U.S. California AB 347 Regulation of PFAS in Consumer Products

Vol. 1444 | 10 Dec 2024

California's AB 347 Regulates PFAS in Consumer Products

Assembly Bill No. 347 (AB 347) is a California state law that aims to regulate Perfluoroalkyl and Polyfluoroalkyl substances (PFAS) in consumer products. The bill was approved by the Governor Gavin Newsom on September 29, 2024.

Key Provisions:

• Manufacturer Registration: By July 1, 2029, manufacturers of covered products (juvenile products, textile articles, and food packaging) must register with the Department of Toxic Substances Control (DTSC) and pay a registration fee.
• Compliance and Enforcement: The DTSC must adopt regulations for enforcing PFAS restrictions by January 1, 2029, and start enforcing compliance by July 1, 2030.
• Testing and Certification: Besides registering with the DTSC and paying a registration fee, manufacturers should proactively provide a statement of compliance certifying that each covered product follows the applicable covered PFAS restriction by July 1, 2029. The DTSC may request technical documentation and analytical test results to demonstrate compliance.
• Penalties and Enforcement: The DTSC must publish the Notice of Violation on its website, including relevant product information. In the interest of transparency, they should provide updates to interested parties. They should receive and verify alleged PFAS violations from consumers, businesses and other entities. The DTSC may assess administrative penalties (minimum $10,000 for the first violation) and seek injunctions to restrain violations.

Key Definitions:

“Covered product” means any of the following:

(1) A juvenile product, as defined in Section 108945.

(2) Textile articles, as defined in Section 108970.

(3) Food packaging, as defined in Section 109000.

DTSC stands for California Department of Toxic Substances Control (DTSC) responsible for implementation, enforcement, and compliance. Existing PFAS laws under the DTSC are:

AB 1200

1. Prohibits PFAS in food packaging.
2. Effective date: January 1, 2023.

AB 652

1. Bans PFAS in juvenile products.
2. Effective date: July 1, 2023.

AB 1817

1. Prohibits PFAS in textiles (with exemptions).
2. Effective date: January 1, 2025.
3. Labeling requirements for textiles containing PFAS.

“Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means either of the following:

(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including, but not limited to, the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.

(2) The presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine.

 

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