SB 1266: Product safety: bisphenol.

Existing law, part of the hazardous waste control law, requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. Existing law prohibits the manufacture, sale, or distribution in commerce of any bottle or cup that contains bisphenol A, as specified, if the bottle or cup is designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption by children 3 years of age or younger. The prohibition above does not apply to a product subject to a regulatory response by the department as of the date that the department posts a prescribed notice regarding the departments adoption of the regulatory response. Existing law additionally requires manufacturers to use the least toxic alternative when replacing bisphenol A in containers and prohibits manufacturers from replacing bisphenol A with chemicals known to cause cancer or reproductive harm, as specified.

This bill would, on and after January 1, 2026, instead apply the above prohibitions and requirements to any juveniles feeding product or juveniles sucking or teething product, as defined, that contains any form of bisphenol, as defined, at a detectable level above the practical quantitation limit, as determined by the department. The bill would authorize the department to establish standards for the juveniles products above that are more protective of public health, sensitive populations, or the environment than the standards established by the bill, and would authorize the department or the Attorney General to enforce the prohibitions and requirements, as specified. The bill would additionally prohibit manufacturers from replacing any form of bisphenol with any chemical identified by the department as a Candidate Chemical, as specified.