Bill Text: CA AB246 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Product safety: menstrual products: perfluoroalkyl and polyfluoroalkyl substances.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB246 Detail]
Download: California-2023-AB246-Amended.html
An act relating to public health. An act to add Chapter 14.5 (commencing with Section 108985) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.
SECTION 1.
Bill Title: Product safety: menstrual products: perfluoroalkyl and polyfluoroalkyl substances.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB246 Detail]
Download: California-2023-AB246-Amended.html
|
Amended
IN
Assembly
March 09, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 246
| Introduced by Assembly Member Papan |
January 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
AB 246, as amended, Papan.
Menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS). Product safety: menstrual products: perfluoroalkyl and polyfluoroalkyl substances.
Existing law prohibits, beginning January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. Existing law similarly prohibits, beginning January 1, 2025, any person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.
This bill would, beginning January 1, 2025, similarly prohibit any person from manufacturing,
distributing, selling, or offering for sale in the state any menstrual products that contain regulated PFAS, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in menstrual products to comply with these provisions. The bill would require a manufacturer of a menstrual product to provide persons that offer the product for sale or distribution in the state with a certificate of compliance stating that the menstrual product is in compliance with these provisions and does not contain any regulated PFAS.
Existing law, the Sherman Food, Drug, and Cosmetic Law, requires a package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state to have printed on the label a plain and conspicuous list of all ingredients, as defined, in the product, by weight, and prohibits the sale of a menstrual product in the state unless the menstrual product and the manufacturer of the menstrual product comply with the specified labeling requirements.
Existing law, beginning January 1, 2025, prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined.
This bill would state the intent of the
Legislature to enact legislation to eliminate PFAS from menstrual products.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Perfluoroalkyl and polyfluoroalkyl substances, or PFAS, are persistent, toxic, and bioaccumulative substances with multiple adverse effects on human health.
(2) PFAS are utilized in a broad range of products for their water- and stain-resistant properties, including clothing and textiles, despite the growing body of evidence that these materials may leach into food, water supplies, and even the
human body through prolonged exposure.
(3) Adverse health impacts associated with PFAS include kidney and liver damage, decreased immune system function, interference with vaccine uptake, developmental and reproductive harm, increased risk of asthma, and increased incidences of testicular and kidney cancer for those with high exposure.
(4) Multiple alternatives to PFAS have been identified for water resistance in menstrual products and textiles. For addressing stains, soap and water work well for most situations, and alternative materials and cleaning solutions offer additional options.
(b) Therefore, it is the intent of the Legislature, in enacting this act, to phase out the use of PFAS in menstrual
products.
SEC. 2.
Chapter 14.5 (commencing with Section 108985) is added to Part 3 of Division 104 of the Health and Safety Code, to read:CHAPTER 14.5. Menstrual Products
108985.
For purposes of this chapter, the following terms have the following definitions:(a) “Manufacturer” has the same meaning as that term is defined in Section 108952.
(b) “Menstrual product” means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.
(c) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d) “Regulated
perfluoroalkyl and polyfluoroalkyl substances or PFAS” means PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including 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.
108986.
(a) Commencing January 1, 2025, no person shall manufacture, distribute, sell, or offer for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.(b) A manufacturer shall use the least toxic alternative, including alternative design, when removing regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS in menstrual products to comply with this chapter.
(c) A manufacturer of a menstrual product shall provide persons that offer the product for sale or distribution in the state with a certificate of compliance stating that the menstrual product is in compliance with the requirements of this chapter and does
not contain any regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. A certificate of compliance provided pursuant to this subdivision shall be signed by an authorized official of the manufacturer. The certificate of compliance may be provided electronically.
(d) A distributor or retailer of a menstrual product, if they are not also the manufacturer of the product, shall not be held in violation of this chapter if they relied in good faith on the certificate of compliance provided by the manufacturer pursuant to subdivision (c).
It is the intent of the Legislature to enact legislation to eliminate perfluoroalkyl and polyfluoroalkyl substances (PFAS) from menstrual products.
