Bill Text: CA AB347 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Household product safety: toxic substances: testing and enforcement.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2024-08-29 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 14.). [AB347 Detail]

Download: California-2023-AB347-Amended.html

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Amended  IN  Senate  June 28, 2023

Amended  IN  Assembly  May 18, 2023

Amended  IN  Assembly  April 11, 2023

Amended  IN  Assembly  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 347

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Introduced by Assembly Member Ting

January 31, 2023

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An act to add Chapter 3 (commencing with Section 108075) to Part 3 of Division 104 of, to, and to repeal the heading of Chapter 3 of of Part 3 of Division 104 of, the Health and Safety Code, relating to consumer protection.

LEGISLATIVE COUNSEL'S DIGEST

AB 347, as amended, Ting. Household product safety: toxic substances: testing and enforcement.

Existing law prohibits a person from distributing, selling, or offering for sale in the state a juvenile product or food packaging, as defined, that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS).

This bill would require the department to enforce and ensure compliance with those PFAS prohibitions. Department of Toxic Substances Control to adopt guidance regarding the PFAS prohibition, and to post that guidance on its internet website by January 1, 2025. By January 1, 2025, the bill would require the department to select and test at least 200 random samples of juvenile products and at least 200 random samples of food packaging for compliance. compliance with those PFAS prohibitions. The bill would authorize the department to select and test samples after January 1, 2025, upon appropriation by the Legislature.

This

The bill would authorize the department to assess administrative fines against manufacturers of products that are tested by the department and found to be in violation of the PFAS prohibition, described above, or a person who continues to sell or distribute products belonging to the same stock keeping unit (SKU) as those products found to be in violation, as provided. The bill would require all fines collected pursuant to this bill to be deposited into the Chapters 12.5 and 15 Fine Account, which the bill would create in the State Treasury, to be available for expenditure by the department upon appropriation by the Legislature, as specified. The bill would require the department to receive complaints from consumers concerning PFAS in these regulated products that are sold in this state. The bill would authorize the department to adopt guidance regarding the PFAS prohibition.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The heading of Chapter 3 of Part 3 of Division 104 of the Health and Safety Code is repealed.

SEC. 2.

 Chapter 3 (commencing with Section 108075) is added to Part 3 of Division 104 of the Health and Safety Code, to read:

CHAPTER  3. Enforcement and Penalties

108075.

 (a) For purposes of this section, “department” means the Department of Toxic Substances Control.

(b)(1)The department shall enforce and ensure compliance with Chapters 12.5 (commencing with Section 108945) and 15 (commencing with Section 109000).

(2)The department shall select and test samples, taking into account a range of manufacturers and types of designated products regulated under both of the following:

(A)Chapter 12.5 (commencing with Section 108945), including, but not limited to, bibs, changing pads, mattress protectors, nursery pillows, pillow protectors, and playmats.

(B)Chapter 15 (commencing with Section 109000), including, but not limited to, bakery bags, bowls, clamshells, fast food wrappers and containers, food containers, grocery store wrappers and containers, microwave popcorn bags, and soup containers.

(3)

(b) The department shall adopt guidance to implement, interpret, or make specific this section and Chapters 12.5 (commencing with Section 108945) and 15 (commencing with Section 109000). The department shall post this guidance on its internet website by January 1, 2025.

(c) (1) By January 1, 2025, the department shall select and test at least 200 random samples from the products regulated under Chapter 12.5 (commencing with Section 108945) and at 108945), including, but not limited to, bibs, changing pads, mattress protectors, nursery pillows, pillow protectors, and playmats.

(2) By January 1, 2025, the department shall select and test at least 200 random samples from the products regulated under Chapter 15 (commencing with Section 109000). After 109000), including, but not limited to, bakery bags, bowls, clamshells, fast food wrappers and containers, food containers, grocery store wrappers and containers, microwave popcorn bags, and soup containers.

(3) After January 1, 2025, the department may select and test additional samples upon appropriation by the Legislature.

(c)

(d) The department shall publish on its internet website information regarding the testing performed pursuant to this section, including, but not limited to, all of the following:

(1) The department’s timeline for choosing testing samples, testing, and publishing results.

(2) A list of products the department intends to test.

(3) The procedures the department intends to use in testing each product.

(4) The test results for each product.

(e) (1) If the department’s testing shows that any product is in violation of Chapter 12.5 (commencing with Section 108945) or Chapter 15 (commencing with Section 109000), the department may assess administrative fines against the manufacturer of the product.

(2) If a person continues to sell or distribute products in commerce in this state belonging to the same stock keeping unit (SKU) as products that do not comply with Chapter 12.5 (commencing with Section 108945) or Chapter 15 (commencing with Section 109000) after notice of the violation is posted on the department’s internet website, the department may assess administrative fines against that person for the continued sale or distribution of those products.

(3) The department shall make information about any citation issued pursuant to this section available to the public on its internet website, and shall develop a process for keeping interested persons informed about updates to notices of violation posted on the department’s internet website.

(d)

(f) An administrative fine for a violation of this section shall be assessed in accordance with the following schedule:

(1) The fine for the first violation shall be not less than one thousand dollars ($1,000), but not more than two thousand five hundred dollars ($2,500).

(2) The fine for the second violation shall be not less than two thousand five hundred dollars ($2,500), but not more than five thousand dollars ($5,000).

(3) The fine for the third violation shall be not less than five thousand dollars ($5,000), but not more than seven thousand five hundred dollars ($7,500).

(4) The fine for any subsequent violation shall be not less than seven thousand five hundred dollars ($7,500), but not more than ten thousand dollars ($10,000).

(e)

(g) In determining the amount of the administrative fine for a violation of this section, the department shall consider the following factors:

(1) The nature and severity of the violation.

(2) The good or bad faith of the cited person.

(3) The history of previous violations.

(4) Evidence that the violation was willful.

(5) The extent to which the cited person or entity has cooperated with the department.

(f)

(h) (1) The department shall adjust all minimum and maximum administrative fines imposed by this section for inflation every five years.

(2) The adjustment shall be equivalent to the percentage, if any, that the Consumer Price Index at the time of adjustment exceeds the Consumer Price Index at the time this section goes into effect. Any increase determined under this paragraph shall be rounded as follows:

(A) In multiples of ten dollars ($10) in the case of penalties less than or equal to one hundred dollars ($100).

(B) In multiples of one hundred dollars ($100) in the case of penalties greater than one hundred dollars ($100), but less than or equal to one thousand dollars ($1,000).

(C) In multiples of one thousand dollars ($1,000) in the case of penalties greater than one thousand dollars ($1,000).

(g)

(i) The department shall deposit all fines collected pursuant to this chapter into the Chapters 12.5 and 15 Fine Account, which is hereby created in the State Treasury. Upon appropriation by the Legislature, moneys in the Chapters 12.5 and 15 Fine Account shall be available for expenditure by the department to enforce this chapter.

(j) The department shall receive complaints from consumers concerning perfluoroalkyl and polyfluoroalkyl substances in products regulated by this section that are sold in this state.

(h)The department may adopt guidance to implement, interpret, or make specific this section and Chapters 12.5 (commencing with Section 108945) and 15 (commencing with Section 109000).

(k) This chapter does not limit or restrict the enforcement authority of the Attorney General or a district attorney to enforce Chapters 12.5 (commencing with Section 108945) and 15 (commencing with Section 109000).