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

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

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2024-08-29 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 14.). [AB347 Detail]

Download: California-2023-AB347-Amended.html

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Amended  IN  Senate  June 20, 2024

Amended  IN  Senate  June 05, 2024

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

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Introduced by Assembly Member Ting
(Coauthor: Assembly Member Schiavo)
(Coauthor: Senator Allen)

January 31, 2023

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An act to amend Section 108945 of, to add Chapter 3 (commencing with Section 108075) to Part 3 of Division 104 of, to repeal the heading of Chapter 3 of Part 3 of Division 104 of, and to repeal Article 7 (commencing with Section 108087) of Chapter 3 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.

(1) Existing law prohibits juvenile products, textile articles, cosmetic products, and food packaging, that contain specified levels of perfluoroalkyl and polyfluoroalkyl substances (PFAS) from being distributed, sold, or offered for sale in the state, as provided. Existing law prohibits cookware that contains specified chemicals from being sold, offered for sale, or distributed in the state unless certain product labeling and public notice requirements are met, as provided. Beginning January 1, 2025, existing law prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in the state any cosmetic product that contains certain intentionally added ingredients, as provided. Federal regulations require the label on each package of a cosmetic to bear a declaration of the name of each ingredient, as provided.

This bill would require the Department of Toxic Substances Control, on or before January 1, 2026, to adopt regulations for the enforcement of those prohibitions on the use of PFAS and the use of specified chemicals in cookware and cosmetic products. cookware. The bill would require manufacturers of these products, on or before July 1, 2026, to register with the department, to pay a registration fee to the department, and to provide test results demonstrating a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department. department, as specified. The bill would authorize the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. The bill would authorize the department to use the list of ingredients on a cosmetic product’s package to determine compliance with the cosmetic product ingredient restrictions. The bill would authorize or require, as specified, the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS and the use of specified chemicals in cookware and cosmetic products, cookware, as provided. The bill would authorize the department to assess an administrative fine for a violation of these prohibitions and to require compliance with these prohibitions, as specified. The bill would require the department, on or before July 1, 2030, to submit a report to the Legislature regarding its compliance and enforcement activities performed pursuant to these provisions, as specified.

The bill would require the department to deposit the registration fees into the PFAS Enforcement Fund, which the bill would create in the State Treasury, to be used to implement these provisions, upon appropriation by the Legislature. The bill would require the department to deposit the administrative fines into the PFAS Fine Account, which the bill would create in the PFAS Enforcement Fund, to be used to implement these provisions, upon appropriation by the Legislature.

(2) For purposes of restricting the use of PFAS, existing law defines “juvenile product” to mean a product designed for use by infants and children under 12 years of age, including, but not limited to, specified products.

This bill would limit the definition of this term to the list of specified products.

Digest Key

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

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Bill Text

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

SECTION 1.

 The heading of Chapter 3 of Part 3 of Division 104 of the Health and Safety Code is repealed.

SEC. 2.

 Chapter 3 (commencing with Section 108075) is added to Part 3 of Division 104 of the Health and Safety Code, to read:

CHAPTER  3. Enforcement and Penalties

Article  1. Intent

108075.

 (a) It is the intent of the Legislature that this chapter provide enforcement mechanisms for existing and future perfluoroalkyl and polyfluoroalkyl substance (PFAS) bans and labeling requirements enacted by the Legislature.

(b) It is the intent of the Legislature that all persons and entities subject to enforcement pursuant to this chapter remain subject to any other modes of enforcement or legal action otherwise authorized by law.

Article  2. Definitions and General Provisions

108076.

 For purposes of this chapter, all of the following definitions apply:

(a) “Covered PFAS restriction” means a restriction imposed by any of the following:

(1) Chapter 12.5 (commencing with Section 108945).

(2) Chapter 13.5 (commencing with Section 108970).

(3) Section 108981.5.

(4) Chapter 15 (commencing with Section 109000).

(b) “Covered product” means any of the following:

(1) A juvenile product, as defined in Section 108945.

(2) Textile articles, as defined in Section 108970.

(3) A cosmetic product, as defined in Section 108982.

(4) Food packaging, as defined in Section 109000.

(5) Cookware, as defined in Section 109010.

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

(d)“Non-PFAS ingredient restrictions” means the prohibitions imposed by Section 108980.

108077.

 On or before January 1, 2026, the department shall adopt regulations to implement, interpret, or make specific this chapter, chapter and the covered PFAS restrictions, and the non-PFAS ingredient restrictions.

108078.

 This chapter does not limit or restrict existing mandates, prohibitions, deadlines, enforcement authorities, or rights of action.

Article  3. Registration and Testing

108079.

 (a) On or before July 1, 2026, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation:

(1) The name and a description of each covered product it manufactures.

(2) The applicable registration fee.

(3)Certification and analytical test results demonstrating that the covered products that it manufactures complies with the applicable covered PFAS restrictions. The

(3) (A) A statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction.

(B) The department may request, and a manufacturer shall provide, technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the department’s internet website pursuant to subdivision (b).

(b) On or before January 1, 2026, the department shall publish on its internet website a list of accepted testing methods, accredited laboratories, or types of testing locations for testing whether a covered product complies with the covered PFAS restrictions.

