Bill Text: CA AB727 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Product safety: cleaning products and floor sealers or floor finishes: perfluoroalkyl and polyfluoroalkyl substances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB727 Detail]
Download: California-2023-AB727-Amended.html
Bill Title: Product safety: cleaning products and floor sealers or floor finishes: perfluoroalkyl and polyfluoroalkyl substances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB727 Detail]
Download: California-2023-AB727-Amended.html
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Amended
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Senate
July 10, 2023 |
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Amended
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Senate
June 22, 2023 |
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Amended
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Senate
June 07, 2023 |
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Amended
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Assembly
April 13, 2023 |
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Amended
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April 11, 2023 |
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Amended
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March 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 727
| Introduced by Assembly Member Weber |
February 13, 2023 |
An act to add Chapter 17 (commencing with Section 109030) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 727, as amended, Weber.
Product safety: cleaning products: perfluoroalkyl and polyfluoroalkyl substances.
Existing law, beginning January 1, 2025, prohibits 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), as defined. Existing law similarly prohibits, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.
This bill, beginning January 1, 2026, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a cleaning product that
contains regulated PFAS, as specified. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 per day for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would require the Attorney General, a city attorney, a county counsel, or a district attorney to provide a written notice of an alleged violation to a retailer before bringing an action, as specified. Under the bill, the retailer would have 30 days from receipt of the notification to cease selling or offering for sale the cleaning product alleged to violate these provisions. The bill would authorize the Attorney General, a city attorney, a county counsel, or a district attorney to
bring an action if 30 days after receipt of the notice of violation the retailer continues to sell or offer for sale the same stock keeping unit (SKU) that is alleged to violate these provisions. The bill would exempt treatments containing PFAS for use on converted textiles or leathers, as specified, from these provisions.
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.
Chapter 17 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:CHAPTER 17. Cleaning Products Containing PFAS
109030.
For purposes of this chapter, the following definitions apply:(a) “Air care product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air.
(b) “Automotive product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, maintain the appearance of, polish, protect, buff, condition, or otherwise care for a motor vehicle. Automotive products include products for washing, waxing, polishing, cleaning, or
treating the exterior or interior surfaces of motor vehicles.
(c) “Cleaning product” means a finishing product that is an air care product, automotive product, general cleaning product, or a polish or floor maintenance product used primarily for janitorial, domestic, industrial, or institutional cleaning purposes, or a water vessel product.
(d) “General cleaning product” means a soap, detergent, or other chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, sanitize, or otherwise care for any of the following:
(1) Fabric, dishes, or other wares.
(2) Surfaces, including, but not limited to, floors,
furniture, countertops, showers, or baths.
(3) Other hard surfaces, such as stovetops, microwaves, and other appliances.
(e) “Intentionally added PFAS” means PFAS that a manufacturer has intentionally added to a product or ingredient and that have has a functional or technical effect in the product or ingredient.
(f) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(g) “Polish or
floor maintenance product” means a chemically formulated consumer product, such as polish, wax, a stripper, or a restorer, labeled to indicate that the purpose of the product is to clean, disinfect, polish, protect, buff, condition, temporarily seal, strip, or maintain furniture, floors, metal, leather, or other surfaces. Polish or floor maintenance products do not include treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers.
(h) “Treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers” has the same meaning as provided in Section 69511.5 of Title 22 of the California Code of Regulations.
(i) “Water vessel product” means a chemically formulated consumer product, such as
an all-purpose cleaner or wash, deck or nonskid surface cleaner, hull or bottom cleaner, product that descales or dissolves marine growth, wax, polish, or restorer, labeled to indicate that the purpose of the product is to maintain the appearance of, or otherwise care for, a water vessel.
109031.
(a) Commencing January 1, 2026, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale in commerce in this state a cleaning product containing any of the following:(1) Intentionally added PFAS.
(2) PFAS in a product or ingredient at or above the following thresholds, as measured in total organic fluorine:
(A) Commencing January 1, 2026, 50 parts per million.
(B) Commencing January 1, 2027, 25 parts per million.
(C) Commencing January 1, 2028, 10 parts per million.
(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a A person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) per day for each subsequent violation.
violation, but in no instance shall the civil penalties authorized by this paragraph exceed one million dollars ($1,000,000). The civil penalties under this subdivision shall begin accruing on the date an action is brought pursuant to paragraph (2).
(2) An action to enforce this section may be brought by the Attorney General, a city attorney, a county counsel, or a district attorney in a court of competent jurisdiction.
(3) For purposes of this section, a violation is deemed to have occurred upon the manufacture, sale, delivery, distribution, holding, or offering for sale, as applicable, of a cleaning product in violation of this section. Cleaning products that belong to the same stock keeping unit (SKU) as the cleaning product in violation of this
section are considered part of the same, single violation incurred by each violating entity.
(c) (1) Before bringing an action against a retailer pursuant to paragraph (2) of subdivision (b), the Attorney General, a city attorney, a county counsel, or a district attorney, as applicable, shall provide a written notice of an alleged violation and a copy of the requirements of this chapter to a retailer that sells or offers for sale the cleaning product alleged to violate this section. The retailer will have 30 days from receipt of the notification to comply with this section by ceasing to sell or offer for sale the cleaning product alleged to violate this section.
(2) If 30 days after receipt of the notice of violation pursuant to paragraph (1) the retailer continues to sell or offer for sale the same stock keeping unit (SKU) that is alleged to be in violation
of this section, the Attorney General, a city attorney, a county counsel, or a district attorney, as applicable, may bring an action for violation of this section pursuant to paragraph (2) of subdivision (b).
(2)
(d) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.
(c)
(e) This section does not apply to treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers, which are listed as a Priority Product by the Department of Toxic Substances Control pursuant to subdivision (b) of Section 69511 of Title 22 of the California Code of Regulations.
