California AB347 Household Product Safety: Toxic Substances: Testing and Enforcement

Introduction

California Assembly Bill 347 (AB 347), signed into law by Governor Gavin Newsom on September 29, 2024, represents a significant legislative step in regulating perfluoroalkyl and polyfluoroalkyl substances (PFAS) in consumer products.

Often referred to as "forever chemicals" due to their persistence in the environment and the human body, PFAS are synthetic substances found in a wide range of products, including juvenile products, textiles, and food packaging. Although they offer benefits such as water and stain resistance, their potential health risks, including cancer and liver damage, have prompted regulatory action.

AB 347 brings the existing PFAS regulations covering juvenile products, textiles, and food packaging, under the jurisdiction of the Department of Toxic Substances Control (DTSC). The bill outlines a phased approach for implementation, requiring manufacturers to register their products, certify compliance, and adhere to testing and reporting standards. Additionally, DTSC will be tasked with enforcing these regulations, conducting product tests, and issuing penalties for non-compliance. Notices of violation will be published on DTSC’s website to ensure transparency and public accountability.

The law's primary objective is to reduce consumer exposure to harmful PFAS while establishing a clear and enforceable framework for manufacturers. AB 347’s phased timeline allows companies time to comply, but failure to do so will result in significant penalties. This document provides a detailed analysis of the key provisions of the law, its timeline, and its implications for manufacturers and consumers.

Key Provisions of AB 347

1. Extension of Existing PFAS Laws
   AB 347 extends existing laws regulating PFAS in juvenile products, textiles, and food packaging by placing these categories under the jurisdiction of the DTSC. This ensures consistency in the application of restrictions and enforcement measures across all product types.
2. Restricted Definition of Juvenile Products
   The bill narrows the definition of juvenile products to those specifically mentioned in the law, such as cribs, mattresses, and play mats. This targeted approach focuses the law on products that are most likely to expose children under 12 years of age to PFAS.

Requirements

1. Regulations for Enforcement (by 01/01/2029)
   DTSC is required to adopt regulations to implement and enforce PFAS restrictions by January 1, 2029. These regulations will provide the framework for manufacturers to ensure compliance with the law.
2. Manufacturer Registration (by 07/01/2029)
   By July 1, 2029, manufacturers must register their products with DTSC, and the registration process will include the following:
• The name and a description of each covered product it manufactures.
• Paying registration fees.
• Providing a Statement of Compliance certifying adherence to PFAS prohibitions.
3. Compliance and Enforcement (from 07/01/2030)
   Beginning on July 1, 2030, DTSC will enforce compliance with the PFAS restrictions through product testing, random sampling, and other regulatory measures.
4. Legislative Reporting (by 07/01/2033)
   By July 1, 2033, DTSC will submit a report to the Legislature detailing its compliance and enforcement activities under AB 347, including summaries of products tested, violations issued, and penalties enforced.

Manufacturer Compliance

• Statement of Compliance
  Manufacturers must submit a statement certifying that each covered product complies with PFAS restrictions. DTSC may request analytical test reports to verify compliance. The DTSC will publish a list of accepted testing methods and accredited third-party laboratories by January 1, 2029, to standardize testing procedures across industries.
• Notice of Violation Publication
  In cases of non-compliance, DTSC may issue a Notice of Violation as per Section 108083. The department is required to:
• Publish the notice on its website, including relevant product information for each covered product subject to the violation.
• Develop a process to keep interested parties informed of updates to notices of violation, ensuring transparency.
• Receive and verify reports of alleged PFAS violations from consumers, businesses, and other entities, and assess administrative penalties based on verified findings.

Testing Disclosures and Compliance Verification

While AB 347 does not mandate product testing as a blanket requirement, it grants the Department of Toxic Substances Control (DTSC) the authority to request technical documentation from manufacturers to verify compliance with PFAS restrictions. This includes the submission of test results performed using analytical methods approved by DTSC. Manufacturers are expected to maintain records demonstrating that their products meet the applicable PFAS laws and be prepared to provide these results, if requested.

DTSC will publish a list of approved testing methods and accredited laboratories, which manufacturers should consult to ensure they are following the appropriate procedures.

