Bill Text: CA AB727 | 2023-2024 | Regular Session | Amended

California Assembly Bill 727

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

Bill Title: Product safety: cleaning products and floor sealers or floor finishes: perfluoroalkyl and polyfluoroalkyl substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB727 Detail]

Download: California-2023-AB727-Amended.html

Amended IN Senate June 22, 2023

Amended IN Senate June 07, 2023

Amended IN Assembly April 13, 2023

Amended IN Assembly April 11, 2023

Amended IN Assembly March 14, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 727

Introduced by Assembly Member Weber

February 13, 2023

An act to add Chapter 17 (commencing with Section 109030) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 727, as amended, Weber. Product safety: cleaning products: perfluoroalkyl and polyfluoroalkyl substances.

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. Existing law similarly prohibits, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.

This bill, beginning January 1, 2026, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a cleaning product that contains regulated PFAS, as specified. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would exempt treatments containing PFAS for use on converted textiles or leathers, as specified, from these provisions.

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

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

SECTION 1.

Chapter 17 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:

CHAPTER 17. Cleaning Products Containing PFAS

109030.

For purposes of this chapter, the following definitions apply:

(a) “Air care product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air.

(b) “Automotive product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, maintain the appearance of, polish, protect, buff, condition, or otherwise care for a motor vehicle. Automotive products include products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles.

(c) “Cleaning product” means a finishing product that is an air care product, automotive product, general cleaning product, or a polish or floor maintenance product used primarily for janitorial, domestic, industrial, or institutional cleaning purposes, or a water vessel product.

(d) “General cleaning product” means a soap, detergent, or other chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, sanitize, or otherwise care for any of the following:

(1) Fabric, dishes, or other wares.

(2) Surfaces, including, but not limited to, floors, furniture, countertops, showers, or baths.

(3) Other hard surfaces, such as stovetops, microwaves, and other appliances.

(e) “Intentionally added PFAS” means PFAS that a manufacturer has intentionally added to a product or ingredient and that have a functional or technical effect in the product or ingredient.

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

(g) “Polish or floor maintenance product” means a chemically formulated consumer product, such as polish, wax, a stripper, or a restorer, labeled to indicate that the purpose of the product is to clean, disinfect, polish, protect, buff, condition, temporarily seal, strip, or maintain furniture, floors, metal, leather, or other surfaces. Polish or floor maintenance products do not include treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers.

(h) “Treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers” has the same meaning as provided in Section 69511.5 of Title 22 of the California Code of Regulations.
~~(h)~~

(i) “Water vessel product” means a chemically formulated consumer product, such as an all-purpose cleaner or wash, deck or nonskid surface cleaner, hull or bottom cleaner, product that descales or dissolves marine growth, wax, polish, or restorer, labeled to indicate that the purpose of the product is to maintain the appearance of, or otherwise care for, a water vessel.

109031.

(a) Commencing January 1, 2026, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale in commerce in this state a cleaning product containing any of the following:

(1) Intentionally added PFAS.

(2) PFAS in a product or ingredient at or above the following thresholds, as measured in total organic fluorine:

(A) Commencing January 1, 2026, 50 parts per million.

(B) Commencing January 1, 2027, 25 parts per million.

(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for 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.

(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.

(c) This section does not apply to treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers, which are listed as a Priority Product by the Department of Toxic Substances Control pursuant to subdivision (b) of Section 69511 of Title 22 of the California Code of Regulations.