Bill Text: CA SB730 | 2025-2026 | Regular Session | Amended
Bill Title: Product safety: consumer products: perfluoroalkyl and polyfluoroalkyl substances.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2026-02-02 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB730 Detail]
Download: California-2025-SB730-Amended.html
|
Amended
IN
Senate
March 26, 2025 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 730
| Introduced by Senator Hurtado |
February 21, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
SB 730, as amended, Hurtado.
Hazardous substances: prohibitions. Product safety: consumer products: perfluoroalkyl and polyfluoroalkyl substances.
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 artificial turf, carpets or rugs, cleaning products, cookware, dental floss, fabric treatments, or upholstered furniture that contain intentionally added PFAS, as defined. The bill would authorize the department to adopt regulations to designate additional consumer product categories to prohibit the distribution,
selling, or offering for sale of consumer products containing intentionally added PFAS within those consumer product categories if the department determines that safer alternatives, as defined, are readily available at comparable costs. The bill would prohibit the department from adopting a regulation that prohibits a consumer product containing intentionally added PFAS from distribution, sale, or offering for sale on or before 18 months after the regulation is adopted. The bill would define “product” for purposes of these provisions to not include, among other things, used products offered for sale, federally approved drugs or medical devices, or products containing fluoropolymers, as specified.
This bill would require these prohibitions on consumer 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.
The California Hazardous Substances Act prohibits the manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the introduction into this state from any other state, territory, or the District of Columbia, or from any foreign country, of any package of a misbranded hazardous substance or banned hazardous substance.
This bill would make a nonsubstantive change to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. There are estimated to be 14,000 PFAS chemicals, although not all PFAS chemicals are the same or require the same regulation.
(2) Certain PFAS chemicals, including PFOA, PFOS, PFNA, PFHxS, PFBS, and GenX have been found in drinking water, groundwater, and biosolids, presenting a major health concern that must be addressed, and phasing out nonessential uses of these chemicals used in consumer products must be an immediate legislative objective.
(3) Other PFAS chemicals, notably fluoropolymers unlike the PFAS chemicals of concern, are not soluble in water, are not bioavailable, and do not present toxicity concerns. Instead, fluoropolymers satisfy internationally recognized criteria for being “polymers of low concern.” Additionally, fluoropolymers possess a unique and unmatched combination of properties and performance, including heat resistance, chemical, mechanical, and extreme temperature resistance, and high insulation and durability properties, among others. Because of this, fluoropolymers are critical to
infrastructure, information technology, manufacturing, electronics, health care, renewable energy, and transportation.
(b) It is the intent of the Legislature to phase out the sale of consumer products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state while continuing to allow the distribution and use of products and product categories that contain fluoropolymers.
SEC. 2.
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 consumer product category listed in Section 109030.1.
(B) A consumer product category designated by the department pursuant to subdivision (a) of Section 109030.2.
(c) “Department” means the Department of Toxic Substances Control.
SEC. 3.
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 indicates otherwise:(a) “Artificial turf” means a man-made material that simulates the appearance of live turf, organic turf, grass, sod, or lawn.
(b) “Carpet or rug” means a fabric product marketed or intended for use as a floor covering in households or businesses.
(c) “Cleaning product” means a formulated product used primarily for domestic, commercial, or institutional cleaning purposes. “Cleaning product” does not include:
(1) Hydrofluoroolefins used as propellants in cleaning
products.
(2) Products intended for use in manufacturing or industrial operations.
(d) “Consumer product” means any product, or component part thereof, produced and distributed primarily for either of the following:
(1) For sale to a person for use in or around a permanent or temporary household, residence, or school, or in recreation.
(2) For personal use, consumption, or enjoyment in or around a permanent or temporary household, residence, or school, in recreation, or similar settings.
(e) “Cookware” means durable houseware items that are used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages with a food contact surface that contains PFAS. “Cookware”
includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils. “Cookware” does not include industrial food processing equipment, appliances, including ovens, ranges, and refrigerators, or products that do not include food contact surfaces containing PFAS.
(f) “Dental floss” means a string-like device made of cotton or other fibers intended to remove plaque and food particles from between the teeth to reduce tooth decay. The fibers of the device may be coated with wax for easier use.
(g) “Department” means the Department of Toxic Substances Control.
(h) “Fabric treatment” means a product applied to fabric to give the fabric one or more characteristics, including stain resistance and water resistance. “Fabric treatment” does not include hydrofluoroolefins used as propellants in
fabric treatments.
(i) “Intentionally added PFAS chemicals” means PFAS chemicals that a manufacturer has intentionally added to a product and that have a desired functional or technical effect in the final product. “Intentionally added PFAS chemicals” includes PFAS chemicals that are intentional breakdown products of an intentionally added chemical.
(j) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(k) “Person” means an individual, firm, corporation, association, or other entity doing business in California.
(l) “Product” means an item, including its components, sold, distributed, or offered for sale for personal, residential, or commercial
use. “Product” does not include any of the following:
(1) Drugs, medical devices, biologics, or diagnostics approved or authorized by the federal Food and Drug Administration or the United States Department of Agriculture, as well as packaging therefor.
(2) Pesticide products approved by the federal Environmental Protection Agency or the Department of Pesticide Regulation.
(3) Used products offered for sale or resale.
(4) Products made with or containing fluoropolymers, consisting of polymeric substances for which the backbone of the polymer is either a perfluorinated or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone that is a solid at standard temperature and pressure.
(m) “Safer alternative” means an alternative that, in comparison with another product made with PFAS, has a lower risk of adverse impacts to human health or the environment and performs at least as well as the product made with PFAS.
(n) “Upholstered furniture” means any article of furniture that is designed for sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling material.
109030.1.
On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state consumer products that contain intentionally added PFAS in any of the following consumer product categories:(a) Artificial turf.
(b) Carpets or rugs.
(c) Cleaning products.
(d) Cookware.
(e) Dental floss.
(f) Fabric treatments.
(g) Upholstered
furniture.
109030.2.
(a) The department may adopt regulations to designate a consumer product category to prohibit the distribution, sale, or offering for sale of a consumer product containing intentionally added PFAS within the consumer product category if the department determines that a safer alternative to the consumer product containing intentionally added PFAS is readily available at comparable cost.(b) The department shall not adopt a regulation that prohibits a consumer product containing intentionally added PFAS from distribution, sale, or offers to sell on or before 18 months after the regulation is adopted.
The manufacture, production, preparation, compounding, packing, offering for sale, selling, or keeping for sale within the State of California, or the introduction into this state from any other state, territory, or the District of Columbia, or from any foreign country, of any package of a misbranded hazardous substance or banned hazardous substance is prohibited.
