Bill Text: CA SB682 | 2025-2026 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Vetoed) 2026-03-02 - Veto sustained. [SB682 Detail]
Download: California-2025-SB682-Introduced.html
Bill Title: Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Vetoed) 2026-03-02 - Veto sustained. [SB682 Detail]
Download: California-2025-SB682-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 682
| Introduced by Senator Allen |
February 21, 2025 |
An act to amend Sections 25252 and 108076 of, and to add Chapter 17.5 (commencing with Section 109030) to Part 3 of Division 104 of, the Health and Safety Code, relating to product safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 682, as introduced, Allen.
Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.
(1) Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on
third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, beginning January 1, 2027, prohibit a person from distributing, selling, or offering for sale a covered product that contain intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would define “covered product” to include cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax, as specified.
This bill would, beginning
January 1, 2040, prohibit a person from distributing, selling, or offering for sale certain products that contains intentionally added PFAS, including, but not limited to, refrigerants, solvents, propellants, and clean fire suppressants, as specified, unless the department has made a determination that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used.
This bill would also, beginning January 1, 2033, prohibit a person from distributing, selling, or offering for sale any other product, as defined, that contains intentionally added PFAS unless the department has made a determination that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use, for renewing
that determination, and for revoking that determination. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition.
This bill would require the department, on or before January 1, 2027, to adopt regulations to carry out these provisions. The bill would require the regulations to establish and provide for the assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the account, upon appropriation by the Legislature, to be used to cover the department’s reasonable costs of administering this act.
This bill would require these prohibitions on covered products and products to be enforced by the department pursuant to the existing authority
described above, including, but not limited to, the authority relating to registration, product testing, and administrative penalties.
(2) Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.
This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1).
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States’ tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b) PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including
for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c) Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d) PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an
immediate legislative objective.
(e) The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f) As the European Union notes in its “Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals,” the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.
Section 25252 of the Health and Safety Code is amended to read:25252.
(a) On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations:(1) The
volume of the chemical in commerce in this state.
(2) The potential for exposure to the chemical in a consumer product.
(3) Potential effects on sensitive subpopulations, including infants and children.
(b) (1) In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256.
(2) In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical
prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the state’s economy.
(3) Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2).
(c) The Safer Consumer Products Regulations (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations), adopted pursuant to this section, may, but is not required to, evaluate uses of perfluoroalkyl and polyfluoroalkyl substances, as defined in Section 109030, in products that are covered by Chapter 17.5 (commencing with Section 109030) of Part 3 of Division 104.
SEC. 3.
Section 108076 of the Health and Safety Code is amended to read: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) Article 1 (commencing with Section 109000) of Chapter 15.
(4) Chapter 17.5 (commencing with Section 109030).
(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) Food packaging, as defined in Section 109000.
(4) (A) A covered product, as defined in Section 109030.
(B) A product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (b) of Section 109030.1.
(c) “Department” means the Department of Toxic Substances Control.
SEC. 4.
Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:CHAPTER 17.5. Perfluoroalkyl and Polyfluoroalkyl Substances
109030.
For purposes of this chapter, the following definitions apply unless the context otherwise indicates:(a) “Cleaning product” has the same meaning as “designated product” in Section 108952.
(b) “Component” means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(c) “Cookware” has the same meaning as in Section 109010.
(d) “Covered product” means all of the following product categories:
(1) Cleaning products.
(2) Cookware.
(3) Dental floss.
(4) Juvenile products.
(5) Food packaging.
(6) Ski wax.
(e) “Currently unavoidable use” means a use of PFAS that the department has determined is permissible for a limited time pursuant to subdivision (a) of Section 109030.2.
(f) “Department” means the Department of Toxic Substances Control.
(g) (1) “Food packaging” means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage,
and includes, but is not limited to, all of the following:
(A) A unit package, an intermediate package, or a shipping container.
(B) Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C) An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closures, inks, or labels.
(2) “Food packaging” does not include a product that meets the definition of “food packaging” in Section 109000.
(h) “Intentionally added PFAS” means either of the
following:
(1) PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional products of an added chemical or process.
