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

California Assembly Bill 347

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

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-09-11 - Ordered to inactive file at the request of Senator Cortese. [AB347 Detail]

Download: California-2023-AB347-Amended.html

Amended IN Assembly April 11, 2023

Amended IN Assembly March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 347

Introduced by Assembly Member Ting

January 31, 2023

An act to ~~repeal the heading of Chapter 3 of Part 3 of Division 104, and to~~ add Chapter 3 (commencing with Section 108075) to Part 3 of Division 104 of, and to repeal the heading of Chapter 3 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, the Cleaning Product Right to Know Act of 2017, requires a manufacturer of a designated product, as defined, that is sold in the state to disclose on the product label and on its internet website information related to certain chemicals contained in the designated product, as specified. The act prohibits the sale in the state of a designated product that does not satisfy these requirements.

This bill would require the Department of Toxic Substances Control to enforce and ensure compliance with the act. The bill would require the department to select and test samples from the designated products regulated under the act to test for compliance.

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. The bill would require the department to select and test samples of juvenile products and food packaging to test for compliance.

This 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 labeling requirement or 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 the department to receive complaints from consumers concerning these regulated products that are sold in this state. The bill would authorize the department to ~~provide regulatory~~ adopt guidance for products subject to the labeling requirement or the PFAS prohibition.

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

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), 13 (commencing with Section 108950), 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 all 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 13 (commencing with Section 108950), including, but not limited to, consumer and commercial carpet cleaners, dishwasher detergents, floor polishes, laundry detergents, multipurpose cleaners, plugin and spray air fresheners, surface cleaners, and upholstery cleaners.

(C) 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.

(c) (1) If the department’s testing shows that any product is in violation of one or more of Chapters 12.5 (commencing with Section 108945), 13 (commencing with Section 108950), and 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 one or more of Chapters 12.5 (commencing with Section 108945), 13 (commencing with Section 108950), and 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) 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) 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) (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).

(g) The department shall receive complaints from consumers concerning products regulated by this section sold in this state.

(h) The department may adopt ~~regulatory guidelines to implement uniform standards or criteria~~ guidance to implement, interpret, or make specific this section and Chapters 12.5 (commencing with Section 108945), 13 (commencing with Section 108950), and 15 (commencing with Section 109000).