109015.
(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 chapter. The department shall post this guidance on its internet website by January 1, 2025.
(c) (1) By January 1, 2026, the department shall select and test at least 100 but no more than 200 random samples from the products regulated under
this chapter, 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.
(2) After July 1, 2026, 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 a product regulated by Article 1 (commencing with Section 109000) 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.
(B) The department shall ensure compliance with the product labeling requirements and
the internet posting requirements imposed by Article 2 (commencing with Section 109020), 109010), and shall notify the manufacturer of a violation and the nature of the violation, including the identity of the product in 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.
(f) The department shall determine the amount of the administrative fine assessed pursuant to subdivision (e). In determining the amount of the administrative 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.
(g) The department shall deposit all fines collected pursuant to this article into the Chapter 15 Fine Account, which is hereby created in the State Treasury. Upon appropriation by the Legislature, moneys in the Chapter 15 Fine Account shall be available for expenditure by the department to enforce this chapter.
(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 and may consider these complaints when determining test samples authorized under paragraph (3) of subdivision (c).
(i) This article does not limit or restrict the enforcement authority of the Attorney General or a district attorney
to enforce this chapter.
(j) (1) By July 1, 2027, the department shall submit a report to the Legislature providing information regarding the testing performed pursuant to this article, 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 article.
(C) If no action was taken against manufacturers pursuant to this article, then an explanation of why no action was taken.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on July 1, 2031, 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.