Bill Text: CA AB1660 | 2023-2024 | Regular Session | Amended
Bill Title: Cosmetic products: perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1660 Detail]
Download: California-2023-AB1660-Amended.html
|
Amended
IN
Assembly
April 10, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1660
| Introduced by Assembly Member Ta |
February 17, 2023 |
An act to amend Section 108981.5 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1660, as amended, Ta.
Cosmetic products: perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Existing law requires the State Air Resources Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, as defined, if the state board determines adequate data exist to establish the regulations are necessary to attain state and federal ambient air quality standards and the regulations are commercially and technologically feasible and necessary.
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). Existing law defines, for these purposes, “PFAS” to mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, and “intentionally
added PFAS” to mean PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product, or PFAS chemicals that are intentional breakdown products of an added chemical.
This bill would authorize the state board to exempt an intentionally added PFAS from that prohibition if the state board determines that the intentionally added PFAS has characteristics that are beneficial for the environmental goals of the State of California and is not identified as persistent, bioaccumulative, and toxic to the environment.
This bill would authorize a person or entity to petition the board to exempt an intentionally added PFAS from that prohibition, and would authorize
the state board to, in consultation with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and the Department of Toxic Substances Control, exempt an intentionally added PFAS from that prohibition if the state board determines that the intentionally added PFAS meets specified qualifications. The bill would require the petitioner to provide specified information in their exemption petition to the board, including, among other things, the name of the intentionally added PFAS proposed for exemption, its intended end use, and its intended concentration in the proposed cosmetic product.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 108981.5 of the Health and Safety Code is amended to read:108981.5.
(a) Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), except as provided in subdivision (b).(b)The State Air Resources Board may exempt an intentionally added PFAS from the prohibition described in subdivision (a) if the state board determines that the intentionally added PFAS meets both of the following conditions:
(1)It has characteristics that are beneficial for the environmental goals of the State of California.
(2)It is not identified as persistent, bioaccumulative, and toxic to the environment.
(b) (1) A person or entity may petition the State Air Resources Board to exempt an intentionally added PFAS from the prohibition described in subdivision (a). The State Air Resources Board may, in consultation with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and the Department of Toxic Substances Control, exempt an intentionally added PFAS from the prohibition described in subdivision (a) if the board determines that the intentionally added PFAS meets all of the following qualifications:
(A) It is identified by the United States Environmental Protection Agency’s (EPA) Significant New Alternatives Policy (SNAP) program as an acceptable substitute under Subpart G (commencing with Section 82.170) of Part 82 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations, and the person or entity intends
to utilize the intentionally added PFAS within parameters set by the SNAP table that are applicable to cosmetics.
(B) The EPA has exempted it as a volatile organic compound (VOC) under Section 51.100(s) of Title 40 of the Code of Federal Regulations.
(C) It is excluded from the definition of a VOC under Section 94508 of Title 17 of the California Code of Regulations after a determination that its use did not result in adverse impacts to human health or the environment, including bioaccumulation and persistence concerns.
(2) The petitioner shall provide, at a minimum, all of the following information in their petition to the board:
(A) The name of
the intentionally added PFAS proposed for exemption, including the CAS number, its intended end use, and its intended concentration in the proposed cosmetic product.
(B) Whether the intentionally added PFAS is exempted as a VOC pursuant to Section 51.100(s) of Title 40 of the Code of Federal Regulations and included on the SNAP tables in the appendices under Subpart G (commencing with Section 82.170) of Part 82 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
(C) A justification for the proposed exemption supporting the petitioner’s position that the intentionally added PFAS is not a concern to human health or the environment, including, but not limited to, peer-reviewed studies on bioaccumulation and persistence concerns, and data, as requested by the board, for the intended use and concentration of the intentionally added PFAS.
