AB 958: Product safety: perfluoroalkyl and polyfluoroalkyl substances.

Session Year: 2017-2018
House: Assembly

Version:

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 201517 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 201820 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.

Discussed in Hearing