Bill Text: CA AB347 | 2023-2024 | Regular Session | Amended

California Assembly Bill 347

Bill Title: Household product safety: toxic substances: testing and enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-09-11 - Ordered to inactive file at the request of Senator Cortese. [AB347 Detail]

Download: California-2023-AB347-Amended.html

Amended IN Senate September 08, 2023

Amended IN Senate September 01, 2023

Amended IN Senate August 16, 2023

Amended IN Senate June 28, 2023

Amended IN Assembly May 18, 2023

Amended IN Assembly April 11, 2023

Amended IN Assembly March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 347

Introduced by Assembly Member Ting

January 31, 2023

An act to add Article 3 (commencing with Section 109015) to Chapter 15 of Part 3 of Division 104 of the Health and Safety Code, relating to consumer protection.

LEGISLATIVE COUNSEL'S DIGEST

AB 347, as amended, Ting. Household product safety: toxic substances: testing and enforcement.

Existing law prohibits a person from distributing, selling, or offering for sale in the state food packaging, as defined, that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law requires a manufacturer of specified cookware that contains certain chemicals in the handle of the product or in any cookware surface that comes in contact with food, foodstuffs, or beverages to post on an internet website for the cookware a list of those chemicals, among other information. Existing law requires, beginning January 1, 2024, the product label for this cookware to list those chemicals, among other information. Existing law prohibits this cookware from being sold, offered for sale, or distributed in the state unless the cookware and the manufacturer of the cookware comply with these provisions.

This bill would require the Department of Toxic Substances Control to adopt guidance regarding the PFAS prohibition and the internet posting and labeling requirements for cookware, and to post that guidance on its internet website by January 1, 2025. By July 1, 2026, the bill would require the department to select and test at least 100 but no more than 200 random samples of food packaging and cookware for compliance with those PFAS prohibitions and the manufacturers’ labeling and internet posting duties. The bill would authorize the department to select and test samples after July 1, 2026, upon appropriation by the Legislature.

The bill would authorize the department to assess administrative fines against manufacturers of food packaging that is tested by the department and found to contain PFAS, as provided. The bill would require the department to ensure compliance with the product labeling requirements and would authorize the department to assess administrative fines against manufacturers of cookware that does not comply with the labeling and internet posting duties. The bill would require all fines collected pursuant to this bill to be deposited into the Chapter 15 Fine Account, which the bill would create in the State Treasury, to be available for expenditure by the department upon appropriation by the Legislature, as specified. The bill would require the department to receive complaints from consumers concerning PFAS in these products that are sold in this state. The bill would require the department, by July 1, 2027, to submit a report to the Legislature regarding the testing and enforcement actions taken pursuant to the bill’s provisions.

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

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

SECTION 1.

Article 3 (commencing with Section 109015) is added to Chapter 15 of Part 3 of Division 104 of the Health and Safety Code, to read:

Article 3. Enforcement and Penalties

109015.

(a) For purposes of this section, “department” means the Department of Toxic Substances Control.

(b) The department shall adopt guidance to implement, interpret, or make specific this chapter. The department shall post this guidance on its internet website by January 1, 2025.

(c) (1) By January 1, 2026, the department shall select and test at least 100 but no more than 200 random samples from the products regulated under this chapter, including, but not limited to, bakery bags, bowls, clamshells, fast food wrappers and containers, food containers, grocery store wrappers and containers, microwave popcorn bags, and soup containers.

(2) After July 1, 2026, the department may select and test additional samples upon appropriation by the Legislature.

(d) The department shall publish on its internet website information regarding the testing performed pursuant to this section, including, but not limited to, all of the following:

(1) The department’s timeline for choosing testing samples, testing, and publishing results.

(2) A list of products the department intends to test.

(3) The procedures the department intends to use in testing each product.

(4) The test results for each product.

(e) (1) (A) If the department’s testing shows that a product regulated by Article 1 (commencing with Section 109000) contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined in Section 109000, then the department shall notify the manufacturer of the tested product and the nature of the violation and may assess administrative fines against the manufacturer of the product.

(B) The department shall ensure compliance with the product labeling requirements and the internet posting requirements imposed by Article 2 (commencing with Section ~~109020),~~ 109010), and shall notify the manufacturer of a violation and the nature of the violation, including the identity of the product in violation, and may assess administrative fines against the manufacturer of the product.

(2) The department shall make available on its internet website information about each notice of violation issued pursuant to this section, including, but not limited to, the relevant stock keeping unit (SKU) number for each product subject to a notice of violation. The department shall develop a process for keeping interested persons informed about updates to notices of violation posted on the department’s internet website.

(f) The department shall determine the amount of the administrative fine assessed pursuant to subdivision (e). In determining the amount of the administrative fine, the department shall consider the following factors:

(1) The nature and severity of the violation.

(2) The good or bad faith of the cited person.

(3) The history of previous violations.

(4) Evidence that the violation was willful.

(5) The extent to which the cited person or entity has cooperated with the department.

(g) The department shall deposit all fines collected pursuant to this article into the Chapter 15 Fine Account, which is hereby created in the State Treasury. Upon appropriation by the Legislature, moneys in the Chapter 15 Fine Account shall be available for expenditure by the department to enforce this chapter.

(h) The department shall receive complaints from consumers concerning perfluoroalkyl and polyfluoroalkyl substances in products regulated by this section that are sold in this state and may consider these complaints when determining test samples authorized under paragraph (3) of subdivision (c).

(i) This article does not limit or restrict the enforcement authority of the Attorney General or a district attorney to enforce this chapter.

(j) (1) By July 1, 2027, the department shall submit a report to the Legislature providing information regarding the testing performed pursuant to this article, including, but not limited to, all of the following:

(A) The test results for each product and the procedures the department used in testing each product.

(B) Information about any action taken against manufacturers pursuant to this article.

(C) If no action was taken against manufacturers pursuant to this article, then an explanation of why no action was taken.

(2) The requirement for submitting a report imposed under this subdivision is inoperative on July 1, 2031, pursuant to Section 10231.5 of the Government Code.

(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.