(2) PFAS intentionally used or produced during a product’s manufacture or processing that is introduced into or onto the product, whether or not it confers a functional or technical effect in the product. This includes any source of PFAS that is reasonably known to be present, including the use of processing agents, mold release agents, or fluorination, but does not include contaminated natural resources, such as water.
(i) (1) “Juvenile product” means a product designed for use by infants and children under 12 years of age.
(2) “Juvenile product” does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(j) (1) Subject to paragraphs (2) and (3), “manufacturer” means either of the following:
(A) A person that manufactures the product and whose name appears on the product label.
(B) A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2) In the case of a product imported into the United States, “manufacturer” includes the importer or first domestic
distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3) “Manufacturer” does not include trade associations or similar entities.
(4) For purposes of this chapter, a product may have more than one manufacturer.
(k) “Necessary for the product to work” means required for the product to perform its primary function, as determined by the department.
(l) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(m) “Person” means an individual, firm, corporation, association, or other entity doing
business in California.
(n) (1) “Product” means a “consumer product” as defined in Section 25251.
(2) “Product” does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(o) “Product category” means a group of similar products that are used for a similar purpose and that could functionally replace each other for that purpose, as determined by the department, and does not mean variations within a product that do not affect the product’s primary function. For example, pants, insulation, and cookware are each a product category whereas stain-resistant pants, spray insulation, and nonstick cookware are variations of products within those product categories.
(p) “Reliable
information” means a study or evaluation that meets both the following:
(1) The study or evaluation design was appropriate to the hypothesis being tested, and sufficient to support the proposition for which the study or evaluation is presented to the department.
(2) The study or evaluation was published in one of the following:
(A) A scientifically peer-reviewed report or other literature.
(B) A report of the United States National Academies.
(C) A report by an international, federal, state, or local agency that implements laws governing chemicals.
(q) “Safer alternative” means an alternative that, in comparison with another
product or product manufacturing process, has reduced adverse impacts or potential exposures to humans and the environment associated with PFAS. Alternatives include materials, processes, designs, products, or chemicals that are sufficient for achieving the desired result. For example, a safer alternative to stain-resistant sprays for avoiding stains could be the use of detergents or the use of fibers that are inherently stain resistant.
(r) “Ski wax” means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.1.
(a) On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state a covered product that contains intentionally added PFAS.(b) (1) Except as provided in subdivisions (a), (c), (d), and (e), beginning January 1, 2033, a person shall not distribute, sell, or offer for sale in this state a product that contains intentionally added PFAS.
(2) The department may establish by regulation an effective date for the prohibition of PFAS in a product or product category that is before January 1, 2033, if it is feasible to do so. The department shall consider public petitions that request an earlier effective date for a product
category. Feasibility shall be deemed to exist if any of the following conditions is met:
(A) The department finds any of the following:
(i) There are safer alternatives to the use of PFAS in the product or product category that are reasonably available.
(ii) The function provided by PFAS in the product is not necessary for the product or product category to work.
(iii) The use of PFAS in the product or product category is not critical for the health, the safety, or the functioning of society.
(B) If the findings of all or part of an applicable publicly available study or evaluation of alternatives shows the viability of safer alternatives to PFAS in the product or product category. The
department shall only rely on a study or evaluation that is reliable information.
(C) If the product or product category is prohibited from being sold, used, or distributed, as of the date of the feasibility analysis, in another state or states within the United States, or in another country, because it contains PFAS.
(c) On and after January 1, 2040, a person shall not distribute, sell, or offer for sale in this state any of the following products that contain intentionally added PFAS:
(1) Textiles used for personal protective equipment, as defined in Section 108970.
(2) Textiles used for noise and vibration insulation in engine bays in the automotive industry.
(3) Refrigerants used in
any of the following applications:
(A) Temperature refrigeration below minus 50 degrees Celsius.
(B) Laboratory test and measurement equipment.
(C) A refrigerated centrifuge.
(4) Solvents used for any of the following applications:
(A) An industrial precision cleaning fluid.
(B) A cleaning fluid for use in an oxygen-enriched environment.
(C) An industrial or professional use of a solvent-based debinding system in 3D printing.
(D) An industrial or professional use of a smoothing agent for polymer
3D printing application.
(5) A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.
(6) A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health.
(7) A fluorinated gas used for the preservation of a cultural paper-based material.
(8) A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods.
