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 Senate August 16, 2023

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

Introduced by Assembly Member Ting

January 31, 2023

An act to add Chapter 3 (commencing with Section 108075) 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). Existing law requires a manufacturer of specified cookware that contains certain chemicals in the handle of the product or in any cookware surface that comes in contact with food, foodstuffs, or beverages to post on an internet website for the cookware a list of those chemicals, among other information. Existing law requires, beginning January 1, 2024, the product label for this cookware to list those chemicals, among other information. Existing law prohibits this cookware from being sold, offered for sale, or distributed in the state unless the cookware and the manufacturer of the cookware comply with these provisions.

This bill would require the Department of Toxic Substances Control to adopt guidance regarding the PFAS ~~prohibition,~~ prohibition and the internet posting and labeling requirements for cookware, 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 and cookware for compliance with those PFAS ~~prohibitions.~~ prohibitions and the manufacturers’ labeling and internet posting duties. The bill would authorize the department to select and test samples after January 1, 2025, upon appropriation by the Legislature.

The bill would authorize the department to assess administrative fines against manufacturers of juvenile products and food packaging 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, contain PFAS, as provided. The bill would authorize the department to assess administrative fines against manufacturers of cookware that does not comply with the labeling and internet posting duties. 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 require the department, by January 1, 2026, to submit a report to the Legislature regarding the testing and enforcement actions taken pursuant to the bill’s provisions.

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) 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), 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), 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.

(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) (A) If the department’s testing shows that ~~any product is in violation of~~ a product regulated by Chapter 12.5 (commencing with Section 108945) ~~or Chapter 15 (commencing with Section 109000),~~ contains regulated perfluoroalkyl and polyfluoroalkyl substances, as defined by Section 108945, then the department shall notify the manufacturer of the tested product and the nature of the violation and 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.
~~(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).~~
(B) If the department’s testing shows that a product regulated by Article 1 (commencing with Section 109000) of Chapter 15 contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined in Section 109000, then the department shall notify the manufacturer of the tested product and the nature of the violation and may assess administrative fines against the manufacturer of the product.
(C) If the department’s testing shows that a product regulated by Article 2 (commencing with Section 109010) of Chapter 15 contains one or more intentionally added chemicals on the designated list, as defined by Section 109010, and does not comply with the labeling and internet posting requirements of Article 2 (commencing with Section 109010) of Chapter 15, then the department shall notify the manufacturer of the tested product and the nature of the violation and may assess administrative fines against the manufacturer of the product.
(2) The department shall make available on its internet website information about each notice of violation issued pursuant to this section, including, but not limited to, the relevant stock keeping unit (SKU) number for each product subject to a notice of violation. The department shall develop a process for keeping interested persons informed about updates to notices of violation posted on the department’s internet website.
~~(g)In~~

(f) The department shall determine the amount of the administrative fine assessed pursuant to subdivision (e). In determining the amount of the administrative ~~fine for a violation of this section,~~ fine, 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.

~~(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).~~
~~(i)~~

(g) 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)~~

(h) The department shall receive complaints from consumers concerning perfluoroalkyl and polyfluoroalkyl substances in products regulated by this section that are sold in this ~~state.~~ state and may consider these complaints when determining test samples authorized under paragraph (3) of subdivision (c).

~~(k)~~

(i) 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).

(j) (1) By January 1, 2026, the department shall submit a report to the Legislature providing information regarding the testing performed pursuant to this chapter, including, but not limited to, all of the following:
(A) The test results for each product and the procedures the department used in testing each product.
(B) Information about any action taken against manufacturers pursuant to this chapter.
(C) If no action was taken against manufacturers pursuant to this chapter, then an explanation of why no action was taken.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2030, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.