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AB-958 Product safety: perfluoroalkyl and polyfluoroalkyl substances.(2017-2018)

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Date Published: 05/31/2018 09:00 PM
AB958:v94#DOCUMENT

Amended  IN  Senate  May 31, 2018
Amended  IN  Senate  July 17, 2017
Amended  IN  Senate  June 21, 2017
Amended  IN  Assembly  April 20, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 958


Introduced by Assembly Members Ting and Quirk Member Ting
(Coauthor: Assembly Member Gonzalez Fletcher)

February 16, 2017


An act to add Article 15 (commencing with Section 25257.5) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous materials. Chapter 14 (commencing with Section 108970) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 958, as amended, Ting. Hazardous materials: Product safety: perfluoroalkyl and polyfluoroalkyl substances.
Existing law regulates the existence of, and disclosure of, specified chemicals and components in consumer products, including phthalates and bisphenol A.
This bill would require a manufacturer of food packaging or cookware, as defined, that is sold in the state to visibly disclose on an exterior location of the food packaging or cookware packaging a specified statement relating to the presence of perfluoroalkyl and polyfluoroalkyl substances (PFAS).

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.

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

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):
“Contains perfluoroalkyl and polyfluoroalkyl substances (PFAS), synthetic chemicals known, or strongly suspected, by the State of California to have adverse impacts on human health or development.”
(b) The statement specified in subdivision (a) shall be printed in 12-point type and placed on an exterior location of the food packaging or cookware packaging that is visible to a consumer. If the food packaging is comprised of multiple parts or components, each part or component of the food packaging that contains PFAS shall include the statement specified in subdivision (a) in a manner consistent with this subdivision.
(c) As used in this chapter, “perfluoroalkyl and polyfluoroalkyl substances” (PFAS) means man-made chemicals with at least one fully fluorinated carbon atom. All carbons in perfluoroalkyl substances are fully fluorinated, and polyfluoroalkyl substances may contain a mix of fully fluorinated, partially fluorinated, and nonfluorinated carbon atoms.
(1) A fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.
(2) A partially fluorinated carbon atom means a carbon atom on which some of the hydrogen substituents have been replaced by fluorine.
(3) A nonfluorinated carbon atom is an atom on which no hydrogen substituents have been replaced by fluorine.
(d) As used in this chapter, “food packaging” means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, food stuff, or beverages. “Food packaging” includes, but is not limited to, food or beverage containers, take out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, food boxes, and disposable plates, bowls, or trays.
(e) As used in this chapter, “cookware” means durable houseware items used in homes and restaurants to prepare, dispense, store, or serve food, food stuff, or beverages. “Cookware” includes, but is not limited to, pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, kitchen tools, spoons, and spatulas.

SECTION 1.Article 15 (commencing with Section 25257.5) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
15.Perfluoroalkyl and Polyfluoroalkyl Substances
25257.5.

“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.

25257.6.

(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.