AB 1109: Product sales: sodium nitrite.

Existing law prohibits the sale and distribution of certain consumer products that include chemicals such as phthalates, polybrominated diphenyl ether, and perfluoroalkyl and polyfluoroalkyl substances. Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others. Existing law, the California Age-Appropriate Design Code Act, requires, beginning July 1, 2024, a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements.

On or after July 1, 2024, this bill, to be known as Tylers Law, would prohibit a person, retailer, or online marketplace from selling sodium nitrite to a person under 18 years of age and sodium nitrite in concentrations greater than 10% to a person 18 years of age or older. The bill would establish a defense to the former prohibition if the purchaser acknowledged before purchase they were at least 18 years of age through an effective system, as specified, and the person, retailer, or online marketplace took all reasonable precautions and exercised due diligence to ensure the product would be sold and delivered to a person at least 18 years of age, or the purchaser acknowledged before purchase they were at least 18 years of age and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act. The bill would exclude from these provisions the sale of sodium nitrite to a business.