CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: California published PFAS enforcement mechanism

OCTOBER 2024 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 29 September 2024, the California Governor signed the bill AB 347¹ into law, establishing a comprehensive enforcement mechanism of per- and polyfluoroalkyl substances (PFAS) in juvenile products (AB 652²), textiles articles (AB 1817³) and food packaging (AB 1200⁴). This helps to ensure compliance and safeguard public health.

Manufacturers of the covered products are required to register with the Department of Toxic Substances Control (DTSC) and provide all necessary documentation to demonstrate PFAS compliance on or before 1 July 2029. The following should be submitted to DTSC:

1. the name and a description of each covered product;
2. the applicable registration fee;
3. a statement of compliance certifying that each covered product complies with the applicable covered PFAS restriction.

The bill also designated DTSC as the lead agency for registration and enforcement. DTSC will publish a list of approved PFAS test methods and laboratory accreditation on or before 1 January 2029, with enforcement beginning after 1 July 2030.

Additionally, the bill clarifies the scope of juvenile products for infants and children under 12 years of age by limiting to the list of specific products. 

[1] Bill AB 347

[2] TÜV SÜD E-ssentials, Volume 15, 2021

[3] TÜV SÜD E-ssentials, Volume 14, 2022

[4] TÜV SÜD E-ssentials, Volume 16, 2021

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