(c) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the department’s reasonable costs of implementing this chapter.

108080.

 If a manufacturer has not provided the information required by subdivision (a) of Section 108079, the department may procure and test any covered product for compliance with the applicable covered PFAS restrictions. Tests may be done by selecting and testing randomized samples of covered products from a cross section of retailers or by any other process specified by the department in regulation.

Article  4. Notice of Violation

108081.

 (a) The department shall issue a notice of violation to a person or entity in violation if either of the following occurs:

(1) The department’s testing or test results submitted as a part of the registration process pursuant to subdivision (a) of Section 108079 indicates that a covered product violates one or more applicable covered PFAS restriction.

(2) The department determines that a covered product violates one or more non-PFAS ingredient a covered PFAS restriction after finding a prohibited ingredient or chemical on a cosmetic label. PFAS as an ingredient identified on a covered product’s label.

(b) A notice of violation shall indicate the nature of the violation and may do any of the following:

(1) Assess an administrative fine against a person or entity in violation.

(2) Require compliance with the applicable covered PFAS restrictions or non-PFAS ingredient restrictions, including requiring the person or entity to cease the sale or distribution of a covered product in this state.

(c) The department may issue a notice of violation pursuant to subdivision (b) and (c) of Section 108083.

(d) (1) The department shall publish on its internet website information about each notice of violation, including, but not limited to, the relevant stock keeping unit (SKU) number for each covered product subject to a notice of violation.

(2) The department shall develop a process for keeping interested persons or entities informed about updates to notices of violation published on the department’s internet website.

Article  5. Enforcement

108082.

 The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative fine assessed pursuant to this chapter. In determining the amount of an administrative fine, the department shall consider all of the following factors:

(a) The nature and severity of the violation.

(b) The good or bad faith of the person or entity in violation.

(c) The history of prior violations, if any.

(d) Evidence that the violation was willful.

(e) The extent that the person or entity has cooperated with the department.

108083.

 (a) The department may receive reports of alleged violations of covered PFAS restrictions and non-PFAS ingredient restrictions restrictions, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities. entities, and shall verify those alleged reports through its own independent testing, verification, or inspection.

(b) If the violation concerns a failure to disclose information that is required by law, the department may issue a notice of violation and assess an administrative fine.

(c)The department may rely on a certification and analytical testing performed by a consumer, business, research institution, or not-for profit entity to issue a notice of violation and to assess an administrative fine for a violation of one or more covered PFAS restrictions if the provided certification and analytical tests comply with those published on the department’s internet website pursuant to subdivision (b) of Section 108079.

Article  6. Finance

108084.

 The department shall deposit all moneys from the registration fee described in Section 108079 into the PFAS Enforcement Fund, which is hereby created in the State Treasury. Moneys in the fund shall, upon appropriation by the Legislature, be used to fund the department’s reasonable costs of implementing this chapter.

108085.

 The department shall deposit all administrative fines collected pursuant to this chapter into the PFAS Fine Account, which is hereby created in the PFAS Enforcement Fund. Moneys in the account shall, upon appropriation by the Legislature, be available for expenditure by the department to implement this chapter.

108086.

 Upon appropriation by the Legislature, funds in the Toxic Substances Control Account may be used by the department to carry out this chapter.

Article  7. Reporting

108087.

 (a) On or before July 1, 2030, the department shall submit a report to the Legislature regarding its compliance and enforcement activities performed pursuant to this chapter, including, but not limited to, all of the following:

(1)Test results provided to the department by persons or entities and a description of any information call-in initiatives, regulated persons or entities engagement, and cease-ordering initiatives.

(2)The test results for each covered product tested by the department and a description of the test methods the department used to test covered products.

(1) A summary of the covered products manufactured by the manufacturers registered with the department, the type and number of products tested, and product testing results.

(2) A description of the types of the compliance activities undertaken by the department.

(3) A description of each administrative fine or any other enforcement activity taken by the department against persons or entities pursuant to this chapter. chapter, including the names and descriptions of the covered products.

(4) For each instance in which the department determined that a covered product violated one or more applicable covered PFAS restrictions but no enforcement action was taken, an explanation of why no action was taken.

(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this article is repealed on January 1, 2034.

SEC. 3.

 Section 108945 of the Health and Safety Code is amended to read:

108945.

 For purposes of this chapter, the following definitions apply:

(a) “Adult mattress” means a mattress other than a crib mattress or toddler mattress.

(b) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means either of the following:

(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including, but not limited to, 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) The presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine.

(c) (1) “Juvenile product” means the following products designed for use by infants and children under 12 years of age: a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller, and toddler mattress that is designed for use by infants and children under 12 years of age. mattress.

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

(A) A children’s electronic product, including, but not limited to, a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power cord.

(B) A medical device.

(C) An internal component of a juvenile product that would not come into direct contact with a child’s skin or mouth during reasonably foreseeable use and abuse of the product.

(D) An adult mattress.

(d) “Medical device” means “device” as defined in subsection (h) of Section 321 of Title 21 of the United States Code.

(e) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.