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AB-1200 Plant-based food packaging: cookware: hazardous chemicals.(2021-2022)

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Date Published: 03/29/2021 09:00 PM
AB1200:v97#DOCUMENT

Amended  IN  Assembly  March 29, 2021
Amended  IN  Assembly  March 04, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1200

Introduced by Assembly Member Ting
(Principal coauthor: Assembly Member Friedman)

February 18, 2021

An act to add Chapter 15 (commencing with Section 109000) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 1200, as amended, Ting. Plant-based food packaging: cookware: hazardous chemicals.
Existing law prohibits the manufacture, sale, or distribution in commerce of any toy or child care article, as defined, that contains phthalates exceeding a specified percentage. Existing law prohibits the manufacture, sale, or distribution in commerce of any bottle or cup that contains bisphenol A, above a specified detectable level, 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 3 years of age or younger. Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any of several specified intentionally added ingredients, such as perfluoroalkyl and polyfluoroalkyl substances (PFAS), except under specified circumstances.
This bill would prohibit, beginning January 1, 2022, 2023, any person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined. The bill would require a manufacturer to use the least toxic alternative when replacing PFAS chemicals. The bill would define “food packaging,” in part, to mean a nondurable package, packaging component, or food service ware that is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
This bill would require, beginning January 1, 2022, 2024, a manufacturer, as defined, of cookware sold in the state that contains one or more intentionally added chemicals present on a designated list, as defined, to include a statement on the product label, as defined, in both English and Spanish, regarding the presence of those chemicals of concern in the cookware, as provided. The bill would require, beginning January 1, 2022, 2023, a manufacturer of this cookware to post on the internet website for the cookware a list of chemicals in the cookware that are present on the designated list, among other information. The bill would prohibit, beginning January 1, 2022, 2024, a manufacturer from making a claim, either on the cookware package or internet website for the cookware, that the cookware is free of any specific chemical if the chemical belongs to a chemical group or class identified on the designated list, unless no individual chemical from that chemical group or class is present in intentionally added to the cookware. The bill would prohibit a person from selling, offering for sale, or distributing in California a cookware product that does not comply with these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Chapter 15 (commencing with Section 109000) is added to Part 3 of Division 104 of the Health and Safety Code, to read:
CHAPTER  15. Chemicals of Concern in Food Packaging and Cookware
Article  1. Plant-Based Food Packaging Containing PFAS

109000.
 (a) For purposes of this article, the following terms have the following definitions:
(1) “Food packaging” means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuff, or beverages, and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. “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.
(2) “Intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS” means either of the following:
(A) The presence or use of PFAS in a product or product component that has a functional or technical effect in the product or product component.
(B) The presence of PFAS in a product or product component at or above 100 parts per million. million, as measured in total organic fluorine.
(3) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(b) Commencing on January 1, 2022, 2023, no person shall distribute, sell, or offer for sale in the state any food packaging that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS.
(c) A manufacturer shall use the least toxic alternative when replacing PFAS chemicals in products in accordance with this article.

Article  2. Chemical Disclosures for Cookware

109010.
 For purposes of this article, the following terms have the following definitions:
(a) “Cookware” means durable houseware items that are used in homes and restaurants to prepare, dispense, store, or serve food, foodstuff, or beverages. “Cookware” includes, but is not limited to, pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, kitchen tools, spoons, and spatulas.
(b) “Designated list” means the list of chemicals identified as candidate chemicals that exhibit a hazard trait or an environmental or toxicological endpoint that meets the criteria specified in regulations adopted by the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20, and is published on the Department of Toxic Substances Control’s internet website pursuant to those regulations.
(c) “Manufacturer” means either of the following:
(1) A person or entity who manufactures the cookware and whose name appears on the product label.
(2) A person or entity who the cookware is manufactured for or distributed by, identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.).
(d) “Product label” means a display of written, printed, or graphic material that appears on, or is affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a consumer, if the product has an exterior container or wrapper.

109011.
 (a) Commencing on January 1, 2022, 2024, a manufacturer of cookware sold in the state that contains one or more intentionally added chemicals present on the designated list shall include on the product label a statement, in both English and Spanish, that reads: “This product contains one or more chemicals of concern for human health or the environment as identified by the State of California. For more ingredient information, visit” followed by an both of the following:
(1) An address for an internet website that provides all of the information required by Section 109012 and a 109012.
(2) A toll-free telephone number for the manufacturer that a person can call to obtain all of the information required by Section 109012.
(b) A manufacturer shall ensure that the statement required on the product label by subdivision (a) is visible and legible to the consumer, including on the product listing for online sales.

109012.
 Commencing on January 1, 2022, 2023, a manufacturer of cookware sold in the state that contains one or more intentionally added chemicals present on the designated list shall post on the internet website for the cookware all of the following:
(a) A list of all chemicals in the cookware that are also present on the designated list.
(b) The names of the authoritative list or lists referenced by the Department of Toxic Substances Control in compiling the designated list on which each chemical in the cookware is present.
(c) A link to the internet website for the authoritative list or lists identified pursuant to subdivision (b).

109013.
 Commencing on January 1, 2022, 2024, a manufacturer shall not make a claim, either on the cookware package or on the internet website for the cookware, that the cookware is free of any specific chemical if the chemical belongs to a chemical group or class identified on the designated list, unless no individual chemical from that chemical group or class is present in intentionally added to the cookware.

109014.
 A person shall not sell, offer for sale, or distribute in the state a cookware product that does not comply with the requirements of this article.