Bill Text: CA SB1266 | 2023-2024 | Regular Session | Introduced

California Senate Bill 1266

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

Bill Title: Product safety: bisphenol.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-27 - Chaptered by Secretary of State. Chapter 790, Statutes of 2024. [SB1266 Detail]

Download: California-2023-SB1266-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1266

Introduced by Senator Limón

February 15, 2024

An act to amend Sections 108940 and 108941 of, and to add Section 108942 to, the Health and Safety Code, relating to product safety.

LEGISLATIVE COUNSEL'S DIGEST

SB 1266, as introduced, Limón. Product safety: perfluoroalkyl and polyfluoroalkyl substances.

Existing law, part of the hazardous waste control law, requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. Existing law prohibits the manufacture, sale, or distribution in commerce of any bottle or cup that contains bisphenol A, as specified, if the bottle or cup is designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption by children 3 years of age or younger. The prohibition above does not apply to a product subject to a regulatory response by the department as of the date that the department posts a prescribed notice regarding the department’s adoption of the regulatory response. Existing law additionally requires manufacturers to use the least toxic alternative when replacing bisphenol A in containers, as specified.

This bill would apply the above prohibitions and requirements to all forms of bisphenol and to perfluoroalkyl and polyfluoroalkyl substances, as defined, unless they are temporarily essential chemicals, as defined. The bill would authorize the department to establish standards for the children’s products above that are more protective of public health, sensitive populations, or the environment than the standards established by the bill.

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

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

SECTION 1.

Section 108940 of the Health and Safety Code is amended to read:

108940.

(a) On and after ~~July 1, 2013,~~ January 1, 2025, no person shall manufacture, sell, or distribute in commerce any bottle or cup that contains bisphenol A, at a detectable level above 0.1 parts per billion (ppb), if the bottle or cup is designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption from that bottle or cup by children three years of age or younger. children’s feeding product or children’s sucking or teething product that contains any form of bisphenol or perfluoroalkyl or polyfluoroalkyl substances unless the bisphenol or perfluoroalkyl or polyfluoroalkyl substance is a temporarily essential chemical.

(b) Subdivision (a) shall not apply to medical devices, as defined in Section 109920, or to food and beverage containers designed or intended primarily to contain liquid, food, or beverages for consumption by the general population.

(c) The Department of Toxic Substances Control may establish standards for any children’s feeding product or children’s sucking or teething product that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (a).
~~(c)~~

(d) Notwithstanding subdivision (a), if the Department of Toxic Substances Control adopts a regulatory response described in Section 25253 regarding the use of ~~bisphenol A~~ any form of bisphenol or perfluoroalkyl or polyfluoroalkyl substances in a product that is prohibited by this section, the prohibition of this section shall not apply to that product upon the date that the department posts a notice on its ~~Internet Web site~~ internet website that it has adopted the response.

~~(d)~~

(e) Notwithstanding subdivisions (b) and (c) of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the Department of Toxic Substances Control to prioritize or take action on any products containing ~~bisphenol A~~ any form of bisphenol or perfluoroalkyl or polyfluoroalkyl substances in order to limit exposure to or reduce the level of hazard posed by ~~bisphenol A.~~ any form of bisphenol or perfluoroalkyl or polyfluoroalkyl substances.

SEC. 2.

Section 108941 of the Health and Safety Code is amended to read:

108941.

(a) Manufacturers shall use the least toxic alternative when replacing ~~bisphenol A~~ any form of bisphenol or perfluoroalkyl or polyfluoroalkyl substances in containers in accordance with this chapter.

(b) Manufacturers shall not replace ~~bisphenol A,~~ any form of bisphenol or perfluoroalkyl or polyfluoroalkyl substances pursuant to this ~~chapter,~~ chapter with chemicals classified by the United States Environmental Protection Agency as carcinogenic to humans, likely to be carcinogenic to humans, or for which there is suggestive evidence of carcinogenic potential, or identified by the state to cause cancer as listed in the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) list of chemicals known to cause cancer or reproductive toxicity.

(c) Manufacturers shall not replace ~~bisphenol A,~~ any form of bisphenol or perfluoroalkyl or polyfluoroalkyl substances pursuant to this ~~chapter,~~ chapter with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency or listed in the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) list of chemicals known to cause cancer or reproductive toxicity.

SEC. 3.

Section 108942 is added to the Health and Safety Code, to read:

108942.

For purposes of this chapter, the following terms have the following meanings:

(a) “Child” or “children” means an individual or individuals younger than 12 years of age.

(b) “Children’s feeding product” means any consumer product, marketed for use by, marketed to, sold, offered for sale, or distributed to children in the State of California that is designed or intended by the manufacturer to be filled with any liquid, food, or beverage intended primarily for consumption from that bottle or cup by children.

(c) “Children’s sucking or teething product” means any consumer product, marketed for use by, marketed to, sold, offered for sale, or distributed to children in the State of California that is designed or intended by the manufacturer to help a child with sucking or teething in order to facilitate sleep or relaxation.

(d) “Perfluoroalkyl or polyfluoroalkyl substances” means substances that are members of a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom.

(e) “Temporarily essential chemical” means a chemical for which all of the following are true:

(1) There are no safer alternatives to the chemical available.

(2) The chemical is necessary for the product to work as intended.

(3) The chemical is being used in a product that is critical for the health, safety, or function of society.