California Strengthens PFAS Laws Covering Juvenile Products, etc.
On 29 September 2024, the California Governor signed into law AB 347 “Household product safety: toxic substances: testing and enforcement”, adding comprehensive registration, certification, and enforcement provisions to its existing law to restrict the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the following products:
l Juvenile products
l Textile articles
l Food packaging
The law appoints California’s Department of Toxic Substances (DTSC) as the leading agency for the enforcement of California’s PFAS restrictions for covered products.
Registration and Certification
The bill will require manufacturers of these products (see deadline below):
l To register with DTSC.
l To pay a registration fee to the DTSC.
l To provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the DTSC, as specified.
Testing and Penalty
The bill will authorize DTSC:
l To test products and rely on third-party testing to determine compliance.
l To issue a notice of violation for a product in violation of the prohibitions on the use of PFAS.
l To assess an administrative penalty for a violation of these prohibitions.
l To seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
Effective Date
|
Deadline |
Action Plan |
|
01 January 2029 |
DTSC to adopt regulations for the enforcement of those prohibitions on the use of PFAS |
|
01 July 2029 |
Manufacturers to register, pay registration fee, and to provide a statement of compliance |
|
01 July 2030 |
DTSC to ensure compliance with those provisions and regulations, as provided |
|
01 July 2033 |
DTSC to submit a report to the Legislature regarding its compliance and enforcement activities |
References
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB347
