Bill Text: CA AB958 | 2017-2018 | Regular Session | Amended

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

---

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

---

Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 958

---

Introduced by Assembly Member Ting

February 16, 2017

---

An act to amend Section 110380 of add Article 16.5 (commencing with Section 25258.5) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to public health. hazardous materials.

LEGISLATIVE COUNSEL'S DIGEST

AB 958, as amended, Ting. Fair packaging and labeling. Hazardous materials: fluorinated chemicals: take-out food service ware and packaging.

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 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. A violation of the hazardous waste control laws is a crime.

This bill would prohibit a food provider from serving, selling, offering for sale, or offering for promotional purposes prepared food or fast food in, on, or with take-out food service ware or packaging that contains a fluorinated chemical, as defined. Because the bill would create a new crime, it 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.

The Sherman Food, Drug, and Cosmetic Law, among other things, generally regulates the packaging and labeling of a food, drug, device, or cosmetic. The law provides that specific federal regulations relating to packaging and labeling are the regulations of this state and authorizes the State Department of Public Health to promulgate additional regulations, except as prohibited.

This bill would make technical, nonsubstantive changes to the cross-references to the adopted federal regulations.

Digest Key

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

---

Bill Text

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

SECTION 1.

 Article 16.5 (commencing with Section 25258.5) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

Article  16.5. Fluorinated Chemicals in Food Service Ware or Packaging

25258.5.

 (a) For purposes of this article, “fluorinated chemical” means an organic or inorganic substance that contains at least one fluorine atom, including, but not limited to, a perfluorinated or polyfluorinated alkyl substance, fluorinated polymer, or fluorotelomer-based chemical.

(b) A food provider shall not serve, sell, offer for sale, or offer for promotional purposes prepared food or fast food in, on, or with take-out food service ware or packaging that contains a fluorinated chemical.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SECTION 1.Section 110380 of the Health and Safety Code is amended to read:

110380.

All regulations and their amendments pertaining to foods, drugs, devices, and cosmetics that are in effect on the effective date of this part, or that are adopted on or after that date, pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.) shall be the regulations of this state. The department may, when necessary, prescribe any packaging and labeling regulation for foods, drugs, devices, and cosmetics whether or not the regulation is in accordance with regulations adopted under the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.). No regulations shall be adopted that are contrary to the labeling requirements for the net quantity of contents required pursuant to Section 4 of the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.) and the regulations adopted pursuant to that section.