacturer of the menstrual product.
(a)Any person may bring a civil action in a court of competent jurisdiction for any injury suffered as a result of a product sold in violation of this article.
(b)Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section.
25258.4.
(a) The department may issue a notice of violation of this article after all of the following occur:(1) The department has tested a sufficient sample size, as determined by the department, of the menstrual product alleged to be in violation of this article and found the presence of regulated PFAS.
(2) The department has provided the manufacturer, via certified mail, written notice that does all of the following:
(A) Describes of the alleged violation, including the data suggesting the presence of regulated PFAS.
(B) Requires corrective action by
the manufacturer to bring the subject menstrual product into compliance, if applicable.
(C) Provides the manufacturer with a 45-day period to respond in writing to provide information regarding the alleged violation, including, but not limited to, whether an exception applies and any mitigating or corrective action that the manufacturer has taken.
(3) The department determines a violation of this article has occurred and the manufacturer has failed to respond to the notice provided pursuant to subdivision (a) and, if mandated by the department, has failed to take corrective or mitigating actions to bring the subject menstrual product into compliance.
(b) (1) For the purposes of this article, an initial violation is deemed to have occurred upon the issuance of an initial notice of violation
pursuant to subdivision (a) if the department finds that a person has manufactured, distributed, sold, or offered for sale a menstrual product in a single product line of the same brand, product type, size, and absorbency.
(2) For the purposes of this article, a subsequent violation is deemed to have occurred upon the continued manufacture, distribution, sale, or offer for sale, as applicable, of the menstrual product in violation of this article.
(c) The department shall post on its internet website that a notice of violation has been issued pursuant to subdivision (a).
(d) (1) Upon the department’s issuance of a notice of violation to a manufacturer, the manufacturer shall publish the notice of violation on their internet website and social media accounts.
(2) The publication of the notice of violation by the manufacturer shall include the violation date, the product testing level, the brand, the product type, and any relevant lot or stock-keeping unit numbers.
25258.6.25258.5.
(a) A violation of this article is punishable by a civil penalty not to exceed(b) A second and subsequent violation of this article is punishable by a civil penalty not to exceed ten thousand dollars ($10,000) per day.
two hundred fifty thousand dollars ($250,000).
(c)For purposes of this section, an initial violation is deemed to have occurred where the department finds, using a sufficient sample size, as determined by the department, of a
single product line of the same brand, product type, size, and absorbency, as applicable, that a person has manufactured, distributed, sold, or offered for sale a menstrual product that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.
(d)A subsequent violation is deemed to have occurred upon the continued manufacture, distribution, sale, or offer for sale, as applicable, of the menstrual product in violation of this section after a violation pursuant to subdivision (c) has occurred.
(e)
(c) The court may grant injunctive relief in any action brought pursuant to this section.
(f)
(d) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state by the request of the department, by a city attorney, by a county counsel, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(g)
(e) A prevailing plaintiff bringing an action pursuant to this article shall be awarded attorney’s fees and costs by the court.
(h)
(f) Moneys from penalties collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury. The moneys deposited in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department exclusively for the support of the department in carrying out the duties and responsibilities under this article.
