Bill Text: CA AB958 | 2017-2018 | Regular Session | Amended
Bill Title: Product safety: perfluoroalkyl and polyfluoroalkyl substances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2018-08-21 - Ordered to inactive file at the request of Senator Pan. [AB958 Detail]
Download: California-2017-AB958-Amended.html
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Amended
IN
Senate
May 31, 2018 |
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Amended
IN
Senate
July 17, 2017 |
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Amended
IN
Senate
June 21, 2017 |
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Amended
IN
Assembly
April 20, 2017 |
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Amended
IN
Assembly
March 21, 2017 |
| Assembly Bill | No. 958 |
| Introduced by Assembly (Coauthor: Assembly Member Gonzalez Fletcher) |
February 16, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous materials and hazardous waste. Existing law, known as the Green Chemistry program, requires the department to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being chemicals of concern, and to adopt regulations that establish a process for evaluating chemicals of concern in consumer products, and their potential alternatives, to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern, as specified. Existing law requires the regulations adopted to specify the range of regulatory responses that the department may take following the completion of the alternatives analysis. Under its regulatory authority, the
department has adopted the 2015–17 Priority Product Work Plan, which describes categories from which the department will select priority products for which safer alternatives are to be evaluated.
The bill would require the department to include in the 2018–20 Priority Product Work Plan, and subsequent work plans, as necessary, food packaging containing perfluoroalkyl or polyfluoroalkyl
substances. The bill would require the department, on or before January 1, 2020, to begin the adoption of Green Chemistry regulations for that food packaging, unless the department, on or before January 1, 2019, makes a finding that sufficient data is not available to conduct and complete the priority product evaluation and regulatory process for that food packaging. If the department makes that finding, the bill would require the department to, among other things, pursue the data necessary to conduct and complete that evaluation and regulatory process and to begin the adoption of Green Chemistry regulations for that food packaging within one year of collecting sufficient
data to conduct and complete the evaluation and regulatory process.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 14 (commencing with Section 108970) is added to Part 3 of Division 104 of the Health and Safety Code, to read:CHAPTER 14. Perfluoroalkyl and Polyfluoroalkyl Substances
108970.
(a) A manufacturer of food packaging or cookware sold in the state shall include the following statement on the exterior of any food packaging or cookware packaging if the food packaging or cookware contains perfluoroalkyl and polyfluoroalkyl substances (PFAS):“Food packaging” means a package or packaging component that is intended for food contact or for storing food or foodstuff that is for sale, and that is intended to market, protect, contain, or be used to handle that food or foodstuff.
(a)The department shall include in the 2018–20 Priority Product Work Plan, and subsequent work plans, as necessary, food
packaging containing perfluoroalkyl or polyfluoroalkyl substances.
(b)(1)On or before January 1, 2019, the department shall identify food
packaging containing perfluoroalkyl or polyfluoroalkyl substances as draft priority products and, on or before January 1, 2020, shall begin the adoption of regulations in accordance with Article 14 (commencing with Section 25251), for the identified food packaging, unless paragraph (2) applies.
(2)If, on or before January 1, 2019, the department makes a finding that sufficient data is not available to conduct and complete the priority product evaluation and regulatory process
for food packaging containing perfluoroalkyl or polyfluoroalkyl substances, the department shall do all of the following:
(A)Maintain food packaging containing perfluoroalkyl or polyfluoroalkyl substances in the 2018–20 Priority Product Work Plan and subsequent work plans.
(B)Post the finding and the department’s justification for the finding on the department’s Internet Web site.
(C)Pursue the data necessary to conduct and complete the priority product evaluation and regulatory process for food packaging containing perfluoroalkyl or polyfluoroalkyl substances.
(D)Complete the requirements specified in paragraph (1) within one year of collecting sufficient data to conduct and complete the priority product evaluation and regulatory process for food packaging containing perfluoroalkyl or polyfluoroalkyl substances.
(c)If the department determines that available data and information do not support the listing of food packaging containing perfluoroalkyl or polyfluoroalkyl substances as a priority product consistent with Article 3 (commencing with Section 69503) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulations, the department shall issue a finding documenting that determination.