Existing PFAS Laws Now Under DTSC Jurisdiction

1. AB 1200 (2021) - PFAS in Food Packaging and Cookware
• Prohibition: As of January 1, 2023, PFAS in food packaging is prohibited. Starting January 1, 2024, cookware containing PFAS must include clear labeling with additional disclosure on product websites.
• Key Compliance: PFAS in food packaging must be replaced with the least toxic alternatives.
2. AB 652 (2021) - PFAS in Juvenile Products
• Prohibition: As of July 1, 2023, new juvenile products containing regulated PFAS cannot be sold in California. These products include cribs, mattresses, strollers, and other items for children under 12 years of age.
• Key Compliance: Manufacturers are required to eliminate PFAS from juvenile products and use the least toxic alternatives.
3. AB 1817 (2022) - PFAS in Textiles
• Prohibition: Beginning January 1, 2025, textile articles containing regulated PFAS are prohibited.
  Outdoor apparel for severe wet conditions is exempt until January 1, 2028. However, from January 1, 2025, such apparel containing PFAS must include a label stating "Made with PFAS chemicals," both on physical products and online listings.
• TOF Proxy: PFAS in textiles can be measured using Total Organic Fluorine (TOF) as a proxy, with thresholds set at 100 ppm, decreasing to 50 ppm by 2027.

Enforcement and Penalties

• Enforcement
  The enforcement of AB 347 will be conducted by the California Attorney General or DTSC. Enforcement actions can be initiated by the DTSC based on reports submitted by consumers, businesses, research institutions, and not-for-profit entities. DTSC will independently test, verify, or inspect the reports to determine violations.
• Penalties
  For violations of PFAS restrictions, the department may assess administrative penalties starting at $10,000 for the first offense. Additional penalties may accrue for ongoing violations. Penalties will be determined based on:
• The severity of the violation.
• The violator’s history of prior offenses and cooperation with authorities.
• Whether the violation was willful or accidental.

Enforcement and Penalties

Manufacturers of juvenile products, textiles, and food packaging must comply with the new requirements under AB 347. Compliance involves registering products with the Department of Toxic Substances Control (DTSC) and submitting a Statement of Compliance certifying that products meet PFAS restrictions.

Failure to adhere to these requirements may lead to substantial financial penalties and reputational harm, particularly as violations will be publicly posted on DTSC’s website. It is crucial for companies to review their product lines for PFAS content and take the necessary steps to meet the compliance deadlines set by the law.

Conclusion

California AB 347 sets a new standard in PFAS regulation, providing clear guidelines for manufacturers and establishing strong enforcement mechanisms. The law not only protects consumers from harmful chemicals but also promotes transparency by publishing notices of violation for public access.

Companies that comply with AB 347 will demonstrate leadership in environmental responsibility, while those that fail to meet the requirements will face substantial penalties. As the enforcement deadlines approach, manufacturers must act now to align their products and processes with the law.

FAQs on California AB 347

1. What is California AB 347?
   AB 347 is a California law that brings juvenile products, textiles, and food packaging under PFAS regulation, placing them under the jurisdiction of the Department of Toxic Substances Control (DTSC). The law mandates product registration and reporting to ensure consumer safety.
2. What products are affected by AB 347?
   The law applies to juvenile products (such as cribs and play mats) as defined in AB 652, textiles as defined in AB 1817, and food packaging as defined in AB 1200 that may contain PFAS.
• AB 1200: Prohibits PFAS in food packaging and requires cookware labeling.
• AB 652: Bans PFAS in juvenile products for children under 12.
• AB 1817: Bans PFAS in textiles starting in 2025, with exemptions for outdoor apparel until 2028.
3. What are PFAS, and why are they regulated?
   PFAS are synthetic chemicals used for their water and heat-resistant properties. They are increasingly regulated due to their environmental persistence and potential health risks, including cancer and liver damage.
4. What are the deadlines for compliance with AB 347?
• By January 1, 2029: DTSC must issue regulations for enforcing PFAS restrictions.
• By July 1, 2029: Manufacturers must register their products, pay fees, and provide a Statement of Compliance to DTSC.
• By July 1, 2030: DTSC will begin enforcement.
• By July 1, 2033: DTSC will report to the Legislature on its compliance and enforcement activities.
5. How does DTSC enforce AB 347?
   DTSC will enforce the law by testing products, issuing notices of violation, and assessing penalties. Information about violations will be made publicly available on DTSC’s website, ensuring transparency. Consumers, businesses, and public advocacy groups can report potential violations for DTSC to investigate.
6. Does AB 347 require manufacturers to conduct product testing?
   AB 347 does not require manufacturers to conduct product testing as a default requirement. However, the Department of Toxic Substances Control (DTSC) has the authority to request technical documentation from manufacturers to verify compliance with PFAS laws. This may include providing test results using DTSC-approved analytical methods. Manufacturers should be prepared to submit such documentation if requested by DTSC.
7. What penalties apply for non-compliance?
   Violators face penalties starting at $10,000 for the first offense, with additional penalties for continued violations. The penalties will be determined based on factors such as the severity of the violation, history of prior offenses, and the violator’s cooperation with authorities.