(9) An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace
industry.
(10) A product used in the semiconductor manufacturing process.
(11) A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment.
(12) A fluoropolymer product used in petroleum production and mining.
(13) Fluorinated gases used for the maintenance and refilling of installed equipment for heating, venting, and air conditioning products.
(d) A prohibition described in subdivision (a), (b), or (c) shall not apply to either of the following:
(1) A covered product, product, or product category for which federal law governs the presence of PFAS in the product
in a manner that preempts state authority.
(2) A previously used covered product or product.
(e) A prohibition described in subdivisions (b) and (c) shall not apply to a product or product category for which there is an applicable determination of currently unavoidable use identified on the department’s internet website pursuant to subdivision (g) of Section 109030.2.
109030.2.
(a) Upon a petition from the manufacturer of a product or an association or group of manufacturers of a product or product category, the department shall review and determine whether the use of PFAS in the product category to which the product belongs is a currently unavoidable use. In making that determination, the department shall use the broadest reasonable product category when selecting the product category to which the product belongs, and shall rely on analysis and findings from a prior determination for a product category, if a prior determination exists. The department may identify exclusions from a product category. Exclusions shall be construed as narrowly as possible. The department shall find that the use of PFAS in the product category or for an exclusion is a currently unavoidable use only if it finds all the following:(1) There are no safer alternatives to PFAS that are reasonably available.
(2) The function provided by PFAS in the product is necessary for the product to work.
(3) The use of PFAS in the product is critical for health, safety, or the functioning of society.
(b) The manufacturer, association, or group, in its petition, shall provide all of the following:
(1) Evidence that demonstrates the criteria in paragraphs (1) to (3), inclusive, of subdivision (a) are met.
(2) Any additional information requested by the department to assist in making the determination.
(3) Any other information that the manufacturer believes is relevant, with an explanation of the relevance.
(4) The applicable application fee established pursuant to Section 109030.3.
(c) When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall do all of the following:
(1) Consider the information provided pursuant to subdivision (b), including relevance and significance for the product category.
(2) Consider available reliable information.
(3) Consider bans on the sale or use of PFAS in the product or product category in another state, the United States, or other
countries. If the product or product category is prohibited from being sold, used, or distributed in a relevant jurisdiction, as of the date of its unavoidable-use analysis, because it contains PFAS, then that prohibition demonstrates that the use of PFAS is not a currently unavoidable use.
(4) Provide an opportunity for public comment.
(d) When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall make a determination without evaluating all the criteria pursuant to subdivision (b) if the determination can be made based on fewer criteria.
(e) (1) Upon finding that the use of PFAS in a product category is a currently unavoidable use, the department shall issue a determination of currently unavoidable use.
(2) (A) A determination of currently unavoidable use shall expire five years after its issuance, unless otherwise provided by the department pursuant to subparagraph (B).
(B) The department may approve an extension of up to three years to aid administrative needs. A subsequent renewal request shall be made within five years of a determination on the prior request for renewal.
(3) The department may review a determination of currently unavoidable use before its expiration and may revoke the determination if there is a significant change in the information supporting the determination.
(4) The department shall consider public petitions requesting a review of a determination of currently unavoidable use based on a significant change of
information.
(f) A manufacturer, association, or group may submit a petition to renew a determination of currently unavoidable use no later than six months before its expiration. The petition for renewal shall comply with subdivision (b) and also provide evidence of significant efforts to develop a safer alternative to the continued use of PFAS in the product or product category, including, but not limited to, published peer-reviewed papers and funding of third-party research with no financial conflict of interest. In reviewing a petition to renew, the department shall comply with subdivisions (a), (c), (d), and (g).
(g) The department shall maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition specified in subdivision (b) of Section 109030.1.
(h) A manufacturer, association, or group subject to the prohibition in paragraph (1) of subdivision (b) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2028, and the department shall make a final determination on petitions on or before January 1, 2032. Before January 1, 2028, a petitioner may supplement its petition once with relevant new information.
(i) A manufacturer, association, or group for products subject to the prohibition in subdivision (c) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2035, and the department shall make a final determination on petitions for unavoidable use determination before January 1, 2038. Before January 1, 2035, a petitioner may supplement its petition once with relevant new information.
