(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, 2026, to adopt regulations for the enforcement of those prohibitions on the use of PFAS. The bill would require manufacturers of these products, on or before July 1, 2026, 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 authorize or require, as specified, 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 fine for a violation of these prohibitions and to require compliance with these prohibitions, as specified. The bill would require the department, on or before July 1, 2030, 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 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. The bill would require the department to deposit the administrative fines into the PFAS Fine Account, which the bill would create in the PFAS Enforcement Fund, 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.
(3) Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offering for sale of adulterated foods, beverages, or cosmetics. Existing law prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, under customary or usual conditions. The Sherman Food, Drug, and Cosmetic Law makes it unlawful, among other things, for any person to manufacture, sell, deliver, hold, or offer for sale any cosmetic that is adulterated.
This bill would prescribe that a cosmetic is adulterated if it contains intentionally added PFAS, as defined. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB347: 25244.18 HSC
01/31/23 - Introduced: 25244.18 HSC
03/30/23 - Amended Assembly: 25244.18 HSC
06/05/24 - Amended Senate: 108945 HSC
06/20/24 - Amended Senate: 108945 HSC
07/03/24 - Amended Senate: 108945 HSC
AB 347: 25244.18 HSC