42090.
(a) This chapter shall be known, and may be cited, as the Reducing Toxics in Packaging Act.(b) For purposes of this chapter, the following definitions apply:
(1) “Intentionally added PFAS” means either of the following:
(A) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.
(B) PFAS chemicals that are intentional breakdown products of an added chemical.
(2) “Packaging” has the same meaning as in Section 42041.
(3) “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(c) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state plastic packaging that contains any of the following:
(1) Intentionally added PFAS.
(2) Polyvinyl chloride (PVC).
(d) Notwithstanding any other law, the prohibition in subdivision (c) does not apply to any of the following:
(1) Packaging used for any of the following products:
(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).
(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.
(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(3) Blister packaging used for drugs as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)).
(e) This chapter does not impose any requirement in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.).