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AB-246 Product safety: menstrual products: perfluoroalkyl and polyfluoroalkyl substances.(2023-2024)

Senate
Assembly
1st
Cmt
2nd
3rd
Pass
1st
Cmt
2nd
Cmt
2nd
3rd
2nd
3rd
Pass
Pass
Veto
Senate
Assembly
1st
Cmt
2nd
3rd
Pass
1st
Cmt
2nd
Cmt
2nd
3rd
2nd
3rd
Pass
Pass
Veto

Bill Status
AB-246
Papan (A)
-
Aguiar-Curry (A) , Bauer-Kahan (A) , Blakespear (S) , Calderon (A) , Ortega (A) , Skinner (S) , Waldron (A)
Product safety: menstrual products: perfluoroalkyl and polyfluoroalkyl substances.
02/17/23
An act to add Chapter 14.5 (commencing with Section 108985) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.
Assembly
09/12/23
09/01/23

Type of Measure
Inactive Bill - Vetoed
Majority Vote Required
Non-Appropriation
Fiscal Committee
Non-State-Mandated Local Program
Non-Urgency
Non-Tax levy
Last 5 History Actions
Date Action
02/01/24 Consideration of Governor's veto stricken from file.
01/03/24 Consideration of Governor's veto pending.
10/08/23 Vetoed by Governor.
09/15/23 Enrolled and presented to the Governor at 4 p.m.
09/11/23 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 0. Page 3173.).
Governor's Message
To the Members of the California State Assembly:

I am returning Assembly Bill 246 without my signature.

This bill would prohibit, by 2025, the manufacture, distribution, or sale of menstrual products that contain intentionally added perfluoroalkyl or polyfluoroalkyl substances (PFAS) at a certain concentration level, as well as limit, by 2027, the concentration of total organic fluorine in menstrual products.

This is one of three single-product chemical bans passed by the Legislature this year that attempt to address serious concerns with the presence of PFAS in consumer products. These bills do not identify or require any regulatory agency to determine compliance with, or enforce, the proposed statute.

While I strongly support the author's intent and have signed similar legislation in the past, I am concerned that this bill falls short of providing enhanced protection to California consumers due to lack of regulatory oversight. Previously enacted single-product chemical bans, which also lack oversight, are proving challenging to implement, with inconsistent interpretations and confusion among manufacturers about how to comply with the restrictions.

In order to instill consumer confidence and effectively address public health and environmental concerns, I am directing the Department of Toxic Substances Control to engage with the author and the Legislature and consider alternative approaches to regulating the use of these harmful chemicals in consumer products.

For these reasons, I cannot sign this bill.

Sincerely,


Gavin Newsom