AB 347: Household product safety: toxic substances: testing and enforcement.

(1)Existing law prohibits juvenile products, textile articles, and food packaging that contain specified levels of perfluoroalkyl and polyfluoroalkyl substances (PFAS) from being distributed, sold, or offered for sale in the state, as provided.

This bill would require the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations for the enforcement of those prohibitions on the use of PFAS, and, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. The bill would require manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. The bill would authorize the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. The bill would require the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. The bill would authorize the department to assess an administrative penalty for a violation of these prohibitions and would authorize the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified. The bill would require the department, on or before July 1, 2033, to submit a report to the Legislature regarding its compliance and enforcement activities performed pursuant to these provisions, as specified.

The bill would require the department to deposit the registration fees and administrative penalties into the PFAS Enforcement Fund, which the bill would create in the State Treasury, to be used to implement these provisions, upon appropriation by the Legislature.

(2)For purposes of restricting the use of PFAS, existing law defines juvenile product to mean a product designed for use by infants and children under 12 years of age, including, but not limited to, specified products.

This bill would limit the definition of this term to the list of specified products.