FAQs for AB 1817 (2022) - PFAS in Textiles

1. What types of products does AB 1817 regulate?
   AB 1817 regulates new, not previously owned, textile articles.
2. When does the prohibition on PFAS in textile articles take effect?
   The prohibition begins on January 1, 2025 for most textile articles. For outdoor apparel for severe wet conditions, the prohibition starts on January 1, 2028.
3. What are some examples of "textile articles" covered under AB 1817?
   "Textile articles" include:
• Apparel
• Accessories
• Handbags
• Backpacks
• Draperies
• Shower curtains
• Furnishings, upholstery, beddings, towels, napkins, and tablecloths
4. Are any textile articles exempt from AB 1817?
   Yes, exemptions include:
• Items regulated for PFAS under the Safer Consumer Products Program (e.g., carpets, rugs)
• Vehicles and their components
• Vessels (e.g., boat covers)
• Filtration media for industrial applications
• Textile articles used in laboratory settings
• Aircraft and their components
• Stadium shades or architectural fabric structures
5. What is meant by "outdoor apparel for severe wet conditions" in AB 1817?
   This refers to outdoor apparel designed for extreme, prolonged exposure to wet conditions, such as:
• Offshore fishing
• Offshore sailing
• Whitewater kayaking
• Mountaineering
6. Does AB 1817 completely ban PFAS in "outdoor apparel for severe wet conditions?"
   Not immediately. From January 1, 2025, outdoor apparel containing PFAS must include a clear label stating "Made with PFAS chemicals". The complete ban takes effect on January 1, 2028.
7. What is the significance of Total Organic Fluorine (TOF) in PFAS regulation?
   TOF is used as a proxy to assess intentional PFAS use in textiles. Under AB 1817, the initial TOF threshold for PFAS in textile articles is 100 parts per million (ppm), but this will be reduced to 50 ppm by 2027.
8. What are the manufacturer's responsibilities under AB 1817?
   Manufacturers must:
• Use the least toxic alternative when replacing PFAS
• Provide a certificate of compliance confirming that the textile article does not contain regulated PFAS, signed by an authorized representative. This certificate can be provided electronically.

FAQs for AB 652 (2021) - PFAS in Juvenile Products

1. What is considered a "juvenile product" under this law?
   A "juvenile product" is any product intended for use by infants and children under 12 years old. This includes, but is not limited to:
• Baby and toddler pillows, bassinets, cribs, mattresses, play mats, strollers, highchairs, and car seats.
2. What is NOT considered a "juvenile product" under this law?
   Excluded products include children's electronic products (e.g., computers, phones, game consoles), medical devices, and internal components of juvenile products that do not come into contact with a child’s skin or mouth.
3. When does AB 652 take effect?
   The law's requirements and prohibitions came into effect on July 1, 2023.
4. How does this bill affect manufacturers of juvenile products?
   Manufacturers were required to phase out regulated PFAS from their products and label them appropriately. They had to identify alternatives and ensure compliance with the law’s requirements by the July 1, 2023 deadline.

FAQs for AB 1200 (2021) - PFAS in Food Packaging

1. What types of food packaging are affected by AB 1200?
   AB 1200 focuses on "nondurable" food packaging made substantially from plant-based materials such as paper, paperboard, or other plant-derived fibers. This includes items like:
• Food and beverage containers
• Take-out containers
• Unit product boxes
• Liners and wrappers
• Serving vessels, eating utensils, straws
• Disposable plates, bowls, and trays
2. When do the restrictions on PFAS in food packaging take effect?
   The ban on distributing, selling, or offering for sale in California any food packaging containing regulated PFAS began on January 1, 2023.
3. What are manufacturers required to do to comply with the PFAS regulations?
   Manufacturers must replace PFAS in food packaging with the least toxic alternatives available to comply with AB 1200.

For questions and additional information about these regulations or how to manage PFAS and other substances of concern in your value chain, please contact Dr. Pratik Ichhaporia
(Pratik.ichhaporia@cpt.eurofinsus.com, +1-669-837-2257)