AB 1604: Product safety: proofs of purchase: intentionally added bisphenols.

Existing law prohibits a person from manufacturing, selling, or distributing in commerce 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 of Toxic Substances Control, except as provided.

This bill would prohibit, on and after January 1, 2028, a person from manufacturing, distributing, or offering for sale a paper proof of purchase containing intentionally added bisphenol A, as defined, and, on and after January 1, 2029, containing any intentionally added bisphenols, as defined. The bill would require a manufacturer to use the least toxic alternative when replacing any form of bisphenol in a paper proof of purchase product. The bill would also prohibit a manufacturer from replacing any form of bisphenol pursuant to these provisions with a chemical known to cause cancer or reproductive or developmental harm, as specified.

This bill would authorize the department to enforce a violation of those provisions by considering, on a case-by-case basis, the enforcement mechanism and an administrative penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for each subsequent violation. The bill would require all penalties collected pursuant to this bill to be deposited into the Toxic Substances Control Account, to be available for expenditure by the department upon appropriation by the Legislature, as specified. The bill would require the department to post any substantiated violation or final enforcement action of these provisions on the departments internet website.